---
schema_version: "secwatch.filing_event.v1"
accession: "0001171843-24-001961"
form_type: "8-K"
ticker: "SLSN"
cik: "0000883107"
company_name: "SOLESENCE, INC."
filed_at: "2024-04-11T23:59:59+00:00"
generated_at: "2026-06-04T00:16:26.601411+00:00"
event_type: "litigation"
sentiment: "positive"
materiality_score: 0.6
calibrated_materiality_score: 0.6
confidence: "high"
source: SEC EDGAR
---

# Nanophase settles BASF exclusivity litigation, amends supply agreement

## Summary
- Mutual release of all claims in BASF v. Nanophase (NJ Super. Ct. MRS-L-1396-22); case dismissed with prejudice.
- Amendment No. 5 clarifies exclusivity: BASF retains field exclusivity for zinc oxide, but Nanophase and Solésence can sell finished products and certain dispersions.
- Binding MOU commits Nanophase to develop a modified zinc oxide product for BASF's exclusive purchase (commercially reasonable efforts).
- Parties covenant not to sue on settled claims, agree to non-disparagement and confidentiality (subject to SEC disclosure).
- Management expects continued growth in API and Solésence finished products with legal uncertainty resolved.

## SEC filing metadata
- accession: 0001171843-24-001961
- form_type: 8-K
- ticker: SLSN
- cik: 0000883107
- company_name: SOLESENCE, INC.
- filed_at: 2024-04-11T23:59:59+00:00
- event_type: litigation
- sentiment: positive
- materiality_score: 0.6
- calibrated_materiality_score: 0.6
- confidence: high
- sec_items: 1.01, 7.01, 9.01, 8.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/883107/000117184324001961/0001171843-24-001961-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/883107/000117184324001961/f8k_041124.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001171843-24-001961
- JSON: https://secwatch.observer/filing/0001171843-24-001961.json
- Plain text: https://secwatch.observer/filing/0001171843-24-001961.txt

## Key facts
- Material Agreements
  SOLESENCE, INC. amended Amendment No. 5 to Zinc Oxide Supply Agreement with BASF Corporation valued at Amendment No. 5 to Zinc Oxide Supply Agreement, dated as of September 16, 1999, as amended, and Bind (effective 2024-04-10).
  - Action: amendment
  - Agreement: supply
  - Counterparty: BASF Corporation
  - Value: Amendment No. 5 to Zinc Oxide Supply Agreement, dated as of September 16, 1999, as amended, and Bind
  - Effective: 2024-04-10
  source text: on April 10, 2024, Nanophase Technologies Corporation (“Nanophase”) and BASF Corporation (“BASF”) entered into an Amendment No. 5 (the “Amendment”) to Zinc Oxide Supply Agreement, dated as of September 16, 1999, as amended (the “Agreement”), and a Binding Memorandum of Understanding regarding Nanophase using its commercially reasonable efforts to develop a modified zinc oxide product for BASF’s exclusive purchase under the Agreement (the “Modified Product MOU”).
  evidence_url: https://www.sec.gov/Archives/edgar/data/883107/000117184324001961/0001171843-24-001961-index.htm
- Material Agreements
  SOLESENCE, INC. entered into Binding Memorandum of Understanding with BASF Corporation valued at Binding Memorandum of Understanding regarding Nanophase developing modified zinc oxide product for B (effective 2024-04-10).
  - Action: entry
  - Agreement: supply
  - Counterparty: BASF Corporation
  - Value: Binding Memorandum of Understanding regarding Nanophase developing modified zinc oxide product for B
  - Effective: 2024-04-10
  source text: on April 10, 2024, Nanophase Technologies Corporation (“Nanophase”) and BASF Corporation (“BASF”) entered into an Amendment No. 5 (the “Amendment”) to Zinc Oxide Supply Agreement, dated as of September 16, 1999, as amended (the “Agreement”), and a Binding Memorandum of Understanding regarding Nanophase using its commercially reasonable efforts to develop a modified zinc oxide product for BASF’s exclusive purchase under the Agreement (the “Modified Product MOU”).
  evidence_url: https://www.sec.gov/Archives/edgar/data/883107/000117184324001961/0001171843-24-001961-index.htm

This AI-assisted summary is a reading aid. Review the linked SEC EDGAR filing before relying on any specific claim.