AIM ImmunoTech Inc.
Items (2)
Item 1.01 Entry into a Material Definitive Agreement. On April 10, 2026, AIM ImmunoTech Inc. (the “ Company”) entered into Amendment No. 1 (the “ Amendment”) to that certain Equity Distribution Agreement dated April 1, 2025 (the “ Sales Agreement”) with Maxim Group LLC (“ Maxim”) to act as the Company’s exclusive sales agent with respect to the issuance and sale of up to $3,000,000 of the Company’s shares of common stock, par value $0.001 per share (the “ Shares”), from time to time, in an at-the-market public offering (the “ Offering”). The Amendment removes the limitation of the amount of Shares to be sold under the Sales Agreement. The Shares will be sold and issued pursuant the Company’s shelf registration statement on Form S-3 (File No. 333-286319), which was previously declared effective by the Securities and Exchange Commission, and a related prospectus, as supplemented. The Company is simultaneously herewith filing a supplement to the prospectus supplement with the Securities and Exchange Commission to increase the number of Shares that may be offered and sold in the Offering.
Item 9.01 Financial Statements and Exhibits. Exhibit Description No. 3.1 Amendment to Equity Distribution Agreement dated April 10, 2026 ──────────────────────────────────────────────────────────────────────────────────────────── 5.1 Opinion of Thompson Hine LLP 23.1 Consent of Thompson Hine LLP (included in the opinion filed as Exhibit 5.1) 104 Cover 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. AIM Dated: /s/ Thomas