−Removed: ITEM 1A – RISK
−Removed: There have been no material changes to the risk
−Removed: factors previously disclosed in our Annual Report on Form 10-K for the year ended December 31, 2021 filed with the SEC on March 22, 2022,
−Removed: as amended on April 28, 2022 other than as set forth below.
−Removed: Risks Related to Our Financial Condition and
−Removed: Capital Requirements
+Added: ITEM 1A – RISK FACTORS
+Added: There have been no material changes to the risk factors
+Added: previously disclosed in our Annual Report on Form 10-K for the year ended December 31, 2021 filed with the SEC on March 22, 2022, as amended
+Added: on April 28, 2022 other than as set forth below.
+Added: Risks Related to Our Financial Condition and Capital
We have never been profitable and may never
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With the licensing of the DNase oncology platform from
−Removed: CLS in April 2022, our primary focus will be on advancing that technology through regulatory approval and commercialization, and we will
−Removed: continue to incur significant research and development and other expenses related to our ongoing operations.
−Removed: As a result, we have never
−Removed: been profitable and we may not achieve profitability in the foreseeable future, if at all.
−Removed: Our ability to generate profits in the future
−Removed: will depend on a number of factors, including:
+Added: CLS in April 2022, our primary focus will be on advancing that technology via partnering opportunities or through regulatory approval
+Added: and commercialization, and we will continue to incur significant research and development and other expenses related to our ongoing operations.
+Added: As a result, we have never been profitable and we may not achieve profitability in the foreseeable future, if at all.
+Added: Our ability to generate
+Added: profits in the future will depend on a number of factors, including:
Funding the costs relating to the research and development, regulatory approval, commercialization and sale and marketing of our drug candidates and technologies;
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Our ability to raise additional capital.
−Removed: As of June 30, 2022, we had an accumulated deficit
+Added: As of September 30, 2022, we had an accumulated deficit
of approximately $187.6 million.
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of our Pharmaceutical Products
−Removed: Our business is substantially dependent
−Removed: on the success of the DNase oncology platform.
−Removed: Our business will substantially depend on the
−Removed: successful clinical development, regulatory approval and commercialization of the DNase oncology platform.
−Removed: It will require substantial
−Removed: clinical development and regulatory approval efforts before we are permitted to commence its commercialization, if ever.
−Removed: plan to continue to pursue our clinical development strategy through academic and strategic collaborations.
−Removed: If we have difficulty maintaining,
−Removed: obtaining, or are unable to obtain these collaborations and additional academic collaborations as planned, we may need to delay, limit
−Removed: or terminate any ongoing or planned clinical development, which would have an adverse effect on our business.
−Removed: The clinical trials and
−Removed: manufacturing and marketing of DNase and any other product candidates will be subject to extensive and rigorous review and regulation
−Removed: by numerous government authorities in the U.S., the European Union and other jurisdictions where we intend to test and, if approved, market
−Removed: our product candidates.
−Removed: Before obtaining regulatory approvals for the commercial sale of any product candidate, we must demonstrate through
−Removed: preclinical testing and clinical trials that the product candidate is safe and effective for use in each target indication and potentially
−Removed: in specific patient populations.
−Removed: This process can take many years and may include post-marketing studies and surveillance, which would
−Removed: require the expenditure of substantial resources beyond the proceeds we have currently raised.
−Removed: Of the large number of drugs in development
−Removed: for approval in the U.S.
−Removed: and the European Union, only a small percentage successfully complete the FDA or European Medicines Agency regulatory-approval
−Removed: processes, as applicable, and are commercialized.
−Removed: Accordingly, even if we are able to obtain the requisite financing or identify an academic
−Removed: or strategic collaboration partner to continue to fund our research, development and clinical programs, we cannot assure you that DNase
−Removed: or any of our other product candidates will be successfully developed or commercialized.
+Added: Our business is substantially dependent on the
+Added: success of the DNase oncology platform.
+Added: Our business will substantially depend on the successful
+Added: clinical development, regulatory approval and commercialization of the DNase oncology platform.
+Added: It will require substantial clinical development
+Added: and regulatory approval efforts before we are permitted to commence its commercialization, if ever.
+Added: We have, and plan to continue to pursue
+Added: our clinical development strategy through academic and strategic collaborations.
+Added: If we have difficulty maintaining, obtaining, or are
+Added: unable to obtain these collaborations and additional academic collaborations as planned, we may need to delay, limit or terminate any
+Added: ongoing or planned clinical development, which would have an adverse effect on our business.
+Added: The clinical trials and manufacturing and
+Added: marketing of DNase and any other product candidates will be subject to extensive and rigorous review and regulation by numerous government
+Added: authorities in the U.S., the European Union and other jurisdictions where we intend to test and, if approved, market our product candidates.
