Risk Factors Update Summary
- Increased reliance on CMOs for manufacturing may lead to supply disruptions, affecting clinical development and operations.
- Entered into a registration rights agreement with December 2023 Investors on December 7, 2023.
- Added risks related to financial condition and capital requirements, including inability to continue as a going concern. This change might result in significant financial impact.
- Increased uncertainty in intellectual property landscape may lead to costly legal expenses and potential product abandonment.
- Commencing clinical trials in the United States may be delayed due to additional preclinical studies.
- Added unfavorable pricing. This might lead to delays and harm business development activities.
- Addition of new product candidates SPY001 and SPY002 for limited indications may impact revenue.
- Added risks related to discovery, development, and commercialization, highlighting competition, program failures, and regulatory challenges.
- Changes in patent laws, like the Leahy-Smith Act, could impact patent prosecution and validity.
- Added the need to seek approval for ongoing clinical trials. This could delay marketing approvals.
- Failure to control manufacturing process or comply with regulatory requirements could result in significant additional costs.
- Agreed to make pro rata payments to investors if Registration Statement not declared effective.
- Potential competition from Erytech Pharma SA's product candidate for Homocystinuria in preclinical development.
- The company is substantially dependent on the success of SPY001 and SPY002 programs.
- Added risks related to government regulation, including lengthy approval processes and pricing regulations, impacting revenue.
- Added reliance on third parties for commercialization. This increases the risk of supply constraints.
- Expect to need significant additional capital for operations, leading to potential dilution.
- Geopolitical instability may impact patent protection in foreign countries, affecting competitive position.
- Acquisition of businesses or products may not realize expected benefits, leading to material adverse effects.
- Failure to develop complementary diagnostics could impact the commercial success of product candidates.
- Regulatory approval challenges may delay commercialization and revenue generation for product candidates.
- Risks associated with third-party patents, inventorship disputes, and ownership challenges could harm business.
- Principal stockholders have significant control over matters requiring stockholder approval.
- Delays in patient enrollment may significantly affect the completion of clinical trials.
- Risk of biosimilar competition sooner than anticipated due to regulatory exclusivity provisions.
- Added potential legal uncertainty due to Brexit. This may disrupt operations and increase costs.
- Failure to comply with environmental laws may result in fines or penalties impacting business success.
- Potential tax law changes could negatively impact financial condition and effective tax rate.
- Added the importance of protecting intellectual property rights. Failure could harm competitive advantage.
- Reliance on collaborations and licensing arrangements may lead to increased costs and disruptions.
- Increased regulatory scrutiny may lead to penalties, delays, and additional expenses in product development.
- Market price volatility due to factors like regulatory approvals, commercial success, and financial projections.
- Preliminary data from clinical trials may change as more participant data become available.
- The company may encounter delays in the development and commercialization of product candidates due to regulatory constraints.
- Failure to comply with GCP regulations may result in unreliable clinical data and additional trials.
- Added the risk of failing to obtain necessary rights to third-party intellectual property. This could lead to program abandonment.
- Provisions in corporate documents and Delaware law may make acquisition of the company more difficult.
- Market price influenced by geopolitical instability, sales of common stock, and financial results fluctuations.
- Potential limitations on product candidates due to regulatory requirements and safety concerns.
- Uncertainty in market acceptance and commercial success of product candidates due to regulatory complexities.
- Incur significant legal, accounting, and other expenses associated with public company requirements.
- Stockholders may not approve the conversion of Series B Preferred Stock, leading to potential cash settlement.
- Reliance on third parties for manufacturing may pose risks if production difficulties arise.
- The success of the company's programs heavily relies on the successful development of complementary diagnostics.
- Added the possibility of disputes with licensors over intellectual property rights. This may lead to significant costs and liabilities.
Full Text Changes in Most Recent 10-K
Intended use: review the highlighted statements. These are additions to the risk factors disclosure in the most recent 10-K filing compared to the previous 10-K filing. Deleted and moved text is less important and is shown for context.
To view the full company filings, click on the following link to be taken to the SEC EDGAR database landing page for the company: https://www.sec.gov/edgar/browse/?CIK=1636282&owner=exclude
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