7 unchanged sentences
and results of operations.
−Removed: There have been no material changes in our risk factors from those previously disclosed in Part I, Item 1A,
−Removed: of our 2021 Annual Report on Form 10-K.
+Added: The risks set forth in the following additional risk factors have the potential to materially affect our financial
+Added: condition and results of operations.
+Added: FDA’s evolving standards for the approval
+Added: of opioid products may delay or prevent approval of our product candidates.
+Added: FDA has identified addressing
+Added: misuse and abuse of opioid drugs as one of its highest priorities.
+Added: As part of its plan, the agency has established new standards for the
+Added: development of prescription opioids with abuse-deterrent formulations and has published two sets of guidance.
+Added: Since the publication of
+Added: the second guidance in November 2017, FDA has not approved any new abuse–deterrent opioid drugs.
+Added: If we are unable to meet FDA’s
+Added: new and evolving standards for approving opioid products, we will not be able to market our products.
+Added: Fast track designation by the FDA for PF614
+Added: for chronic pain may not lead to a faster development or regulatory review or approval process and does not assure FDA approval.
+Added: We have obtained fast track designation
+Added: for PF614 for management of moderate to severe chronic pain when a continuous, around-the-clock analgesic is needed for an extended period
+Added: We believe that fast track designation will enable us to facilitate the development and expedite the review of PF614.
+Added: designation does not ensure that PF614 will receive marketing approval or that approval will be granted within any particular timeframe.
+Added: As a result, we may not experience a faster development process, review or approval compared to conventional FDA procedures.
+Added: the FDA may withdraw fast track designation if it believes that the designation is no longer supported by data from our clinical development
+Added: Fast track designation does not guarantee that an NDA will obtain priority review designation.
+Added: If any of these events occur,
+Added: it could require us to conduct more extensive clinical trials and go through more extensive FDA review, which could substantially increase
+Added: expenses and delay the time for commercializing our products.
+Added: Our failure to maintain compliance with Nasdaq’s
+Added: continued listing requirements could result in the delisting of our common stock.
+Added: Our common stock is currently
+Added: listed for trading on The Nasdaq Capital Market.
+Added: We must satisfy the continued listing requirements of Nasdaq, to maintain the listing
+Added: of our common stock on The Nasdaq Capital Market.
+Added: A delisting of our common stock from Nasdaq could materially reduce the liquidity of
+Added: our common stock and result in a corresponding material reduction in the price of our common stock.
+Added: In addition, delisting could harm
+Added: our ability to raise capital through alternative financing sources on terms acceptable to us, or at all, and may result in the potential
+Added: loss of confidence by investors, suppliers, customers and employees and fewer business development opportunities.
+Added: On June 16, 2022, we received
+Added: written notice (the “ Notice ”) from Nasdaq that our Minimum Value of Listed Securities (“ MVLS ”) was
+Added: below the minimum of $35 million required for continued listing.
+Added: We have until December 13, 2022, to regain compliance.
+Added: To regain compliance,
+Added: the MVLS must close at $35 million or more for a minimum of ten consecutive business days (or such longer period of time Nasdaq may require)
+Added: during the compliance period ending December 13, 2022.
+Added: The Company could also regain compliance by meeting the continued listing standard
+Added: of a minimum stockholders’ equity of at least $2.5 million, which standard the Company does not meet currently.
+Added: If compliance is
+Added: not regained by December 13, 2022, Nasdaq will provide written notice that our securities are subject to delisting.
+Added: At that time, we may
+Added: appeal any such delisting determination to a Nasdaq hearings panel.
+Added: On June 17, 2022, we received
+Added: written notice from Nasdaq that we were not in compliance with the Nasdaq requirement for the bid price for our common stock to be at
+Added: least $1.00 per share (the “ Deficiency Letter ”).
+Added: We have until December 14, 2022, for the bid price for our common
+Added: stock to close at $1.00 per share or more (the “ Minimum Bid Price ”) for a minimum of 10 consecutive business days during
+Added: the compliance period ending December 14, 2022 (or such longer period of time Nasdaq may require).
+Added: If compliance is not regained by December
+Added: 14, 2022, Nasdaq staff will provide notice that our securities are subject to delisting.
+Added: At that time, we may appeal any such delisting
+Added: determination to a Nasdaq hearings panel.
+Added: We actively monitor the price of the Company’s common stock and are evaluating available
+Added: options to resolve the deficiencies and regain compliance with the MVLS and Minimum Bid Price requirements.
+Added: We effected the Reserve Split
+Added: to regain compliance with the Minimum Bid Price requirement.
+Added: On November 11, 2022, we received written notice from Nasdaq that we had
+Added: regained compliance with the Minimum Bid Price requirement.
+Added: If our common stock were delisted
+Added: from Nasdaq, trading of our common stock would most likely take place on an over-the-counter market established for unlisted securities,
+Added: such as the OTCQB or the Pink Market maintained by OTC Markets Group Inc.
+Added: An investor would likely find it less convenient to sell, or
+Added: to obtain accurate quotations in seeking to buy, our common stock on an over-the-counter market, and many investors would likely not
+Added: buy or sell our common stock due to difficulty in accessing over-the-counter markets, policies preventing them from trading in securities
+Added: not listed on a national exchange or other reasons.
+Added: In addition, as a delisted security, our common stock would be subject to SEC rules
+Added: as a “ penny stock ,” which impose additional disclosure requirements on broker-dealers.
+Added: The regulations relating to
+Added: penny stocks, coupled with the typically higher cost per trade to the investor of penny stocks due to factors such as broker commissions
+Added: generally representing a higher percentage of the price of a penny stock than of a higher-priced stock, would further limit the ability
+Added: of investors to trade in our common stock.
+Added: In addition, delisting could harm our ability to raise capital through alternative financing
+Added: sources on terms acceptable to us, or at all, and may result in the potential loss of confidence by investors, suppliers, customers and
+Added: employees and fewer business development opportunities.
+Added: For these reasons and others, delisting would adversely affect the liquidity,
+Added: trading volume and price of our common stock, causing the value of an investment in us to decrease and having an adverse effect on our
+Added: business, financial condition and results of operations, including our ability to attract and retain qualified employees and to raise
Unregistered Sales of Equity Securities and Use of Proceeds.
2 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.