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

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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

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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

UAE Ambassador visits Gulf Radio & Television Festival in Bahrain

MANAMA: Fahd Mohamed Al Amri, the UAE Ambassador to the Kingdom of Bahrain, visited the UAE Pavilion at the Gulf Radio and Television Festival, hosted by Manama.

During the visit, the UAE diplomat was briefed by Mohammed Saeed Al Shehhi, Secretary-General of UAE Media Council, on the participation of the UAE media institutions in the event, including their most prominent television and radio productions, and the key opportunities available in the UAE media sector.

Al Shehhi stressed the UAE’s commitment to supporting the progress of Arab media and strengthening cooperation and joint efforts to develop a more efficient and impactful Arab media system based on advanced strategies that keep pace with the rapid changes in the sector and contribute to driving all aspects of sustainable development.

He commended the Kingdom of Bahrain for hosting the Gulf Radio and Television Festival, highlighting the significant opportunities the event has created to strengthen cooperation and partnerships among various Gu
lf and Arab media institutions.

Highlighting the UAE Media Council’s participation in the festival, the ambassador emphasised the Council’s significant role in supporting and developing the UAE media industry in line with the vision of the wise leadership in this regard.

He lauded the significant television and radio productions presented by the UAE media institutions at the festival and extended his congratulations on the UAE’s achievements, culminating in winning 17 of the festival’s awards.

Source: Emirates 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

UAE bags 17 diverse awards at 16th edition of GCC Radio & Television Festival

MANAMA: The UAE media institutions participating in the 16th edition of the GCC Radio and Television Festival, which concluded yesterday in Manama, won 17 diverse awards. Additionally, three pioneers of Emirati media were honoured: Hessa Al Ossaily; Mohamed Najib; and Ahmed Saeed Al Mansouri.

The UAE participated in the festival through the UAE Media Pavilion, organised by the UAE Media Council. The pavilion highlighted the efforts of UAE media institutions in providing modern interactive content that combines creativity, authenticity, and credibility, reaching all segments of society.

The UAE Media pavilion at the 16th GCC Radio and Television Festival received a significant turnout from officials, media professionals, and the general public. Visitors were impressed by the diversity and innovation showcased by the UAE media institutions, reflecting the sector’s remarkable progress and its ability to produce creative content that enriches the local and Arab media landscape.

Sheikh Abdulla bin Mohammed bin
Butti Al Hamed, Chairman of the National Media Office (NMO) and Chairman of the UAE Media Council, expressed his pride and appreciation for this Emirati media achievement, which confirms the UAE’s leading position in the media industry at both the Gulf and Arab levels.

“The UAE’s media achievements are a testament to the foresighted vision of its leadership, coupled with meticulous planning, diligent execution, and a commitment to continuous learning. By leveraging past successes and fostering a culture of innovation, Emirati media has demonstrably positioned itself for continued excellence,” Sheikh Abdulla said.

He explained that the UAE’s media landscape is characterised by a proactive approach to success. ‘We don’t wait for opportunities to arise; we actively identify and capitalise on them. Through strategic investments in talent, fostering exceptional abilities, and attracting inspiring individuals, we cultivate a dynamic environment that fosters creativity. The success story of Emirati media is a comp
elling narrative of vision, meticulous planning, rigorous evaluation, unwavering perseverance, and a commitment to continuous adaptation and learning. However, the cornerstone of our achievements lies in the power of collaboration – through teamwork, we achieve remarkable feats.’

Sheikh Abdulla added: “This remarkable achievement by the UAE media at the GCC Radio and Television Festival reflects the leadership’s vision for a world-class media sector in the UAE.”

He commended the inspiring model presented by UAE Media in developing the media sector and providing creative and innovative content that keeps pace with global developments, stemming from an ambitious strategic vision aimed at leading the media sector and creating an enabling, developed, and attractive environment that reflects the values and principles of the UAE.

“We believe that investing in national cadres, providing a stimulating environment for creativity, and equipping them with the skills and expertise to ensure a thriving and sustainable
media industry is the foundation for media excellence. We will continue to work on developing our strategies and programmes to ensure the sustainability of this success and achieve more achievements in the future.”

He concluded by saying that UAE Media’s presence at these events facilitates the establishment of robust partnerships with leading media institutions worldwide, fostering cross-cultural understanding and the exchange of best practices in terms of content creation and production of TV and Radio programmes.

The Festival witnessed a remarkable turnout, with over 360 entries submitted by media institutions across the Gulf and Arab regions. Among these entries, 80 were dramatic works with a combined production cost of AED800 million.

Participants competed in 46 award categories spanning television and radio programmes, dramas, and digital media. Abu Dhabi Media Network secured eight awards across various categories while Dubai Media Incorporated garnered nine awards.

