KALA BIO, Inc. 8-K

What Happened KALA BIO, Inc. announced on January 8, 2026 that it entered into an At-The-Market Offering Agreement with H.C. Wainwright & Co., LLC to sell shares of its common stock from time to time under an ATM program. The company filed an ATM prospectus supplement (dated January 8, 2026) that supplements its shelf registration statement on Form S-3 (File No. 333-270263, declared effective May 11, 2023). The aggregate market value of common stock eligible for sale under the ATM prospectus supplement is currently $15,000,000.

Key Details

• Agreement date: January 8, 2026; sales agent: H.C. Wainwright & Co., LLC.
• Eligible amount: $15,000,000 aggregate market value of common stock available to sell under the prospectus supplement.
• Commission and fees: KALA will pay Wainwright a sales commission of 3.0% of gross sales; KALA will reimburse up to $50,000 of Wainwright’s legal fees and up to $3,500 per due diligence session update.
• Mechanics and limits: Shares may be sold on Nasdaq or other trading markets, in block or privately negotiated transactions with company approval; sales price will be the market price on Nasdaq at time of sale. The company is not obligated to sell any shares, and Wainwright is not obligated to buy shares on a principal basis.

Why It Matters This ATM gives KALA BIO a flexible way to raise equity capital over time — potentially providing funding without a single large dilution event — but it does not commit the company to sell shares. Investors should note the $15M capacity, the 3% sales commission (which reduces net proceeds), and that actual amount, timing and price of any sales will depend on market conditions and management decisions.