Nyxoah Announces Closing of Offering and Partial Exercise of Option to Purchase Additional Shares

INSIDE INFORMATION
REGULATED INFORMATION

Nyxoah Announces Closing of Offering and Partial Exercise of
Option to Purchase Additional Shares

Mont-Saint-Guibert, Belgium – May 31, 2024, 8:00am CET / 2:00am ET – Nyxoah SA (Euronext Brussels/ Nasdaq: NYXH) (“Nyxoah” or the “Company”), a medical technology company focused on the development and commercialization of innovative solutions to treat Obstructive Sleep Apnea (OSA), today announced the closing of its previously announced underwritten public offering in the United States, which included shares sold in a private offering to certain qualified or institutional investors outside the United States, including within the European Union, in which 5,374,755 shares of its ordinary shares were sold at an offering price of $9.25 (EUR 8.54) per share, before underwriting discounts and commissions. This resulted in total gross proceeds, before deducting underwriting discounts and commissions and other offering expenses payable by Nyxoah, of approximately $50 million (EUR 45.9 million).

In addition, Nyxoah announced today that the underwriters of the Offering have exercised their option to purchase additional shares for 300,000 shares at the public offering price of $9.25 (EUR 8.54) per share, before underwriting discounts and commissions. This exercise will bring the total gross proceeds of the Offering to approximately $52.5 million (EUR 48.5 million) before deducting underwriting discounts and commissions and estimated offering expenses. The closing of the exercise of the option to purchase 300,000 additional shares is expected to occur on June 3, 2024, subject to the satisfaction of customary closing conditions.

Nyxoah intends to use the net proceeds from the proposed offering (i) for pre-commercialization and commercialization activities in the United States; (ii) to continue gathering clinical data and to support physician initiated clinical research projects related to OSA patient treatments; (iii) to further finance research and development activities related to the next generation of the Genio system and to continue to build a pipeline of new technologies and explore potential collaboration opportunities in the field of monitoring and diagnostics for OSA; and (iv) for other general corporate purposes, including, but not limited to, working capital, capital expenditures, investments, acquisitions, should the Company choose to pursue any, and collaborations.

Cantor Fitzgerald & Co. acted as the sole book-running manager for the offering. Degroof Petercam acted as a co-manager.

The public offering in the United States was made pursuant to an effective shelf registration statement on Form F-3 (File No. 333-268955) that was filed by Nyxoah with the U.S. Securities and Exchange Commission (the “SEC”) and became effective on January 6, 2023. Copies of the final prospectus supplement and the accompanying prospectus relating to and describing the terms of the offering are available on the SEC’s website at www.sec.gov. Copies of the final prospectus supplement and the accompanying prospectus may be obtained by contacting Cantor Fitzgerald & Co., Attention: Capital Markets, 110 East 59th Street, 6th Floor, New York, New York 10022; email: prospectus@cantor.com.

This press release shall not constitute an offer to sell or a solicitation of an offer to buy these securities, nor shall there be any sale of these securities in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction.

About Nyxoah
Nyxoah is a medical technology company focused on the development and commercialization of innovative solutions to treat OSA. Nyxoah’s lead solution is the Genio® system, a patient-centered, leadless and battery-free hypoglossal neurostimulation therapy for OSA, the world’s most common sleep disordered breathing condition that is associated with increased mortality risk and cardiovascular comorbidities. Nyxoah is driven by the vision that OSA patients should enjoy restful nights and feel enabled to live their life to its fullest.

Caution – CE marked since 2019. Investigational device in the United States. Limited by U.S. federal law to investigational use in the United States.

Forward-Looking Statements
This press release contains forward-looking statements, which are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. All statements that are not statements of historical facts are, or may be deemed to be, forward-looking statements. Such forward-looking statements may be identified by words such as “expects,” “potential,” “could,” or similar expressions that are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. Forward-looking statements include express or implied statements relating to, among other things, Nyxoah’s current expectations regarding the Genio® system; planned and ongoing clinical studies of the Genio® system; the potential advantages of the Genio® system; Nyxoah’s goals with respect to the development, regulatory pathway and potential use of the Genio® system; the utility of clinical data in potentially obtaining FDA approval of the Genio® system; the Company’s results of operations, financial condition, liquidity, performance, prospects, growth and strategies; and statements relating to the offering, including the expected closing, the anticipated proceeds from the offering and the use thereof. These statements are neither promises nor guarantees and are subject to a variety of risks and uncertainties, many of which are beyond Nyxoah’s control, which could cause actual results to differ materially from those contemplated in these forward-looking statements. In particular, these risks and uncertainties include, without limitation, risks relating to market conditions and the Company’s inability, or the inability of the underwriters, to satisfy the conditions for the closing of the offering. Given these uncertainties, the reader is advised not to place any undue reliance on such forward-looking statements. Other risks and uncertainties faced by Nyxoah include those identified under the heading “Risk Factors” in Nyxoah’s most recent Annual Report on Form 20-F filed with the SEC, as well as subsequent filings and reports filed with the SEC. The forward-looking statements contained in this press release reflect Nyxoah’s views as of the date hereof, and Nyxoah does not assume and specifically disclaims any obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as may be required by law.

Contact:
Nyxoah
David DeMartino, Chief Strategy Officer

IR@nyxoah.com

Attachment

GlobeNewswire Distribution ID 1000963842

EB5 Capital Receives I-956F Approvals for San Luis Obispo Marriott Hotels (JF31) and SouthFace Village at Okemo (JF36) Projects

WASHINGTON, May 30, 2024 (GLOBE NEWSWIRE) — EB5 Capital is pleased to report that its San Luis Obispo Marriott Hotels (JF31) project and SouthFace Village at Okemo (JF36) project were both approved by the United States Citizenship and Immigration Services (USCIS) in May 2024. Since the EB-5 Reform and Integrity Act of 2022 (RIA) was enacted, EB5 Capital has obtained Form I-956F project approvals across a total of nine EB-5 projects.