The Festival also honoured thr
ee luminaries from the UAE’s media landscape: Ahmed Saeed Al Mansouri for his contributions to television; veteran radio broadcaster Hessa Al Ossaily; and esteemed sports journalist Mohamed Najib. These individuals have played pivotal roles in shaping the Emirati media scene.

The Gulf Radio and Television Festival serves as a crucial platform for fostering knowledge exchange and collaboration among media institutions in the region. The 16th edition witnessed significant advancements in the judging process, adopting a sophisticated electronic system to evaluate entries, with participation from experienced judges from the Gulf and Arab countries.

Source: Emirates News Agency

UAE field hospital in Gaza continues providing medical services to patients

GAZA: The Emirati field hospital in the Gaza Strip continues to provide its medical services without interruption to Gaza’s residents amidst the dire circumstances that the Palestinian people are experiencing, especially in the city of Rafah.

Dr. Saif Al Mehrzi, an orthopaedic surgery consultant at the UAE hospital in Rafah, explained that the field hospital, which is part of Operation Chivalrous Knight 3, continues to receive the injured, particularly children, women, and those with chronic illnesses.

He noted that the medical team has carried out several operations including a metal implant removal, and an endoscopy on an inflamed wound for a patient suffering from war-caused fractures, which helped save his limbs from amputation. The patient, Dr. Al Mehrzi explained, had been suffering from complications since undergoing surgery last October.

He affirmed that surgeries are being conducted daily to alleviate the suffering of the Palestinian people.

Source: Emirates News Agency

Muslim Council of Elders concludes second edition of Azadi Fellowship Programme in Pakistan

ABU DHABI: The Muslim Council of Elders concluded the second edition of the Azadi Fellowship Programme in Islamabad, Pakistan, graduating 25 young men and women from various religious sects and beliefs.

Participants completed a specialised training plan that included a series of discussion and dialogue sessions led by a distinguished group of speakers from around the world, including the United States of America, France, the United Kingdom, Al-Azhar University in Egypt, Romania, Indonesia, and Pakistan.

Sessions focused on empowering and equipping the participants to play an active and influential role in their communities and globally, to promote values of dialogue and communication between different religions and cultures, spread the values of tolerance and human fraternity, address global peacebuilding challenges, and counter hate speech, extremism, and discrimination.

The programme, organised by the council over a period of two weeks and was held in collaboration with the International Research Council
for Religious Affairs (IRCRA), the Islamic Research Institute at the International Islamic University, the Khyber Pakhtunkhwa Centre of Excellence on Countering Violent Extremism (KPCECVE), and the Resala organization in Pakistan. It also included 100 religious leaders and figures, alongside numerous officials, politicians, thinkers, intellectuals, academics, and peacebuilding experts from 15 different regions within Pakistan, representing various religions and speaking five different languages.

Participants praised the pioneering efforts of the Muslim Council of Elders, under the chairmanship of His Eminence Dr. Ahmed Al-Tayeb, the Grand Imam of Al-Azhar, in promoting the values of human fraternity, tolerance, and coexistence, and in building bridges of communication and dialogue between different religions. They expressed their commitment to enhancing the national narrative of social harmony, acting as ambassadors of coexistence and peace, and spreading the message of the Document on Human Fraternity withi
n their communities.

The Azadi Fellowship Programme also included a series of important visits to several prominent research centers and cultural and heritage sites in Islamabad, Pakistan. Such visits aimed to introduce program participants to the best practices in the field of peacebuilding and to promote tolerance, coexistence, and religious and cultural pluralism.

Source: Emirates News Agency

UAE-China Business and Investment Forum explores prospects for boosting trade, investment partnership

BEIJING: Dr. Thani bin Ahmed Al Zeyoudi, Minister of State for Foreign Trade, held constructive talks with the Commerce Minister of the People’s Republic of China, Wang Wentao, over high-growth sectors on the closing day of the UAE-China Business and Investment Forum, which took place during the two-day state visit by President His Highness Sheikh Mohamed bin Zayed Al Nahyan to the People’s Republic of China.

The ministers discussed prospects for stimulating growth in bilateral and mutual trade and investment, in addition to new horizons and areas available for investment in high-growth sectors.

Mohamed Hassan Alsuwaidi, Minister of Investment, Dr. Thani bin Ahmed Al Zeyoudi, and Ling Ji, Vice Minister of Commerce, addressed the event.

During the forum, 12 agreements and memorandums of understanding were signed and exchanged between Emirati and Chinese companies and entities in a wide range of priority areas such as aluminium, communications, iron and steel, financial services, aviation, free zones, indust
ry, and others.

Alsuwaidi highlighted China’s growing investments in the UAE, which rose 16 percent in 2023 to US$1.3 billion, accounting for 60 percent of the total value of China’s investments in Arab countries.

