Ocean Power Technologies, Inc.

Regulatory Filings • Jun 8, 2021

8-A12B 1 form8a-12b.htm

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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549

Form 8-A

FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES

PURSUANT TO SECTION 12(b) OR (g) OF THE

SECURITIES EXCHANGE ACT OF 1934

Ocean Power Technologies, Inc. (Exact name of registrant as specified in its charter)

Delaware (State or other jurisdiction of incorporation or organization) 22-2535818 (I.R.S. Employer Identification No.)

28 Engelhard Drive, Suite B Monroe Township, New Jersey (Address of principal executive offices) 08831 (Zip Code)

Securities to be registered pursuant to Section 12(b) of the Act:

| Title
of each class to
be so registered | Name
of each exchange on which each
class is to be registered |
| --- | --- |
| Common
Stock, $0.001 par value per share | NYSE
American LLC |

If this form relates to the registration of a class of securities pursuant to Section 12(b) of the Exchange Act and is effective pursuant to General Instruction A.(c) or (e), check the following box. [X]

If this Form relates to the registration of a class of securities pursuant to Section 12(g) of the Exchange Act and is effective pursuant to General Instruction A.(d) or (e), check the following box. [ ]

If this form relates to the registration of a class of securities concurrently with a Regulation A offering, check the following box. [ ]

Securities to be registered pursuant to Section 12(g) of the Act: None .

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ITEM 1. Description of Registrant’s Securities to Be Registered.

A description of the common stock, $0.001 par value per share, of Ocean Power Technologies, Inc., a Delaware corporation (the “Registrant”), to be registered hereunder is set forth under the caption “Description of Capital Stock” contained in the Company’s Registration Statement on Form S-3, File No. 333-250824, declared effective on December 2, 2020, and is hereby incorporated herein by reference.

ITEM 2. Exhibits.

Pursuant to the Instructions as to Exhibits with respect to Form 8-A, no exhibits are required to be filed because no other securities of the Registrant are registered on the NYSE American LLC and the securities registered hereby are not being registered pursuant to Section 12(g) of the Securities Exchange Act of 1934, as amended.

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SIGNATURE

Pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, the registrant has duly caused this registration statement to be signed on its behalf by the undersigned, thereto duly authorized.

| | Ocean
Power Technologies, Inc. |
| --- | --- |
| Dated:
June 8, 2021 | /s/
George H. Kirby III |
| | George
H. Kirby III |
| | President
and Chief Executive Officer |

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