STOCKHOLDERS' EQUITY (Tables)

9 Months Ended

Sep. 30, 2019

Stockholders' Equity Note [Abstract]

Schedule of stockholders' equity, including warrants and rights

The following represents a summary of the warrants outstanding as of September 30, 2019:


			Underlying	Exercise
	Issue Year	Expiration	Shares	Price
Warrants
(1)	2014	April 2020	832	$	1,800.00
(2)	2015	February 2020	1,588	$	1,008.00
(3)	2015	December 2020	272	$	747.00
(4)	2016	January 2021	596	$	544.50
(5)	2017	June 2022	2,540	$	41.25
(5)	2017	June 2022	500	$	7.50
(6)	2017	June 2022	6,095	$	105.00
(7)	2017	August 2022	25,201	$	2.25
(8)	2017	August 2022	4,000	$	46.88
(9)	2017	August 2022	47,995	$	150.00
(9)	2017	August 2022	9,101	$	7.50
(10)	2017	August 2022	16,664	$	2.25
(10)	2017	August 2022	7,335	$	2.25
(11)	2017	October 2022	666	$	2.25
(12)	2017	May 2023	—	$	2.25
(13)	2018	October 2022	7,207	$	112.50
(14)	2018	April 2023	69,964	$	5.40
(14)	2018	April 2023	121,552	$	5.40
(15)	2018	October 2022	15,466	$	11.25
(16)	2018	July 2023	14,671	$	5.40
(16)	2018	July 2023	14,672	$	5.40
(16)	2018	August 2023	36,334	$	5.40
(16)	2018	August 2023	36,334	$	5.40
(16)	2018	September 2023	19,816	$	5.40
(16)	2018	September 2023	20,903	$	5.40
(17)	2018	November 2023	75,788	$	5.40
(17)	2018	December 2023	51,282	$	5.40
(18)	2019	April 2024	147,472	$	5.40
(19)	2019	May 2024	154,343	$	9.56
			909,189

(1)

These warrants were issued in connection with a private placement which was completed in October 2014.

(2)

These warrants were issued in connection with an offering which was completed in February 2015.

(3)

These warrants were issued in connection with an offering which was completed in July 2015.

(4)

These warrants were issued in connection with an offering which was completed in January 2016. Of the remaining outstanding warrants as of September 30, 2019, 357 warrants are recorded as a liability, See Note 9 – Fair Value for further discussion, and 239 are treated as equity.

(5)

These warrants were issued in connection with a June 2017 merger transaction (the “Merger”).

(6)

These warrants were issued in connection with the Merger.

(7)

These warrants were issued in connection with an underwritten public offering completed on August 28, 2017 (the “August 2017 Offering”) and are the August 2017 Offering Warrants discussed below.

(8)

These warrants were issued in connection with the August 2017 Offering.

(9)

These warrants were issued in connection with the conversion of our Series A Senior stock, at the time of the closing of the August 2017 Offering.

(10)

These warrants were issued in connection with the conversion of convertible bridge notes, at the time of the closing of the August 2017 Offering, and are the Note Conversion Warrants discussed below.

(11)

These warrants were issued in connection with the waiver of default the Company received in the fourth quarter of 2017 in connection with the Convertible Promissory Notes and are the Convertible Promissory Note Warrants discussed below.

(12)

These warrants were issued in connection with the Series C Preferred Offering and are the Series C Warrants discussed below.

(13)

These warrants were issued in connection with the Debt Obligation settlement agreements and are the Creditor Warrants discussed below.

(14)

These warrants were issued in connection with the 2018 Note Agreement and are the April 2018 Warrants discussed below.

(15)

These warrants were issued in connection with the 2018 Note Agreement and are the Advisor Warrants discussed below.

(16)

These warrants were issued in connection with the 2018 Note Agreement and are the Q3 2018 Warrants discussed below.

(17)

These warrants were issued in connection with the 2018 Note Agreement and subsequent Amendment Agreement and are the Q4 2018 Warrants discussed below.

(18)

These warrants were issued in connection with the 2018 Note Agreement and subsequent Amendment No. 2 Agreement and are the April 2019 Warrants discussed below.

(19)

These warrants were issued in connection with the May 2019 Bridge Notes and are the May 2019 Warrants discussed below.

Summary of dividends recorded

The following represents a summary of the dividends recorded for the nine months ended September 30, 2018:


	Amount Recorded
Deemed Dividends	(in thousands)

Dividends resulting from the 2018 Purchase Agreement
Deemed Dividend A	$	1,358
Deemed Dividend C		829
Deemed Dividend E		62
Deemed Dividend F		8
Deemed Dividend H		*
Deemed Dividend J		58

Dividends resulting from the 2018 Inducement Agreement
Deemed Dividend B		40
Deemed Dividend D		1,154
Deemed Dividend G		5
Deemed Dividend I		*

Dividends resulting from the 2018 Note Agreement
Deemed Dividend K		216
Deemed Dividend L		63
Deemed Dividend O		45
Deemed Dividend M		10
Deemed Dividend N		*

For the nine months ended September 30, 2018	$	3,848

* Represents less than one thousand dollars

- Definition

Tabular disclosure of warrants or rights issued. Warrants and rights outstanding are derivative securities that give the holder the right to purchase securities (usually equity) from the issuer at a specific price within a certain time frame. Warrants are often included in a new debt issue to entice investors by a higher return potential. The main difference between warrants and call options is that warrants are issued and guaranteed by the company, whereas options are exchange instruments and are not issued by the company. Also, the lifetime of a warrant is often measured in years, while the lifetime of a typical option is measured in months. Disclose the title of issue of securities called for by warrants and rights outstanding, the aggregate amount of securities called for by warrants and rights outstanding, the date from which the warrants or rights are exercisable, and the price at which the warrant or right is exercisable.

+ References + Details