Stockholders’ Equity | 7 . Stockholders’ Equity Authorized, Issued, and Outstanding Common Stock The Company’s authorized common stock has a par value of $0.001 per share and consists of 100,000,000 shares as of March 31, 2021, and December 31, 2020; 20,625,637 and 19,663,698 shares were issued and outstanding at March 31, 2021, and December 31, 2020, respectively. On July 16, 2020, the Company filed a Certificate of Amendment to its Amended and Restated Certificate of Incorporation (the “Amendment”), which became effective on Friday, July 17, 2020, (a) implementing a 1-for- 10 The following table summarizes common stock share activity for the three months ended March 31, 2021 and 2020 (dollars in thousands): Three Months Ended March 31, 2021 Shares of Common Stock Common Stock Additional Paid-in Capital Accumulated Deficit Total Stockholders’ Equity Balance, December 31, 2020 19,663,698 $ 20 $ 349,351 $ (326,613 ) $ 22,758 Net loss — — — (4,676 ) (4,676 ) Stock-based compensation expense — — 398 — 398 Common stock issued for conversion of April 2020 Notes 959,080 1 7,452 — 7,453 Common stock issued through employee stock purchase plan 2,184 — 6 — 6 Common stock issued for vested restricted stock units 675 — (15 ) — (15 ) Balance, March 31, 2021 20,625,637 $ 21 $ 357,192 $ (331,289 ) $ 25,924 Three Months Ended March 31, 2020 Shares of Common Stock Common Stock Additional Paid-in Capital Accumulated Deficit Total Stockholders’ Equity Balance, December 31, 2019 9,741,372 $ 10 $ 284,313 $ (271,428 ) $ 12,895 Net loss — — — (7,002 ) (7,002 ) Stock-based compensation expense — — 410 — 410 Common stock issued through employee stock purchase plan 2,215 — 18 — 18 Common stock issued, net of expenses 28,527 — 207 — 207 Common stock issued for vested restricted stock units 15,490 — (73 ) — (73 ) Balance, March 31, 2020 9,787,604 $ 10 $ 284,875 $ (278,430 ) $ 6,455 Shares Reserved for Future Issuance The Company had reserved shares of common stock for future issuance as follows: March 31, 2021 December 31, 2020 Outstanding stock options 1,371,606 830,343 Outstanding restricted stock units 96,974 29,087 Warrants to purchase common stock associated with June 2016 Public Offering 421,867 421,867 Warrants to purchase common stock associated with March 2018 Public Offering – Series 2 798,810 798,810 Warrants to purchase common stock associated with December 2019 Public Offering 4,472,205 4,472,205 Warrants to purchase common stock associated with December 2020 Public Offering - Series 1 6,800,000 6,800,000 Warrants to purchase common stock associated with December 2020 Public Offering - Series 2 6,800,000 6,800,000 Prefunded warrants to purchase common stock associated with December 2020 Public Offering 5,260,000 5,260,000 Warrants to purchase common stock associated with Solar loan agreement 12,243 12,243 For possible future issuance for the conversion of the March 2019 Notes 1,138,200 1,138,200 For possible future issuance for the conversion of the April 2020 Notes — 1,299,790 For possible future issuance under 2014 Equity Incentive Plan (Note 9) 318,097 146,488 For possible future issuance under Employee Stock Purchase Plan 6,652 5,895 For possible future issuance under 2015 Inducement Award Plan (Note 9) 14,050 14,050 Total common shares reserved for future issuance 27,510,704 28,028,978 Common Stock Purchase Agreement On April 10, 2020, the Company entered into the Common Stock Purchase Agreement with Aspire Capital pursuant to which the Company has the right to sell to Aspire Capital from time to time in its sole discretion up to $20.0 million in shares of the Company’s common stock over the next 30 months, subject to certain limitations and conditions set forth in the Common Stock Purchase Agreement. The aggregate number of shares that we can sell to Aspire Capital under the Common Stock Purchase Agreement may in no case exceed 1,956,547 shares of the Company’s common stock (which is equal to approximately 19.99% of the common stock outstanding on the date of the Common Stock Purchase Agreement), including the 70,910 commitment shares (the Exchange Cap), unless either (a) shareholder approval is obtained to issue more, in which case the Exchange Cap will not apply, or (b) the average purchase price of all shares sold under the Common Stock Purchase Agreement exceeds $8.461; provided that at no time shall Aspire Capital (together with its affiliates) beneficially own more than 19.99% of the Company’s common stock. During the three months ended March 31, 2021 and 2020, the Company did not sell any shares of its common stock under the Common Stock Purchase Agreement. Convertible Debt and Derivative Liabilities In connection with the Company’s issuances of its April 2020 Notes and March 2019 Notes, the Company bifurcated the embedded conversion options, inclusive of the interest make-whole provisions and make-whole fundamental change provisions, and recorded the embedded conversion options as long-term derivative liabilities in the Company’s balance sheet in accordance with ASC 815, Derivatives and Hedging Warrants Associated with June 2016 , March 2018 , December 2019 , and December 2020 Public Offerings The outstanding warrants associated with the June 2016, March 2018, December 2019, and December 2020 public offerings contain a provision where the warrant holder has the option to receive cash, equal to the Black-Scholes fair value of the remaining unexercised portion of the warrant, as cash settlement in the event that there is a fundamental transaction (contractually defined to include various merger, acquisition or stock transfer activities). Due to this provision, ASC 480, Distinguishing Liabilities from Equity, Warrant Associated with Solar Loan Agreement On the closing date of the Company’s previous loan agreement with Solar, pursuant to the loan agreement the Company issued to Solar the warrant to purchase an aggregate of up to 12,243 shares of the Company’s common stock at an exercise price of $36.754 per share. The warrant will expire five years from the date of the grant. The warrant was classified as equity and recorded at its relative fair value at issuance in the stockholders’ equity section of the balance sheet. |