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ATOSSA THERAPEUTICS INC

For the period ended Dec 31, 2023. Filed Apr 1, 2024.

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A company's yearly report to the SEC, with audited financial statements. It is the fullest account a company gives of its business, its finances and the risks it sees.

FY2023 · Filed Apr 1, 2024

ATOS$2.13+0.5%Stored close · as of Nov 9, 2026

Extracted filing text, with the paragraph anchors used by the comparison.

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Signatures

Pursuant to the requirements Section 13 or 15(d) of the Securities Exchange Act of 1934, the Registrant, a corporation organized and existing under the laws of the State of Delaware, has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized in the City of Seattle, State of Washington, on April 1, 2024.

Atossa Therapeutics, Inc.
By:/s/ Steven C. Quay
Steven C. Quay, M.D., Ph.D.
Chairman, President and Chief Executive Officer

POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS, that each person whose signature appears below hereby constitutes and appoints Steven C. Quay and Heather Rees and each of them acting individually, as his or her true and lawful attorneys-in-fact and agents, each with full power of substitution, for him or her in any and all capacities, to sign any and all amendments to this Annual Report on Form 10-K and to file the same, with exhibits thereto and other documents in connection therewith, with the Securities and Exchange Commission, granting unto said attorneys-in-fact and agents, with full power of each to act alone, full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection therewith, as fully for all intents and purposes as he or she might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or his, her or their substitute or substitutes, may lawfully do or cause to be done by virtue hereof.

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, this Annual Report on Form 10-K has been signed by the following persons in the capacities and on the dates indicated.

SignatureOffice(s)Date
/s/ Steven C. QuayChairman, President and Chief ExecutiveApril 1, 2024
Steven C. Quay, M.D., Ph.D.Officer
(Principal Executive Officer)
/s/ Heather ReesSenior Vice President, Finance and AccountingApril 1, 2024
Heather Rees(Principal Financial and
Accounting Officer)
/s/ Richard I. SteinhartDirectorApril 1, 2024
Richard I. Steinhart
/s/ Shu-Chih ChenDirectorApril 1, 2024
Shu-Chih Chen, Ph.D.
/s/ Jonathan FinnDirectorApril 1, 2024
Jonathan Finn
/s/ Stephen J. GalliDirectorApril 1, 2024
Stephen J. Galli, M.D.
/s/ H. Lawrence RemmelDirectorApril 1, 2024
H. Lawrence Remmel
/s/ Tessa CiglerDirectorApril 1, 2024
Tessa Cigler, M.D., M.P.H.

