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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): October 10, 2023
BIOAFFINITY TECHNOLOGIES, INC.
(Exact name of registrant as specified in its charter)
| Delaware | 001-41463 | 46-5211056 | ||
|
(State or other jurisdiction of incorporation) |
(Commission File Number) |
(I.R.S. Employer Identification Number) |
22211 W Interstate 10
Suite 1206
San Antonio, Texas 78257
(210) 698-5334
(Address of principal executive offices and 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 (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)) |
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 ☒
| Title of each class | Trading Symbol(s) | Name of each exchange on which registered | ||
| Common Stock, par value $0.007 per share | BIAF | The Nasdaq Stock Market LLC | ||
| Tradeable Warrants to purchase Common Stock | BIAFW | The Nasdaq Stock Market LLC |
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 7.01. Regulation FD Disclosure.
bioAffinity Technologies, Inc., a Delaware corporation (the “Company”), will be making several presentations to investors over the next several weeks. In connection with the presentations, the Company intends to discuss the investor presentation, which is furnished as Exhibit 99.1 to this Current Report on Form 8-K.
The information in this Item 7.01, in the investor presentation furnished as Exhibit 99.1 and in the press release furnished as Exhibit 99.2 to this Current Report on Form 8-K shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section or Sections 11 and 12(a)(2) of the Securities Act of 1933, as amended, and shall not be incorporated by reference into any filing with the U.S. Securities and Exchange Commission made by the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
The Company’s investor presentation furnished as Exhibit 99.1 to this Current Report on Form 8-K includes “safe harbor” language pursuant to the Private Securities Litigation Reform Act of 1995, as amended, indicating that certain statements contained therein are “forward-looking” rather than historical.
On October 10, 2023, the Company issued a press release regarding the investor presentation and an upcoming conference at which the Company intends to present such presentation. A copy of the press release is attached as Exhibit 99.2 to this Current Report on Form 8-K.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
The following exhibits are furnished with this Current Report on Form 8-K:
|
Exhibit Number |
Exhibit Description | |
| 99.1 | Investor Presentation of bioAffinity Technologies, Inc. dated October 2023 | |
| 99.2 | Press release dated October 10, 2023 | |
| 104 | Cover Page Interactive Data File (the cover page XBRL tags are embedded within in 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.
| BIOAFFINITY TECHNOLOGIES, INC. | ||
| By: | /s/ Maria Zannes | |
| Maria Zannes | ||
| President and Chief Executive Officer | ||
Dated: October 10, 2023
Exhibit 99.1
Exhibit 99.2
|
|
bioAffinity
Technologies to Present at the 8th Annual
Dawson James Small Cap Growth Conference
CEO Maria Zannes to hold one-on-one investor meetings and present a corporate update highlighting commercial strategy
SAN ANTONIO, Texas (Oct. 10, 2023) – bioAffinity Technologies, Inc. (Nasdaq: BIAF; BIAFW), a biotechnology company addressing the need for noninvasive detection of early-stage lung cancer, today announced that Maria Zannes, President and CEO, will be participating in the 8th Annual Dawson James Small Cap Growth Conference being held on Thursday, Oct. 12, 2023, in Jupiter, Florida.
Ms. Zannes is scheduled to present a company overview at 9:30 a.m. ET in Track One-Preserve Ballroom C at the Wyndham Grand Jupiter at Harbourside Place. She will also be holding one-on-one meetings with prospective investors throughout the day.
On September 19, bioAffinity Technologies announced the acquisition of the clinical laboratory that helped develop and licensed CyPath® Lung, a noninvasive test for the early detection of lung cancer currently available as a laboratory developed test (LTD). The acquired laboratory assets are now known as Precision Pathology Laboratory Services, LLC.
“Our in-depth marketing research for CyPath® Lung has shown that physicians are enthusiastic about using our test. Our market research has equipped us with a well-documented commercial growth strategy that I look forward to sharing at the Dawson James conference,” Ms. Zannes said. “Our recent acquisition of Precision Pathology Laboratory Services strengthens our commercial potential with a large and growing base of physician customers. The acquisition also boosts our R&D capabilities for additional tests under development. We believe bioAffinity will be able to build on the success of CyPath® Lung to become a leader in diagnostics.”
| Event: | 8th Annual Dawson James Small Cap Growth Conference |
| Date: | Thursday, October 12, 2023 |
| Time: | 9:30 a.m. Eastern Time |
| Location: | Track One-Preserve Ballroom C, Wyndham Grand Jupiter at Harbourside Place |
| Webcast: | https://wsw.com/webcast/dawson8/biaf/1990152 |
A webcast of the presentation will be live and archived on the News & Events section of the company website.
About Dawson James Securities, Inc.
Dawson James Securities specializes in capital raising for small and microcap public and private growth companies primarily in the Life Science/Health Care, Technology, Clean Tech and Consumer sectors. We are a full-service investment banking firm with research, institutional and retail sales, and execution trading and corporate services. By investing the time required to completely understand your business, we can provide an appropriate capital transaction structure and strategy including direct investment through our independent fund. Our team will assist in crafting your vision and shaping your message for the capital markets. Headquartered in Boca Raton, Florida, Dawson James is privately held with offices in New York, Maryland and New Jersey. www.dawsonjames.com
About bioAffinity Technologies, Inc.
bioAffinity Technologies, Inc. addresses the need for noninvasive diagnosis of early-stage cancer and diseases of the lung, and targeted cancer treatment. The Company’s first product, CyPath® Lung, is a noninvasive test that has shown high sensitivity and specificity for the detection of early-stage lung cancer. OncoSelect® Therapeutics, LLC, a subsidiary of bioAffinity Technologies, is advancing its discoveries shown in vitro to kill cancer cells without harm to normal cells. Research and optimization of the Company’s platform technologies are conducted in its laboratories at The University of Texas at San Antonio. For more information, visit www.bioaffinitytech.com.
Forward-Looking Statements
This press release contains certain forward-looking statements within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These statements are identified by the use of the words “could,” “believe,” “anticipate,” “intend,” “estimate,” “expect,” “may,” “continue,” “predict,” “potential,” “project” and similar expressions that are intended to identify forward-looking statements and include statements regarding bioAffinity being able to build on the success of CyPath® Lung to become a leader in diagnostics. These forward-looking statements are based on management’s expectations and assumptions as of the date of this press release and are subject to a number of risks and uncertainties, many of which are difficult to predict, that could cause actual results to differ materially from current expectations and assumptions from those set forth or implied by any forward-looking statements. Important factors that could cause actual results to differ materially from current expectations include, among others, the Company’s ability to successfully integrate the pathology laboratory acquisition and increase revenue, the Company’s ability to pursue the development and support the commercialization of its CyPath® Lung test, the Company’s ability to build near and longer-term value for its Company’s shareholders and the risk factors described in the Company’s Annual Report on Form 10-K for the year ended December 31, 2022, the Company’s Quarterly Reports on Form 10-Q, the Company’s Current Reports on Form 8-K and subsequent filings filed with the Securities and Exchange Commission. The information in this release is provided only as of the date of this release, and the Company undertakes no obligation to update or revise publicly any forward-looking statements, whether as a result of new information, future events or otherwise, after the date on which the statements are made or to reflect the occurrence of unanticipated events, except as required by law.
Contacts:
bioAffinity Technologies
Julie Anne Overton
Director of Communications
jao@bioaffinitytech.com
LHA Investor Relations
Tirth T. Patel
tpatel@lhai.com
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