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 8.01 Other Events.
On December 22, 2023, American Battery Technology Company (the “Company,” “we,” “us” or “our”) filed a prospectus supplement (“Prospectus Supplement”) related to the offer and sale from time to time of up to 5,000,000 shares (“Shares”) of our common stock, par value $0.001 per share (“Common Stock”). Sales of our Common Stock, if any, will be made directly by us at market prices, or to Tysadco Partners, LLC, a Delaware limited liability company, pursuant to the terms of a written sales agreement in substantially the form attached to the Prospectus Supplement as Annex A. The opinion of Holland & Hart LLP, the Company’s counsel, regarding the legality of the Shares that may be issued and sold pursuant to the Prospectus Supplement is filed herewith as Exhibit 5.1.
This Current Report on Form 8-K shall not constitute an offer to sell or the solicitation of an offer to buy the Shares discussed herein, nor shall there be any offer, solicitation, or sale of the Shares in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state.
Item 9.01. Financial Statements and Exhibits.
| (d) | Exhibits |
| Exhibit No. | Description | |
| 5.1 | Opinion of Holland & Hart LLP as to the legality of the Shares | |
| 23.1 | Consent of Holland & Hart LLP (included in Exhibit 5.1) | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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.
| AMERICAN BATTERY TECHNOLOGY COMPANY | ||
| Date: December 22, 2023 | By: | /s/ Ryan Melsert |
| Ryan Melsert | ||
| Chief Executive Officer | ||