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LIQUIDITY AND CAPITAL RESOURCES
9 Months Ended
Sep. 30, 2013
Liquidity and Capital Resources Disclosure [Abstract]  
LIQUIDITY AND CAPITAL RESOURCES

2. LIQUIDITY AND CAPITAL RESOURCES

 

The Company has incurred net losses of approximately $4.2 million and $8.8 million for the nine months ended September 30, 2013 and 2012, respectively. In addition, the Company had a stockholders’ deficit balance of approximately $10.6 million at September 30, 2013 and $7.7 million at December 31, 2012. The Company’s current forecast for fiscal 2013 projects a significant net loss and projects a need to raise additional capital to fund operations in the fourth quarter and beyond. The Company continues to explore strategic alternatives to finance its business plan, including but not limited to, private equity or debt financings or other sources, such as strategic partnerships. The Company is also focusing on increasing sales of its products to generate cash flows to fund its operations.

 

The Company anticipates it will continue to generate losses for at least the next year as it develops and expands its products and offerings and seeks to commercialize its products and expand its corporate infrastructure. The Company believes that its existing cash and cash equivalents will fund its operating plan through the fourth quarter of 2013. The Company engaged H.C. Wainwright & Co., LLC (“H.C. Wainwright”) in August 2013 to identify, originate and develop potential strategic partnerships, assist in merger and acquisition transactions and to raise capital. The Company has agreed to pay H.C. Wainwright a transaction fee of 3% of the gross proceeds from the placement of any securities.

 

The Company will require significant amounts of additional capital to fund its operations beyond 2013, and such capital may not be available when it needs it on terms that it finds favorable, if at all. The Company is seeking to raise these funds through the Agreement described above, though it may seek additional debt financings, credit facilities, partnering or other corporate collaborations and licensing arrangements. If adequate funds are not available or are not available on acceptable terms, the Company’s ability to fund its operations, take advantage of opportunities, develop products and technologies, and otherwise respond to competitive pressures could be significantly delayed or limited, and it may need to downsize or halt its operations. Prevailing market conditions may not allow for such a fundraising or new investors may not be prepared to purchase the Company’s securities at prices that are greater than the current market price.

 

In October 2013, the Company entered into a letter agreement with the holder of the Loan and Security Agreement (the “2012 Term Loan”) and Subsequent Term Note (the “2013 Term Loan”). With respect to the 2013 Term Loan, the parties agreed that upon closing of the offering described above in which the Company raises at least $6 million, all outstanding amounts of principal and interest under the 2013 Term Loan will convert into the Company’s common stock on the same terms as such shares sold to other investors in the offering. With respect to the 2012 Term Loan, the holder agreed to (i) extend the maturity date by three years to July 5, 2020, (ii) provide that interest will be payable only on maturity, and (iii) provide that the events of default will only be nonpayment at maturity or the Company’s insolvency. 

 

There can be no assurance that the Company will be successful in its plans described above or in attracting alternative debt or equity financing. These conditions have raised substantial doubt about the Company’s ability to continue as a going concern. The financial statements do not include any adjustments that might result from the outcome of this uncertainty.