EXHIBIT INDEX

Incorporated by Reference Herein or Filed or Furnished Herewith
ExhibitNo.DescriptionFormDate
3.1Amended and Restated Certificate of IncorporationAmendment No. 3 to Registration Statement on Form S-1, as Exhibit 3.2June 11, 2012
3.2Certificate of Amendment to Amended and Restated Certificate of IncorporationCurrent Report on Form 8-K, as Exhibit 4.1August 26, 2016
3.3Certificate of Amendment to Amended and Restated Certificate of IncorporationCurrent Report on Form 8-K, as Exhibit 4.1April 23, 2018
3.4Certificate of Amendment to Amended and Restated Certificate of IncorporationCurrent Report on Form 8-K, as Exhibit 3.1January 7, 2020
3.5Amended and Restated BylawsCurrent Report on Form 8-K, as Exhibit 3.2April 26, 2023
3.6Certificate of Designation Preferences, and Rights of Series A Junior Participating Preferred StockCurrent Report on Form 8-K, as Exhibit 3.1May 22, 2014
3.7Certificate of Designation of Preferences, Rights and Limitations of Series A Convertible Preferred StockQuarterly Report on Form 10-Q, as Exhibit 3.1May 11, 2017
3.8Certificate of Designation of Preferences, Rights and Limitations of Series B Convertible Preferred StockCurrent Report on Form 8-K, as Exhibit 3.1May 31, 2018
3.9Certificate of Designation of Preferences, Rights and Limitations of Series C Convertible Preferred StockCurrent Report on Form 8-K, as Exhibit 3.1December 14, 2020
4.1Specimen Common Stock CertificateAmendment No. 2 to Registration Statement on Form S-1, as Exhibit 4.1May 21, 2012
4.2Form of WarrantAmendment No. 1 to Registration Statement on Form S-1 as Exhibit 4.3April 23, 2018
4.3Form of WarrantCurrent Report on Form 8-K, as Exhibit 4.1December 14, 2020
4.4Form of WarrantCurrent Report on Form 8-K, as Exhibit 4.1December 21, 2020
4.5Form of WarrantCurrent Report on Form 8-K, as Exhibit 4.1January 8, 2021
4.6Form of WarrantCurrent Report on Form 8-K, as Exhibit 4.1March 23, 2021
4.7Form of Senior IndentureRegistration Statement on Form S-3, as Exhibit 4.1September 2, 2020
4.8Description of Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934Annual Report on Form 10-K, as Exhibit 4.16March 26, 2020
10.1#Restated and Amended Employment Agreement with Steven Quay dated September 27, 2010Registration Statement on Form S-1, as Exhibit 10.3February 14, 2012
10.2#Amended and Restated Employment Agreement with Kyle Guse dated May 18, 2016Current Report on Form 8-K, as Exhibit 10.1May 20, 2016
10.4#2010 Stock Option and incentive Plan, as amendedCurrent Report on Form 8-K, as Exhibit 4.2January 15, 2019
10.5#Form of Non-Qualified Stock Option Agreement for EmployeesAmendment No. 3 to Registration Statement on Form S-1, as Exhibit 10.8June 11, 2012
10.6#Form of Non-Qualified Stock Option Agreement for Non-Employee DirectorsAmendment No. 3 to Registration Statement on Form S-1, as Exhibit 10.9June 11, 2012
10.7#Form of Restricted Stock Award AgreementAmendment No.3 Registration Statement on Form S-1, as Exhibit 10.13June 11, 2012
10.8#Form of 2019 Option Award AgreementCurrent Report on Form 8-K, as Exhibit 4.1January 15, 2019
10.9#2020 Stock Incentive Plan, as amendedRegistration Statement on Form S-8, as Exhibit 99.1March 31, 2021
10.10#Form of ISO Option Award AgreementQuarterly Report on Form 10-Q, as Exhibit 4.1May 13, 2020
10.11#Form of Option Award AgreementCurrent Report on Form 8-K, as Exhibit 4.1April 13, 2020
10.12#Employment Agreement with Greg Weaver Dated June 1, 2023Filed herewith
10.13#†Employment Letter with Heather Rees Dated October 6, 2023Filed herewith
16.1Letter from BDO USA, LLP, dated May 22, 2023Current Report on Form 8-K, as Exhibit 16.1May 22, 2023
21.1List of SubsidiariesFiled herewith
23.1Consent of Ernst & Young, LLPFiled herewith
23.2Consent of BDO USA, P.C.Filed herewith
31.1Certification of Chief Executive Officer Pursuant to Section 302 of the Sarbanes-Oxley ActFiled herewith
31.2Certification Chief Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley ActFiled herewith
32.1Certification of Chief Executive Officer Pursuant to Section 906 of the Sarbanes-Oxley ActFurnished herewith
32.2Certification of Chief Financial Officer Pursuant to Section 906 of the Sarbanes-Oxley ActFurnished herewith
97.1Incentive Compensation Clawback PolicyFiled herewith
101.INSInline XBRL Instance Document
101.SCHInline XBRL Taxonomy Extension Schema Document With Embedded Linkbase Documents
104Cover Page Interactive Data File (embedded within the Inline XBRL and contained in Exhibit 101)
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