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Subsequent Event
3 Months Ended
Mar. 31, 2022
Subsequent Event  
Subsequent Event

11. Subsequent Events

On April 4, 2022, 2,425 shares of Series B Preferred Stock was converted into 303,125 shares of the Company’s common stock.

On April 25, 2022, the Company entered into a letter agreement and waiver (“Letter Agreement”) with the investor in the 2022 Preferred Stock Offering, pursuant to which the investor consented to the Company entering into and effecting an ATM offering facility. Pursuant to the purchase agreement for the 2022 Preferred Stock Offering, the Company was restricted from entering into and effecting an ATM offering facility until the 180-day anniversary of the closing date. Pursuant to the Letter Agreement, the Company issued to the investor a new common stock purchase warrant (“New Warrant”), on the same terms and conditions as the Series A Warrants, provided that such New Warrant shall be exercisable into 212,188 shares of common stock, subject to adjustment thereunder. The Series A Warrants have an exercise price of $10.40 per share, will become exercisable six months after the date of the Letter Agreement, and will expire 5 years following the initial exercise date.

On April 26, 2022, the Company filed with the Secretary of State of the State of Delaware a certificate of amendment, or the Certificate of Amendment, to the Company’s Amended and Restated Certificate of Incorporation, which became effective on April 26, 2022. The Certificate of Amendment implemented a 1-for-40 reverse stock split of the Company’s common stock. On the effective date of April 26, 2022, the number of the Company’s issued and outstanding shares of common stock was decreased from 146,741,862 to 3,668,546 and the par value remained unchanged. No fractional shares were issued as a result of the reverse stock split. Stockholders who would otherwise have been entitled to receive a fractional share received a cash payment in lieu thereof. The reverse stock split affected all shares of the Company’s common stock outstanding immediately prior to the effective date of the reverse stock split, as well as the number of shares of common stock available for issuance under the Company’s equity incentive plans. In addition, the reverse stock split effected a reduction in the number of shares of common stock issuable upon the exercise of stock options, restricted stock units, or warrants outstanding.

On April 27, 2022, the Company entered into the April 2022 ATM with H.C. Wainwright & Co., LLC (the “Sales Agent”), under which the Company may, from time to time in its sole discretion, issue and sell through or to the Sales Agent, acting as the Company’s agent, up to $12,841,000 of shares of the Company’s common stock (the “Placement Shares”). The Company will pay the Sales Agent a commission of up to 3.0% of the gross sales proceeds of any Placement Shares sold under the April 2022 ATM. As of May 9, 2022, we issued and sold a total of 873,564 shares of common stock under the April 2022 ATM Agreement resulting in net proceeds of approximately $1.9 million.

On May 11, 2022, the Company and Perceptive entered into a fourth amendment to the Credit Agreement and Guarantee dated February 10, 2020, as amended on February 26, 2021, January 7, 2022 and March 10, 2022, between us and Perceptive Credit Holdings III, LP, or Perceptive, which we may refer to as the Amended Perceptive Credit Agreement. The Amended Perceptive Credit Agreement waived our obligations to comply with certain financial covenants relating to minimum revenue requirements through September 30, 2022, conditioned upon the satisfaction of certain conditions, including us raising additional capital and prepaying a portion of our outstanding debt by May 31, 2022.