Item 8.01 Other Events.

On October 29, 2009, Generex Biotechnology Corporation (the “Company”) issued a press release to announce that in light of general market conditions, the Company will not exercise its right to issue and sell shares of its common stock, par value $.001 per share, under that certain At Market Issuance Sales Agreement entered into by and between the Company and Wm Smith & Co. on October 14, 2009 until further notice.  A copy of the press release is attached hereto as Exhibit 99.1 and incorporated herein by reference.
 
Item 9.01 Financial Statements and Exhibits.
 
(d)
Exhibits. 
 
Exhibit
Number
 
Description
99.1
 
Press release issued by Generex Biotechnology Corporation dated October 29, 2009
     
 
 
 
 
 
SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
             
       
GENEREX BIOTECHNOLOGY CORPORATION.
     
Date: October 30, 2009
     
/s/ Rose C. Perri
           
Chief Operating Officer and Chief Financial Officer
(principal financial officer)
 
 
 
 
 
EXHIBIT INDEX
 
Exhibit
Number
 
Description
99.1
 
Press release issued by Generex Biotechnology Corporation dated October 29, 2009