Meanwhile, Dr. Al Zeyoudi said that UAE-China non-oil trade value, which reached $81 billion in 2023, is expected to surpass $200 billion by 2023.

More than 70 participants participated in the forum from the Emirati side, including senior government officials from federal and local entities, in addition to representatives of a number of major Emirati companies operating in various sectors, including logistics services, industry, energy, technology, health care, environment, agriculture, food security, and financial services.

Discussions during the forum included exploring promising opportunities in sectors expected to achieve significant growth, with a particular focus on information and communications technology, manufacturing, financial services, logistics, and energy.

The forum was held as p
art of the agenda of events organised to mark the 40th anniversary of the establishment of diplomatic relations between China and the UAE.

Source: Emirates News Agency

UN Security Council extends UNAMI mandate until ’25

The Security Council adopted unanimously on Friday a resolution extending the mandate of the United Nations Assistance Mission for Iraq (UNAMI) for a final 19-month term until December 31, 2025.

Aligning with an official request from Iraq’s government, the mission will cease all work and operations it tasked with, within the framework of the above-mentioned period, except for the remaining activities to liquidate the mission.

The Council appealed to UN Secretary General Antonio Guterres to consult with the Iraqi government about making a plan to hand over the tasks and complete the mission’s liquidation by 2024.

It further urged Guterres to rationalize the tasks assigned to the mission to provide advice and support to prepare for the federal elections in order to ensure holding free and fair elections.

These tasks also contain offering facilities to find a final solution to the pending issues between Iraq and Kuwait, enhancing development and humanitarian tasks, including the return of displaced persons,
and boosting the country’s ability to provide basic civil and social services.

The Security Council called on Iraq’s government to collaborate with the UN in transferring and liquidating gradually the mission’s tasks.

It lauded the government’s efforts to resolve the country’s internal issues and make progress for further achievements in its program of work.

Source: Kuwait News Agency

Abu Dhabi ban on some Styrofoam products comes into effect on 1st June

ABU DHABI: The Environment Agency – Abu Dhabi (EAD) announced that the ban on some Styrofoam products comes into effect (1st June). Introduced by the Agency, the ban is part of the larger Abu Dhabi Single-Use Plastic Policy, which aims to reduce the reliance on single-use products that are harmful to the environment.

The list of banned products includes cups, lids, plates, and beverage containers made of expanded polystyrene. Similarly, food container vessels for products that are intended for immediate consumption, either on the spot or for takeaway, and containers that have a product that is typically consumed from the receptacle and is ready to be consumed without any further preparation such as cooking, boiling, or heating, will also be prohibited.

The products exempt from the ban include those not designed for single-consumer use, such as large storage boxes and coolers, and trays used for meat, fruit, ready-made dairy products, and other food items for retail sale. Additionally, all other products des
igned for medical uses are also exempted.

Dr. Shaikha Salem Al Dhaheri, Secretary General of EAD, stated, ‘Today, the Abu Dhabi ban on some Styrofoam products came into effect. Inspired by the success of the ban on single-use plastic bags, we expect to see emirate-wide compliance and collaboration from our stakeholders in the government and private sector, as we know that by working together we will witness the best results. I also expect the community to play a critical role in ensuring the ban is a success.’

She elaborated, ‘Our greater goal is to reduce harmful microplastics from entering the food chain, which can have detrimental effects on human health, biodiversity, and our natural ecosystems. We want the future generations to inherit a bountiful environment filled with all types of species so that they can live in proximity to nature as part of a fruitful lifestyle.’

She added, ‘We have been very selective in choosing which Styrofoam products will be banned to facilitate business continuity and comf
ort for consumers. All the products that are prohibited have accessible alternatives.’

To ensure providing best possible conditions for doing business and preserving the environment, the Abu Dhabi Department of Economic Development (ADDED) is supporting EAD’s move by raising awareness among commercial outlets and industrial facilities in the Emirate to comply with the single-use plastic policy.

ADDED has shared the circular on Styrofoam ban with more than 50,000 commercial establishments and 80 industrial facilities involved in plastic manufacturing. ADDED is set to conduct field inspection campaigns on sales outlets and industrial establishments to ensure the implementation of the ban across Abu Dhabi according to a specified timetable.

The Agency announced the Abu Dhabi Single-Use Plastic Policy in 2020 and, in 2022, issued a ban on single-use plastic bags in partnership with retailers. In 2023, EAD, in collaboration with the government and private sector, introduced Reverse Vending Machines for single-u
se plastic bottles to nurture a culture of recycling. The Agency also worked closely with Abu Dhabi Government Entities to establish a government that is free of single-use plastic items.

Source: Emirates News Agency