(17) Subsequent Event

On April 15, 2025, OrbiMed sold to Nantahala and certain other purchasers an aggregate of approximately 73.1 million shares of the Company’s common stock. The Company was not party to the securities purchase agreement, which was privately negotiated amongst OrbiMed, Nantahala and the other purchasers party thereto. To the Company’s knowledge, based solely on beneficial ownership filings made with SEC, the shares of common stock sold by OrbiMed constitute all of the issued and outstanding shares of common stock previously held by OrbiMed, resulting in OrbiMed no longer being a stockholder of the Company. As the lead purchaser in such transaction, funds affiliated with Nantahala purchased 57.0 million shares of the Company’s common stock, which together with shares of common stock previously held by Nantahala, result in Nantahala holding shares of common stock representing 49.1% of the issued and outstanding shares of the Company’s common stock. As part of the transaction, the Company amended its credit agreements to increase the common stock ownership threshold that triggers a “change in control” from 40% to 49.9% such that Nantahala’s ownership percentage following the closing of the transaction does not result in a change in control under the credit agreements solely by virtue of Nantahala’s ownership. Also to facilitate the sale transaction by OrbiMed, the Company entered into a registration rights agreement with Nantahala and the other purchasers in the transaction pursuant to which the Company agreed to prepare and file a shelf resale registration statement with the SEC within 30 days of the date of the closing, for purposes of registering the resale of the shares of common stock purchased by the purchasers in the transaction, and agreed to use commercially reasonable efforts to cause such resale registration statement to be declared effective by the SEC within 60 days of the date of the closing (90 days in the event the resale registration statement is reviewed by the SEC).