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Note 23 - Subsequent Events
12 Months Ended
Dec. 31, 2019
Notes to Financial Statements  
Subsequent Events [Text Block]
Note
23
– Subsequent Events
 
AEROSURF Funding Term Sheet
 
On
March 18, 2020,
we entered into a binding term sheet (the “Term Sheet”) with Lee’s, pursuant to which the parties agreed that Lee’s would provide financing for the continued development of our product candidate, AEROSURF.
 
The Term Sheet provides that in connection with the development of AEROSURF, Lee’s will make non-refundable payments to us in the amount of (i)
$1.0
million
no
later than
April 1, 2020; (
ii)
$1.4
million
no
later than
July 1, 2020;
and (iii)
$1.5
million
no
later than
September 1, 2020;
provided, however, that the amount of the last payment will be reduced to
$0.4
million if on or prior to
August 31, 2020, (
i) we receive net proceeds from the sale of our equity securities of at least
$4.5
million and (ii) our common stock becomes listed on the Nasdaq National Market or the Nasdaq Global Market. The parties have agreed that they will negotiate in good faith to determine the terms of a definitive agreement prior to
September 1, 2020.
The definitive agreement will set forth additional semi-annual, non-refundable payments to fund the continued development of AEROSURF after
September 30, 2020.
 
The Term Sheet provides that, until such time as we have repaid
125%
of the amounts funded by Lee’s for the development of AEROSURF, we will pay to Lee’s
50%
of all revenue amounts and payments received by us for any sale, divestiture, license or other development and/or commercialization of the
KL4/AEROSURF
patent portfolio, excluding (i) payments for bona fide research and development services; (ii) reimbursement of patent expenses; and (iii) all amounts paid to us under the License, Development and Commercialization Agreement between us and Lee’s (HK) dated as of
June 12, 2017 (
as amended, the “License Agreement”), and subject to reduction for any payments made by us with respect to
third
-party intellectual property
not
previously funded by Lee’s.
 
The Term Sheet also provides that Lee’s and we will amend existing provisions of the License Agreement to reduce future royalty payments payable to us from Lee’s on net sales of certain licensed products, reducing the range of such royalty payment percentage from a range of high single to low mid-double digits to a range of mid-single to low-double digits.
 
O-Bank Facility
 
In
March 2020,
the O-Bank Facility was amended including the extension of the maturity date to
March 2022.
In addition to the extension of the maturity date, the total amount of the O-Bank Facility was decreased to approximately
$5.0
million, and the interest rate was changed to the TAIBOR plus
1.17%
and the term was changed to
24
-month non-revolving. All amounts due under the O-Bank Facility will be payable upon the earlier of (i)
six
months after the expiration date or (ii)
two
years after the drawdown date.
 
As of
December 31, 2019,
the outstanding principal of the O-Bank Facility was approximately
$4.6
million, and has subsequently been refinanced to mature in
March 2022,
therefore, the outstanding principal has been classified in Loans Payable - Non-current Portion.
 
Coronavirus Outbreak
 
In
December 2019,
a novel strain of coronavirus, or COVID-
19,
was reported to have surfaced in Wuhan, China. As of
March 2020,
COVID-
19
has spread to other countries, including Europe and the United States, and has been declared to be a pandemic by the World Health Organization. Efforts to contain the spread of COVID-
19
have intensified and the U.S., Europe and Asia have implemented severe travel restrictions, social distancing and delays or cancellations of elective surgeries. As of
April 1, 2020,
our operations have
not
been significantly impacted by the COVID-
19
outbreak. However, we cannot at this time predict the specific extent, duration, or full impact that the COVID-
19
outbreak will have on our financial condition, operations, and business plans for
2020,
including ongoing and planned clinical trials. Our clinical trials and next expected milestones of our product candidates
may
be impacted and we
may
experience delays in anticipated timelines and milestones.