Current Report Filing (8-k)
June 15 2023 - 6:46AM
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities
Exchange Act of 1934
Date of Report (date of earliest event reported):
June 14, 2023
The Oncology Institute, Inc.
(Exact name of registrant as specified in its charter)
Delaware
(State or other jurisdiction of
incorporation or organization) |
001-39248
(Commission File Number) |
84-3562323
(I.R.S. Employer Identification Number) |
18000 Studebaker Rd, Suite 800
Cerritos, California 90703
(Address of principal executive offices and zip code)
(562) 735-3226
(Registrant's telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended
to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
|
¨ |
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
|
¨ |
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
|
¨ |
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
|
¨ |
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Securities registered pursuant to Section 12(b) of the Act:
Title
of each class |
Trading
Symbol |
Name
of each exchange
on which registered |
|
|
|
Common stock, par value $0.0001 |
TOI |
The Nasdaq Stock Market LLC |
|
|
|
Redeemable warrants, each whole warrant exercisable for one share of Common stock, each at an exercise price of $11.50 per share |
TOIIW |
The Nasdaq Stock Market LLC |
Indicate by check mark whether the registrant
is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2
of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company x
If an emerging growth company, indicate by check mark if the registrant
has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant
to Section 13(a) of the Exchange Act.
Item 8.01. Other Events.
On June 14, 2023, the Board of Directors of The Oncology Institute, Inc.
(the “Company”) approved a share repurchase program with authorization to purchase up to 5 million shares of the Company’s
common stock, par value $0.0001 per share (the “Common Stock”). The Company may repurchase shares from time to time through
one or more securities broker-dealers, in open market purchases and negotiated purchases, in each case at price per share not to exceed
$0.75. Shares repurchased by the Company pursuant to the share repurchase program shall be returned to the status of authorized but unissued
shares of Common Stock.
In connection with the foregoing, on June 14, 2023, the Company
entered into a limited consent (the “Limited Consent”), dated as of June 14, 2023, to that certain Facility Agreement,
dated as of August 9, 2022 (the “Facility Agreement”), by and among the Company, as borrower, certain of the Company’s
subsidiaries from time to time party thereto as guarantors and Deerfield Partners, L.P., as agent for itself and the lenders (collectively,
“Deerfield”). The Limited Consent permits the repurchase by the Company on or prior to June 16, 2023, of up to 5,000,000
shares of the Company’s Common Stock in one or more open market or negotiated purchases, in each case at price per share not to
exceed $0.75. The actual timing and amount of repurchases are subject to business and market conditions, corporate and regulatory requirements,
stock price, acquisition opportunities and other factors. The Limited Consent does not obligate the Company to repurchase any amount of
shares, and there can be no assurance that any shares will be repurchased. The Limited Consent also grants a one-time waiver under the
Facility Agreement of certain delivery of any notice requirements.
The foregoing description of the Limited Consent does not purport to
be complete and is qualified in its entirety by reference to the full text of the Limited Consent, a copy of which is attached hereto
as Exhibit 10.1 and incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(d) The following exhibits are being filed herewith:
SIGNATURES
Pursuant to the requirements of the Securities
Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly
authorized.
|
The Oncology Institute, Inc. |
|
|
|
Date: June 15, 2023 |
By: |
/s/ Mark Hueppelsheuser |
|
Name: |
Mark Hueppelsheuser |
|
Title: |
General Counsel |
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