22nd Century Group, Inc. filed a Form 8-K on October 28, 2026, disclosing that on October 27, 2026, it entered into Amendment No. 2 to its at-the-market Sales Agreement to add Clear Street LLC as a sales agent alongside existing agent Needham & Company LLC.

Key Highlights

  • New sales agent added: Clear Street LLC was added as a sales agent under the existing Sales Agreement, according to the filing.
  • Amendment date: Amendment No. 2 to the Sales Agreement was entered into on October 27, 2026.
  • Original agreement: The Sales Agreement with Needham & Company LLC was originally dated November 4, 2025, and was previously amended on March 31, 2026.
  • Signing officer: The filing was signed by Lawrence Firestone, Chief Executive Officer, on behalf of 22nd Century Group, Inc.
  • Exchange and ticker: The company's common stock ($0.00001 par value) trades on NASDAQ:XXII.

22nd Century Group Expands ATM Agreement with Clear Street Addition

22nd Century Group, Inc. (NASDAQ:XXII), a Nevada-incorporated company headquartered at 321 Farmington Road, Mocksville, North Carolina 27028, disclosed in an October 28, 2026 Form 8-K that it had amended its at-the-market sales arrangement the previous day. According to the filing, the company entered into Amendment No. 2 to the Sales Agreement with Needham & Company LLC and Clear Street LLC, with the sole stated purpose of adding Clear Street LLC as a sales agent to the existing agreement.

The filing states that the underlying Sales Agreement with Needham & Company LLC was originally executed on November 4, 2025, and was first modified on March 31, 2026 before this second amendment. The current amendment does not alter Needham & Company LLC's role; it solely adds Clear Street LLC as an additional sales agent under the existing arrangement, according to the filing.

The filing notes that "the foregoing description of the Amendment is qualified in its entirety by reference to the full text of the Amendment," which was filed as Exhibit 10.1. The Form 8-K was reported under Item 1.01, Entry into a Material Definitive Agreement. No financial figures, offering size, or pricing terms were disclosed in the body of the filing.

What Was Disclosed

22nd Century Group disclosed Amendment No. 2 to its Sales Agreement, adding Clear Street LLC as a sales agent alongside Needham & Company LLC. The original agreement dates to November 4, 2025, with a prior amendment on March 31, 2026. No offering proceeds or size were stated in the filing.