Quarterly report pursuant to Section 13 or 15(d)

Stockholders' Equity

Stockholders' Equity
3 Months Ended
Mar. 31, 2020
Equity [Abstract]  
Stockholders' Equity

Note 10 – Stockholders’ Equity


Common Stock


On January 14, 2020, the Company closed on an underwritten public offering of 32.3 million shares of its common stock at a purchase price of $1.55 per share. The Company generated gross proceeds of approximately $50.0 million and net proceeds of approximately $46.7 million, after deducting underwriting discounts and commissions and other estimated offering expenses. In addition, the Company granted the underwriters a 30-day option to purchase up to approximately 4.8 million additional shares of its common stock on the same terms and conditions. No additional shares of the Company’s common stock were sold pursuant to this option.


Preferred Stock


Series B Preferred Stock


In connection with a public offering of Series B Preferred Stock, on June 19, 2018, the Company filed the Series B Certificate of Designation with the Secretary of the State of Delaware to designate the preferences, rights and limitations of the Series B Preferred Stock. Pursuant to the Series B Certificate of Designation, the Company designated 8,000 shares of the Company’s previously undesignated preferred shares as Series B Preferred Stock. As of March 31, 2020 and December 31, 2019, there were 4,552 shares 4,577 shares, respectively, of Series B Preferred Stock outstanding.




The Company has issued two types of warrants: (i) investor warrants and (ii) placement agent warrants. All warrants are exercisable immediately upon issuance and have a five-year term. The warrants may be exercised at any time in whole or in part upon payment of the applicable exercise price until expiration. No fractional shares will be issued upon the exercise of the warrants. The exercise price and the number of shares purchasable upon the exercise of the investor warrants are subject to adjustment upon the occurrence of certain events, which include stock dividends, stock splits, combinations and reclassifications of the Company’s capital stock or other similar changes to the equity structure of the Company.


As of March 31, 2020, the Company had outstanding warrants to purchase an aggregate of 3,371,076 shares of common stock at exercise prices ranging from $0.50 to $0.75 per share. A summary of warrants outstanding as of March 31, 2020 and December 31, 2019 is presented below, all of which are fully vested:


Outstanding at December 31, 2018     5,799  
Issued     -  
Exercised     (402 )
Tendered     -  
Expired     -  
Outstanding at December 31, 2019     5,397 *
Issued     -  
Exercised     (1,606 )**
Tendered     -  
Expired     (420 )
Outstanding at March 31, 2020     3,371 ***


* Weighted average exercise price for outstanding warrants is $0.62.

** Converted into approximately 1,453.0 thousand shares of commons stock.

*** Weighted average exercise price for outstanding warrants is $0.58.


Basic and diluted net loss per common share


During the three months ended March 31, 2020 and 2019, diluted earnings per common share is the same as basic earnings per common share because, as the Company incurred a net loss during each period presented, the potentially dilutive securities from the assumed exercise of all outstanding stock options, warrants and conversion of preferred stock, would have an anti-dilutive effect. The following outstanding shares of potentially dilutive securities were excluded from the computation of diluted net loss per share attributable to common shareholders because including them would have been anti-dilutive as of March 31, 2020 and 2019:


    As of March 31,  
    2020     2019  
Stock options     20,562       16,572  
Preferred Stock and accrued dividend upon conversion     9,104       26,487  
Warrants     3,371       5,799  
Total     33,037       48,858