SEC Filings

424B5
AVEXIS, INC. filed this Form 424B5 on 01/18/2018
Entire Document
 

Table of Contents


UNDERWRITING

          The company and the underwriters named below have entered into an underwriting agreement with respect to the shares being offered. Subject to certain conditions, each underwriter has severally agreed to purchase the number of shares indicated in the following table. Goldman Sachs & Co. LLC, Jefferies LLC and Merrill Lynch, Pierce, Fenner & Smith Incorporated are acting as the representatives of the underwriters.

Underwriters
   
Number
of Shares
 

Goldman Sachs & Co. LLC

    1,647,072  

Jefferies LLC

    1,019,616  

Merrill Lynch, Pierce, Fenner & Smith
                 Incorporated

    980,400  

BMO Capital Markets Corp. 

    274,512  

Total

    3,921,600  

          The underwriters are committed to take and pay for all of the shares being offered by the company, if any are taken, other than the shares covered by the option described below unless and until this option is exercised.

          The underwriters have an option to buy up to 588,240 additional shares from the company. They may exercise that option for 30 days. If any shares are purchased pursuant to this option, the underwriters will severally purchase shares in approximately the same proportion as set forth in the table above.

          The following table shows the per share and total underwriting discounts and commissions to be paid to the underwriters by the company. Such amounts are shown assuming both no exercise and full exercise of the underwriters' option to purchase up to 588,240 additional shares.

Paid by the Company
   
No Exercise
   
Full Exercise
 

Per Share

  $ 6.12   $ 6.12  

Total

  $ 24,000,192   $ 27,600,221  

          Shares sold by the underwriters to the public will initially be offered at the public offering price set forth on the cover of this prospectus supplement. Any shares sold by the underwriters to securities dealers may be sold at a discount of up to $3.67 per share from the public offering price. After the initial offering of the shares, the representatives may change the offering price and the other selling terms. The offering of the shares by the underwriters is subject to receipt and acceptance and subject to the underwriters' right to reject any order in whole or in part.

          The company and its officers, directors, and certain of the company's stockholders have agreed with the underwriters, subject to certain exceptions, not to dispose of or hedge any of their common stock or securities convertible into or exchangeable for shares of common stock during the period from the date of this prospectus supplement continuing through the date that is 90 days after the date of this prospectus supplement, except with the prior written consent of the representatives.

          Our common stock is listed on The Nasdaq Global Select Market under the symbol "AVXS".

          In connection with the offering, the underwriters may purchase and sell shares of common stock in the open market. These transactions may include short sales, stabilizing transactions and purchases to cover positions created by short sales. Short sales involve the sale by the underwriters of a greater number of shares than they are required to purchase in the offering, and a

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