SPECIAL NOTECAUTIONARY STATEMENT REGARDING FORWARD-LOOKING STATEMENTS
This prospectus each prospectus supplement and the informationdocuments incorporated by reference herein contain forward-looking statements that involve substantial risks and uncertainties. All statements, other than statements of historical facts, included in this prospectus or the documents incorporated herein by reference regarding our strategy, future operations, future financial position, future revenues, projected costs, prospects, plans and each prospectus supplement containobjectives of management are forward-looking statements. The words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “may,” “plan,” “predict,” “project,” “will,” “would,” “could,” “should,” “potential,” “seek,” “evaluate,” “pursue,” “continue,” “design,” “impact,” “affect,” “forecast,” “target,” “outlook,” “initiative,” “objective,” “designed,” “priorities,” “goal,” or the negative of such terms and similar expressions are intended to identify forward-looking statements, within the meaning of Section 27A of the Securities Act of 1933, as amended, or the Securities Act, and Section 21E of the Exchange Act of 1934, as amended, or the Exchange Act, that involve a number of risks and uncertainties. Although ouralthough not all forward-looking statements reflect the good faith judgment of our management,contain these identifying words. Such statements can only beare based on factsassumptions and factors currently known by us. Consequently, these forward-looking statementsexpectations that may not be realized and are inherently subject to risks, and uncertainties and actual resultsother factors, many of which cannot be predicted with accuracy and outcomes may differ materially from results and outcomes discussed in the forward-looking statements.
Forward-looking statements cansome of which might not even be identified by the use of forward-looking words such as “believes,” “expects,” “hopes,” “may,” “will,” “plan,” “intends,” “estimates,” “could,” “should,” “would,” “continue,” “seeks,” “pro forma,” or “anticipates,” or other similar words (including their use in the negative), or by discussions of future matters such as the development of new products, technology enhancements, possible collaborations and other statements that are not historical. These statements include but are not limited to statements under the captions “Business,” “Risk Factors” and “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and in other sections incorporated by reference from our Annual Report on Form 10-K and Quarterly Reports on Form 10-Q, as applicable, as well as our other filings with the SEC. You should be aware that the occurrence of any of the events discussed under the heading “Risk Factors” in any applicable prospectus supplement and any documents incorporated by reference herein or therein could substantially harm our business, operating results and financial condition and that if any of these events occurs, it could adversely affect the value of an investment in our securities.anticipated.
The cautionaryforward-looking statements made in this prospectus and the documents incorporated herein by reference include, among other things, statements about:
•
our ability to successfully commercialize OLINVYK and any other product candidates for which we may obtain regulatory approval;
•
our sales, marketing and manufacturing capabilities and strategies;
•
any ongoing or planned clinical trials and nonclinical studies for our product candidates;
•
the extent of future clinical trials potentially required by the FDA for our product candidates;
•
our ability to fund future operating expenses and capital expenditures with our current cash resources or to secure additional funding in the future;
•
the timing and likelihood of obtaining and maintaining regulatory approvals for our product candidates;
•
our plan to develop and potentially commercialize our product candidates;
•
the clinical utility and potential market acceptance of our product candidates, particularly in light of existing and future competition;
•
the size of the markets for our product candidates;
•
the performance of third-parties upon which we depend, including contract manufacturing organizations, suppliers, contract research organizations, distributors and logistics providers;
•
our ability to identify or acquire additional product candidates with significant commercial potential that are intendedconsistent with our commercial objectives;
•
the extent to bewhich health epidemics and other outbreaks of communicable diseases could disrupt our operations and/or materially and adversely affect our business and financial conditions;
•
our intellectual property position and our ability to obtain and maintain patent protection and defend our intellectual property rights against third parties; and
•
our ability to satisfy and maintain all applicable to all relatedcontinued listing requirements of the Nasdaq.
We may not actually achieve the plans, intentions or expectations disclosed in our forward-looking statements, wherever they may appear in this prospectus or in any prospectus supplement or any documents incorporated by reference herein or therein. We urgeand you should not to place undue reliance on theseour forward-looking statements. Actual results or events could differ materially from the plans, intentions and expectations disclosed in the forward-looking statements which speak only aswe make. We have included important factors in the cautionary statements included in this prospectus supplement, particularly under “Risk Factors,” that we believe could cause actual results or events to differ materially from the forward-looking statements that we make. Our forward-looking statements do not reflect the potential impact of any future acquisitions, mergers, dispositions, joint ventures, collaborations or investments we may make.
You should read this prospectus and the date they are made. Except as requireddocuments that we incorporate by law,reference herein completely and with the understanding that our actual future results may be materially different from what we expect. We do not assume noany obligation to update ourany forward-looking statements, even if new information becomes available in the future.statements.