Item 2. Unregistered Sales of Equity Securities
ITEM 2. UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS
On April 8, 2020, in connection with that certain Second Amendment to Loan and Security Agreement, or the Second Amendment, dated March 6, 2020, by and among us, Innovatus Life Sciences Lending Fund I, LP and East West Bank, as more fully described in Note 5 to our condensed consolidated financial statements included elsewhere in this Quarterly Report on Form 10-Q, we issued an aggregate of 872,601 shares of our common stock, or the Amendment Shares, to satisfy a $200,000 waiver fee and a $100,000 prepayment fee due under the Second Amendment. The Amendment Shares were issued without registration under the Securities Act of 1933, as amended, in reliance on the exemption from registration under Section 4(a)(2).
The Amendment Shares were subsequently registered for resale on a registration statement on Form S-3 (333-239360), or the Registration Statement, filed with the Securities and Exchange Commission on June 22, 2020 and declared effective on July 7, 2020. We have not and will not receive any of the proceeds from the offering described in the Registration Statement.
ITEM 3. DEFAULTS UPON SENIOR SECURITIES
None.
ITEM 4. MINE SAFETY DISCLOSURES
Not applicable.
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.