UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
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| Item 2.02 | Results of Operations and Financial Condition. |
On March 16, 2022, Athenex, Inc. (the “Company,” “we,” “our,” and “us”) issued a press release to report financial results for the quarter and year ended December 31, 2021. A copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K.
The information furnished pursuant to this Item 2.02, including Exhibit 99.1, shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities under such section and shall not be deemed to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Exchange Act.
| Item 8.01 | Other Events. |
In connection with the filing of a post-effective amendment to its Registration Statement on Form S-3 (File No. 333-241665), the Company is providing (i) its consolidated financial statements as of December 31, 2021 and 2020 and for the fiscal years ended December 31, 2021, 2020 and 2019, including the report of the Company’s independent registered public accounting firm, (ii) a revised description of its business, (iii) Management’s Discussion and Analysis and Results of Operations corresponding to the financial statements, and (iv) disclosure relating to its controls and procedures, in Exhibit 99.2.
| Item 9.01 | Financial Statements and Exhibits. |
| (d) | Exhibits |
| Exhibit |
Description | |
| 99.1 | Press release issued by the Company on March 16, 2022 | |
| 99.2 | Financial Statements of the Company as of December 31, 2021 and 2020 and for the fiscal years ended December 31, 2021, 2020, and 2019, Business Section, Management’s Discussion and Analysis of Financial Condition and Results of Operations, and Controls and Procedures Section | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) | |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| ATHENEX, INC. | ||||||
| Date: March 16, 2022 | /s/ Joe Annoni | |||||
| Name: | Joe Annoni | |||||
| Title: | Chief Financial Officer | |||||