CleanSpark, Inc., a Nevada-based company, has amended its At the Market Offering Agreement (ATM Agreement) with H.C. Wainwright & Co., LLC, as reported in a Form 8-K filed with the SEC on March 28, 2024. The amendment allows CleanSpark to potentially issue and sell additional shares of its common stock, with the total offering capped at $800 million, excluding shares previously sold under the original agreement, or the number of authorized but unissued shares. The shares will be sold pursuant to a prospectus supplement filed on the same date. The Agent will sell the shares at market prices or as agreed upon, without any obligation to purchase the shares on a principal basis, except as separately agreed in writing. CleanSpark is not...Show More

CleanSpark, Inc., a Nevada-based company, has amended its At the Market Offering Agreement (ATM Agreement) with H.C. Wainwright & Co., LLC, as reported in a Form 8-K filed with the SEC on March 28, 2024. The amendment allows CleanSpark to potentially issue and sell additional shares of its common stock, with the total offering capped at $800 million, excluding shares previously sold under the original agreement, or the number of authorized but unissued shares. The shares will be sold pursuant to a prospectus supplement filed on the same date. The Agent will sell the shares at market prices or as agreed upon, without any obligation to purchase the shares on a principal basis, except as separately agreed in writing. CleanSpark is not obligated to sell any shares and may suspend or terminate the offering at any time. The company has provided customary indemnification rights to the Agent, who will receive a commission of up to 3.0% of the gross sales price of any shares sold. The ATM Agreement includes customary representations, warranties, and covenants by CleanSpark, as well as indemnification obligations and termination provisions. The details of the amendment are fully described in the attached Exhibit 1.1 to the Current Report.