Item 5. Market for Registrant’s Common Equity
ITEM 5. MARKET FOR REGISTRANT’S COMMON EQUITY, RELATED STOCKHOLDER MATTERS AND ISSUER PURCHASES OF EQUITY SECURITIES.
Market Information
Since the completion of our Merger with NantCell, Inc. (formerly known as ImmunityBio, Inc.) on March 9, 2021, our common stock has been traded under the ticker symbol “IBRX” on the Nasdaq Global Select Market. Prior to the Merger, our common stock was traded under the ticker symbol “NK” on the Nasdaq Global Select Market from July 28, 2015 through March 8, 2021, the day before the consummation of the Merger.
Holders of Record
As of February 24, 2022, there were approximately 88 stockholders of record of our common stock. The actual number of stockholders is greater than the number of record holders and includes stockholders who are beneficial owners but whose shares are held in “street name” by brokers and other nominees. The number of stockholders of record also does not include stockholders whose shares may be held in trust or by other entities.
Dividend Policy
We have never paid cash dividends on our common stock and do not anticipate paying cash dividends on our common stock for the foreseeable future. The payment of dividends on our common stock will depend on earnings, financial condition and other business and economic factors affecting us at such time as the Board of Directors may consider relevant.
Securities Authorized for Issuance Under Equity Compensation Plans
The following table sets forth information regarding our equity compensation plans in effect as of December 31, 2021 (including upon the exercise of stock options and the vesting restricted stock units (RSUs):
Equity Compensation Plan Information
Number of
Securities to be
Issued upon
Exercise of
Outstanding
Options,
Warrants and
Rights Weighted-average
Exercise Price of
Outstanding
Options,
Warrants and
Rights Number of
Securities
Remaining
Available for
Future Issuance
under Equity
Compensation
Plans (Excluding
Securities
Reflected in
Column (a))
Plan Category (a) (b) (c)
Equity compensation plans approved by security holders (1), (2), (3), (4) 10,640,819 $ 15.62 4,969,446
Equity compensation plan not approved by security holders — —
Total 10,640,819 4,969,446
_______________
(1) The equity compensation plans approved by security holders are the 2014 Equity Incentive Plan (2014 Plan) and the 2015 Equity Incentive Plan (2015 Plan). The 2014 Plan has terminated as to future grants. The amount shown in Column (a) with respect to the 2014 Plan includes 503,493 shares issuable upon the exercise of vested stock options. The amount shown in Column (a) with respect to the 2015 Plan includes 3,075,390 shares issuable upon the exercise of vested stock options and 1,591,401 shares issuable upon the vesting of RSUs.
(2) The Amended and Restated ImmunityBio, Inc. 2015 Stock Incentive Plan (2015 NC Plan) was approved by security holders in conjunction with the Merger. The 2015 NC Plan has terminated as to future grants. The amount shown in Column (a) with respect to this plan includes 546,047 shares issuable upon the exercise of vested stock options and 4,924,488 shares issuable upon the vesting of RSUs.
(3) The amount shown in Column (b) is the weighted average exercise price for stock options outstanding.
(4) The amount shown in Column (c) is the number of shares available for grant under the 2015 Plan.
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Stock Performance Graph
The following graph compares the cumulative total return on our common stock, the Russell 2000 Index, and the NASDAQ Biotechnology Index over the five-year period ending December 31, 2021. The graph assumes that $100 was invested on December 31, 2016 in our common stock or the comparative indices, including reinvestment of dividends. The returns shown are based on historical results and are not indicative of, or intended to forecast, future performance of our common stock or the comparative indices. This performance graph shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act), or incorporated by reference into any filing of ImmunityBio, Inc. under the Securities Act of 1933, as amended (the Securities Act).
COMPARISON OF 5 YEAR CUMULATIVE TOTAL RETURN*
Among ImmunityBio, Inc., the Russell 2000 Index
and the NASDAQ Biotechnology Index
Recent Sales of Unregistered Securities
None.
Issuer Purchases of Equity Securities
We did not repurchase any shares of our common stock during the three months ended December 31, 2021. As of December 31, 2021, $18.3 million remained authorized for repurchase under our stock repurchase program. For additional information regarding our stock repurchase program, see Note 9 , Stockholders’ Deficit, of the “Notes to Consolidated Financial Statements” that appears in Part II, Item 8. “Financial Statements and Supplementary Data” of this Annual Report.
ITEM 6. RESERVED
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