These Form I-956F approvals signify that USCIS, the government agency that oversees the EB-5 Immigrant Investor Program, has assessed, and verified the compliance of the EB-5 project. An I-956F project approval is also required prior to USCIS adjudicating individual I-526E petition approvals, the application for a foreign investor to secure conditional permanent residency in the United States.

“We are happy to see more of these project approvals come through, especially on our first rural deal in this post-RIA landscape,” said Brian Ostar, President of EB5 Capital. “SouthFace Village at Okemo is an exciting project, and we are confident its development is going to further enhance the local Okemo Mountain community and its year-round activities in central Vermont.”

SouthFace Village at Okemo (JF36) is a for-sale luxury ski-in and ski-out residential development on the southeast face of Okemo Mountain Resort in Ludlow, Vermont. As a rural Targeted Employment Area (TEA), this project qualifies for priority processing with USCIS. The recent Form I-956F project approval was granted within six months after the application was filed.

San Luis Obispo Marriott Hotels (JF31), the other EB5 Capital project recently approved by USCIS, is a four-story Marriott dual-branded Residence Inn and SpringHill Suites hotel in San Luis Obispo, California. The project is designated as a high unemployment TEA and was one of EB5 Capital’s first EB-5 raises under the new EB-5 legislation. Both JF36 and JF31 are currently under construction and are expected to generate over 1,300 jobs in total.

Now that both projects are approved with USCIS, EB5 Capital is looking forward to receiving individual I-526E petition approvals soon. The firm will continue to track the remainder of the construction process and support its investors with the completion of their immigration journey to the United States.

About EB5 Capital

EB5 Capital provides qualified foreign investors with opportunities to invest in job-creating commercial real estate projects under the United States Immigrant Investor Program (EB-5 Visa Program). Headquartered in Washington, DC, EB5 Capital’s distinguished track record and leadership in the industry has attracted investors from over 75 countries. As one of the oldest and most active Regional Center operators in the country, the firm has raised over $1 billion of foreign capital across approximately 40 EB-5 projects. 100% of our investors’ funds are protected by the Federal Deposit Insurance Corporation (FDIC) insurance prior to their deployment into our projects. Please visit www.eb5capital.com for more information.  

Contact:
Katherine Willis
Director, Marketing & Communications
media@eb5capital.com

GlobeNewswire Distribution ID 9146250

Training workshop on cybercrime in Sana’a


A training workshop on electronic crimes began in Sana’a.

At the opening, a member of the Supreme Court stressed the importance of the workshop, which the first of the activities of the Advanced Training Reference, as it carried out with the participation of an elite group of legal academics and specialists to reflect their legal expertise.

Source: Yemen News Agency

Jordan to Host Emergency Int’l Conference on Gaza Humanitarian Response, June 11

Amman: Jordan will host an emergency international conference on the urgent humanitarian response for Gaza on 11 June, co-organized by the Hashemite Kingdom of Jordan, the Arab Republic of Egypt, and the United Nations.

The “Call for Action: Urgent Humanitarian Response for Gaza” conference will be held at the invitation of His Majesty King Abdullah II, Egypt President Abdel Fattah El Sisi, and UN Secretary-General Ant?nio Guterres, at the level of heads of state and government, and heads of international humanitarian and relief organizations.

The conference, which will be held at the King Hussein bin Talal Convention Center at the Dead Sea, seeks to identify ways to bolster the international community’s response to the humanitarian catastrophe in the Gaza Strip.

In addition, the conference aims to outline effective measures and procedures, as well as operational and logistical needs for this purpose, while seeking commitment for a collective coordinated response to address the humanitarian situation in Ga
za.

The war in Gaza is causing extreme suffering for the entire population of over 2.3 million Palestinians across the Strip, with the threat of famine, widespread trauma, and unprecedented levels of destruction, as well as lack of access to food, water, shelter, or medicine.

Source: Jordan News Agency

Jordanians Protest Israeli Aggression in Gaza

Amman: Following Friday prayers, protests erupted across Amman and other regions of the Kingdom, standing in solidarity with Gaza against prolonged Israeli aggression.

Demonstrators held banners calling for an end to the Israeli aggression, more humanitarian aid, and the withdrawal of Israeli forces from Gaza.

Speeches during the marches lauded Jordan’s leadership, especially the efforts of His Majesty King Abdullah II, in advocating for Gaza and providing aid.

Protesters demanded an end to the atrocities committed against Palestinians and stressed the urgent need for unrestricted humanitarian access to Gaza.

Source: Jordan News Agency

ISTD Urges Adherence to National Invoicing System

Amman: The Director General of the Income and Sales Tax Department (ISTD), Hossam Abu Ali, urged all ministries, institutions, and public bodies to comply with a Finance Ministry circular mandating that public purchases of goods and services be sourced from entities registered with the national electronic invoicing system.

Abu Ali highlighted that the ISTD has facilitated a verification process for financial managers, procurement officials, and regulatory authorities across all public entities.

They can confirm the registration of companies, suppliers, and service providers through the link: https://es.istd.gov.jo/query/FawtraQuery.aspx.

The Finance Ministry’s directive aligns with the provisions of the Billing and Control Bylaw No. (34) of 2019 and its amendments, which require relevant entities to issue electronic invoices via the national system.

Source: Jordan News Agency