BSD Medical Corporation (Salt Lake City) reported the filing of a shelf registration statement on Form S-3 with the Securities and Exchange Commission.

The shelf registration statement, when declared effective by the Securities and Exchange Commission, will allow BSD Medical the flexibility to potentially offer and sell from time to time in the future, in one or more public offerings, up to $50 million of common stock, preferred stock, debt securities, warrants or units, or any combination thereof. The specifics of any future offering, along with the prices, terms and the use of proceeds of any such securities offered by BSD Medical, will be determined at the time of any such offering, and will be described in detail in a prospectus supplement filed at the time of any such offering.

Harold Wolcott, president of BSD Medical, said, "We consider this filing to be a proactive measure that will give BSD Medical flexibility in the capital raising process, and will provide the opportunity to potentially move quickly into the capital markets over the next three years if needed."

BSD Medical's shelf registration statement has been filed with the Securities and Exchange Commission but has not yet become effective. The securities registered may not be sold, nor may offers to buy be accepted, prior to the time the registration statement becomes effective. This press release does not constitute an offer to sell or the solicitation of an offer to buy the securities, nor shall there be any sale of the securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under securities laws of any such state or jurisdiction. An offering of the securities covered by the registration statement will only be by means of a written prospectus supplement.

In other financings

Vivus (Mountain View, California) reported the closing of its previously announced underwritten public offering. Prior to closing, the underwriters exercised in full their option to purchase an additional 1,350,000 shares of common stock.

As a result, the company sold a total of 10,350,000 shares of its common stock at a price to the public of $10.50 per share. The gross proceeds from the sale of the shares, before underwriting discounts and commissions and other offering expenses, were approximately $108,675,000.

Vivus anticipates using the net proceeds from the offering to fund its research and development efforts, including manufacturing activities and clinical trials for its proprietary product candidates and investment in select pre-commercial and commercial activities, and for general corporate purposes, including working capital.