Aeye, Inc. current report, 15 September 2026

Business Context and Reporting Period

Company: AEye, Inc. (Ticker: LIDR)
Filing Type: Form 8-K (Current Report)
Date of Report: September 15, 2026
Principal Executive Offices: Pleasanton, California

AEye, Inc. is a Delaware corporation focused on LiDAR technology. This filing reports the entry into a new material definitive agreement to raise capital and the termination of a prior sales agreement.

Key Financial Metrics and Capital Structure

This filing does not report operational financial metrics such as revenue, profit, cash flow, margins, or debt levels. The financial data provided relates exclusively to the terms of a new equity financing arrangement:

  • Maximum Offering Size: Up to $50,000,000 in aggregate offering price for common stock (Placement Shares).
  • Sales Agent Commission: Up to 3.0% of gross proceeds paid to A.G.P./Alliance Global Partners.
  • Advisory Fees: Up to 1.0% of gross proceeds paid to Craig-Hallum Capital Group LLC.
  • Expense Reimbursement: Up to $50,000 for execution costs and up to $15,000 per fiscal year for due diligence updates.

Material Changes Versus Prior Period

The primary material change is the replacement of the company's previous equity distribution mechanism:

  • New Agreement: Entered into an At Market Issuance Sales Agreement with A.G.P. on September 15, 2026, allowing for the sale of up to $50 million of common stock.
  • Termination of Prior Agreement: Mutually terminated the prior At Market Issuance Sales Agreement dated September 12, 2024, with A.G.P. effective upon execution of the new agreement.
  • Termination Penalties: The company did not incur any early termination penalties regarding the prior agreement.

Guidance, Outlook, and Management Commentary

Use of Proceeds: The company intends to use net proceeds to fund working capital and general corporate purposes to support future growth. Specific areas include:

  • Research and development.
  • Expansion of commercial and business development activities, specifically in aerospace, defense, and infrastructure markets.
  • Capital expenditures.
  • General and administrative expenses.

Offering Terms:

  • Method: "At-the-market" offerings via Nasdaq Capital Market or other permitted methods.
  • Control: The company retains the right to set sale parameters, including price floors and daily volume limits, and may suspend sales at any time.
  • Duration: The agreement terminates upon the earliest of the 36-month anniversary of the prospectus supplement filing, the sale of all shares, or termination by either party with 30 days' notice.

Risks and Contingencies: The filing notes that the report does not constitute an offer to sell shares in jurisdictions where such an offer would be unlawful. The legal opinion regarding the shares is filed as an exhibit.

Investor Verification Checklist

  • Verify the current market price of AEye common stock to assess potential dilution from the $50 million offering.
  • Review the full text of the Sales Agreement (Exhibit 1.1) for specific price floor mechanisms and daily sales limits.
  • Confirm the company's current cash position and burn rate to evaluate the necessity of the $50 million raise.
  • Monitor future filings for actual sales volumes and proceeds generated under this new agreement.
  • Check for any concurrent announcements regarding the specific R&D or expansion projects mentioned in the use of proceeds.