+Added: Before obtaining regulatory approvals for the commercial sale of any product candidate, we must demonstrate through preclinical testing
+Added: and clinical trials that the product candidate is safe and effective for use in each target indication and potentially in specific patient
+Added: This process can take many years and may include post-marketing studies and surveillance, which would require the expenditure
+Added: of substantial resources beyond the proceeds we have currently raised.
+Added: Of the large number of drugs in development for approval in the
+Added: and the European Union, only a small percentage successfully complete the FDA or European Medicines Agency regulatory-approval processes,
+Added: as applicable, and are commercialized.
+Added: Accordingly, even if we are able to obtain the requisite financing or identify an academic or strategic
+Added: collaboration partner to continue to fund our research, development and clinical programs, we cannot assure you that DNase or any of our
+Added: other product candidates will be successfully developed or commercialized.
Risks Related to Our Reliance on Third-Parties
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and, if we are not able to establish them on commercially reasonable terms, we may have to alter our development and commercialization
−Removed: Our drug candidate development programs and the
−Removed: potential commercialization of our drug candidates will require substantial additional cash to fund expenses.
−Removed: For some of our drug candidates,
−Removed: we may decide to collaborate with additional pharmaceutical and biotechnology companies for the development and potential commercialization
+Added: Our drug candidate development programs and the potential
+Added: commercialization of our drug candidates will require substantial additional cash to fund expenses.
+Added: For some of our drug candidates, we
+Added: may decide to collaborate with additional pharmaceutical and biotechnology companies for the development and potential commercialization
of those drug candidates.
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Risks Related to Our Common Stock
−Removed: Our failure to meet the continued listing
−Removed: requirements of The Nasdaq Capital Market could result in a de-listing of our common stock.
−Removed: Failure to regain compliance with Nasdaq listing
−Removed: rules could affect the market price of our Common Stock and liquidity and reduce our ability to raise capital.
−Removed: Currently, our Common Stock trades on the Nasdaq
−Removed: Capital Market.
−Removed: On June 3, 2022, the Company received a written notification (the “Notice”) from the Listing Qualifications
−Removed: Department of the NASDAQ Stock Market LLC (“Nasdaq”) notifying the Company that the closing bid price for its common stock
−Removed: had been below $1.00 for 30 consecutive business days and that the Company therefore is not in compliance with the minimum bid price requirement
−Removed: for continued inclusion on The Nasdaq Capital Market under Nasdaq Listing Rule 5550(a)(2) (the “Bid Price Requirement”).
−Removed: Notice has no immediate effect on the listing of the Company’s common stock on the Nasdaq Capital Market.
−Removed: Under the Nasdaq Listing Rules, the Company has
−Removed: a period of 180 calendar days from the date of the Notice to regain compliance with the Bid Price Requirement.
+Added: Our failure to meet the continued listing requirements
+Added: of The Nasdaq Capital Market could result in a de-listing of our common stock.
+Added: Failure to regain compliance with Nasdaq listing rules
+Added: could affect the market price of our Common Stock and liquidity and reduce our ability to raise capital.
+Added: Currently, our Common Stock trades on the Nasdaq Capital
+Added: On June 3, 2022, the Company received a written notification (the “Notice”) from the Listing Qualifications Department
+Added: of the NASDAQ Stock Market LLC (“Nasdaq”) notifying the Company that the closing bid price for its common stock had been below
+Added: $1.00 for 30 consecutive business days and that the Company therefore is not in compliance with the minimum bid price requirement for
+Added: continued inclusion on The Nasdaq Capital Market under Nasdaq Listing Rule 5550(a)(2) (the “Bid Price Requirement”).
+Added: has no immediate effect on the listing of the Company’s common stock on the Nasdaq Capital Market.
+Added: Under the Nasdaq Listing Rules, the Company has a
+Added: period of 180 calendar days from the date of the Notice to regain compliance with the Bid Price Requirement.
Accordingly, the Company
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period, by effecting a reverse stock split, if necessary.
−Removed: The Company intends to monitor the closing bid
−Removed: price of its common stock and may, if appropriate, consider available options to regain compliance with the Bid Price Requirement.
+Added: The Company intends to monitor the closing bid price
+Added: of its common stock and may, if appropriate, consider available options to regain compliance with the Bid Price Requirement.
there can be no assurance that the Company will be able to regain compliance with the Bid Price Requirement, or will otherwise be in compliance
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may be difficult for us to raise additional capital if we are not listed on a major exchange.
−Removed: UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS
−Removed: ITEM 3 – DEFAULTS UPON SENIOR
−Removed: ITEM 4 – MINE SAFETY
+Added: ITEM 2 – UNREGISTERED SALES OF EQUITY SECURITIES
+Added: AND USE OF PROCEEDS
+Added: ITEM 3 – DEFAULTS UPON SENIOR SECURITIES
+Added: ITEM 4 – MINE SAFETY DISCLOSURES
Not applicable.
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.