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):  May 18, 2012

 


Echo Therapeutics, Inc.

 (Exact name of Company as specified in its charter)

 


 

 

 

 

 

 

Delaware

 

000-23017

 

41-1649949

(State or other jurisdiction

of Incorporation)

 

(Commission File Number)

 

(I.R.S. Employer

Identification No.)

 

 

8Penn Center

1628 JFK Blvd., Suite 300

Philadelphia, PA

 



19103

(Address of principal executive offices)

 

(Zip Code)


Companys telephone number, including area code: (215) 717-4100

 


 (Former name or former address, if changed since last report)

 



Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the Company under any of the following provisions (see General Instruction A.2. below):

 

¨

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))

 






Item 1.02.   Termination of a Material Definitive Agreement.


In response to shareholder feedback and concerns, on May 18, 2012, the Company notified MLV & Co. LLC (MLV) that it was terminating the At Market Issuance Sales Agreement (the Sales Agreement) between the Company and MLV dated as of May 9, 2012.  The termination is effective as of May 28, 2012.  No shares were sold under the Sales Agreement and the Company does not intend to sell any shares under the Sales Agreement prior to the termination date.






SIGNATURES

 

              Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

                                                                                   



ECHO THERAPEUTICS, INC.



Dated: May 21, 2012

By:  /s/  Patrick T. Mooney       

 

Patrick T. Mooney

 


President and Chief Executive Officer