Smith Micro Completes Concurrent Equity Offerings Raising $6.9 Million
October 03 2024 - 3:30PM
Business Wire
Founder and CEO Bill Smith Leads with $3.0
Million Investment
Smith Micro Software, Inc. (the “Company” or “Smith Micro”)
(NASDAQ: SMSI) today announced the completion of investments in
Company securities in two offerings: a registered offering with
certain institutional and accredited investors and an unregistered
offering with the Company’s chief executive officer. Both offerings
were priced based on the market value of the offered securities as
of the time of signing the purchase agreements, and the gross
proceeds of the two offerings is $6.9 million, including the
investment of $3.0 million made by the Company’s chief executive
officer.
Registered Offering
The Company has completed its offering of 3,321,881 registered
shares of its common stock (together with accompanying unregistered
warrants) at a price of $1.165 per share to certain institutional
and accredited investors pursuant to a definitive agreement with
the investors (the “Registered Offering”). The holders of the
warrants will be able to purchase up to an aggregate of 3,321,881
shares of the Company’s common stock at an exercise price of $1.04
per share. The warrants were issued to the investors in a private
placement and will become exercisable following the six-month
anniversary of the closing date for the Registered Offering
transaction and will expire on the date that is five and one-half
years after the closing date of the Registered Offering. The
Registered Offering resulted in gross proceeds to the Company of
approximately $3.87 million prior to transaction expenses.
Private Placement
Concurrently, the investment in Company securities by the
Company’s chief executive officer by means of a private placement
of 2,575,107 unregistered shares of the Company’s common stock
(together with unregistered warrants to purchase an equal number of
shares), at a purchase price of $1.165 per share, which represents
the market value of the securities as of the signing of the
definitive purchase agreement for the transaction (the “Private
Placement”) has been completed. Each warrant issued pursuant to the
Private Placement is exercisable for one share of common stock at
an exercise price of $1.04 per share. The warrants will become
exercisable six months after they are issued and will expire five
years thereafter; provided, however, that the warrants will not be
exercisable if such exercise would cause the holder’s ownership of
Company common stock to exceed 19.99%, unless and until the
transaction is approved by Company stockholders in accordance with
NASDAQ Listing Rule 5635(b).
The Private Placement resulted in gross proceeds to the Company
of approximately $3.0 million prior to transaction expenses.
Smith Micro intends to use the net proceeds from both the
Registered Offering and the Private Placement transaction for
working capital and general corporate purposes. Buchanan Ingersoll
& Rooney PC served as legal counsel to the Company.
A shelf registration statement on Form S-3, File No. 333-264667,
relating to the Registered Offering of the shares of common stock
described above was filed with the Securities and Exchange
Commission (“SEC”) and declared effective on May 12, 2022. A
prospectus supplement describing the terms of the Registered
Offering and the accompanying base prospectus have been filed with
the SEC and are available for free on the SEC’s website located at
http://www.sec.gov. The offering of the securities in the
Registered Offering may be made only by means of a prospectus.
Electronic copies of the prospectus supplement and the accompanying
prospectus relating to the offering, when available, may be
obtained by contacting: Smith Micro Software, Inc., 5800 Corporate
Drive, Pittsburgh, PA 15237 Attn: Investor Relations, telephone:
412-837-5300, or by email at ir@smithmicro.com.
The common stock issued in the Private Placement transaction and
the warrants for the Registered Offering and Private Placement
transaction were offered and sold in a transaction exempt from the
registration requirements of the Securities Act of 1933, as
amended, pursuant to the exemption for transactions by an issuer
not involving any public offering under Section 4(a)(2) of the
Securities Act and Rule 506 of Regulation D of the Securities Act
and in reliance on similar exemptions under applicable state laws.
Accordingly, the privately placed shares, all warrants and
underlying shares of common stock issuable upon exercise of the
warrants issued in both the Registered Offering and Private
Placement transaction may not be offered or sold in the United
States except pursuant to an effective registration statement or an
applicable exemption from the registration requirements of the Act
and such applicable state securities laws. The Company has agreed
to file a registration statement with the SEC registering the
resale of the shares of common stock issued in the Private
Placement transaction, and the shares of common stock issuable upon
exercise of the warrants issued in connection with the Registered
Offering and the Private Placement transaction.
This press release is not an offer to sell, or a solicitation of
an offer to buy, nor shall there be any sale of these securities in
any state or jurisdiction in which such an offer, solicitation, or
sale would be unlawful prior to registration or qualification under
the securities laws of any such state or jurisdiction.
About Smith Micro Software, Inc.
Smith Micro develops software to simplify and enhance the mobile
experience, providing solutions to some of the leading wireless
service providers around the world. From enabling the family
digital lifestyle to providing powerful voice messaging
capabilities, our solutions enrich today’s connected lifestyles
while creating new opportunities to engage consumers via
smartphones and consumer IoT devices. The Smith Micro portfolio
also includes a wide range of products for creating, sharing and
monetizing rich content, such as visual voice messaging, optimizing
retail content display and performing analytics on any product set.
For more information, visit www.smithmicro.com.
Forward-Looking Statements
Certain statements in this release are forward-looking
statements regarding future events or results, including statements
related to the Company’s market and other conditions; the ability
of the Company to satisfy all conditions precedent to the second
closing of the Private Placement; the ability of the Company to
satisfy its post-closing obligations in connection with the
offerings; the anticipated use of proceeds from the offerings; and
other statements using such words as “expect,” “anticipate,”
“believe,” “plan,” “intend,” “could,” “may,” “will” and other
similar expressions. Forward-looking statements involve risks and
uncertainties, which could cause actual results to differ
materially from those expressed or implied in the forward-looking
statements, including risks and uncertainties related to completion
of the Private Placement on the anticipated terms or at all; market
conditions, risks that the second closing of the Private Placement
may not occur, the satisfaction of offering-related contractual
post-closing obligations in connection with the offerings, and the
use of proceeds from the offerings. These and other factors
discussed in our filings with the Securities and Exchange
Commission, including our filings on Forms 10-K and 10-Q, could
cause actual results to differ materially from those expressed or
implied in any forward-looking statements. The forward-looking
statements contained in this release are made on the basis of the
views and assumptions of management, and we do not undertake any
obligation to update these statements to reflect events or
circumstances occurring after the date of this release.
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version on businesswire.com: https://www.businesswire.com/news/home/20241003532303/en/
PR/IR INQUIRIES: Charles Messman Investor Relations (949)
362-2306 IR@smithmicro.com
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