v3.26.1
Subsequent Events
9 Months Ended
Jun. 30, 2026
Subsequent Events  
Subsequent Events

12. Subsequent Events

August 2026 Follow-On Offering

On August 12, 2026, the Company entered into an underwriting agreement with Piper Sandler & Co. and BTIG, LLC, as representatives of the several underwriters named therein, relating to the public offering (the “August 2026 Offering”) by the Company of (i) 55,555,556 shares of common stock and (ii) accompanying warrants to purchase up to an aggregate of 55,555,556 shares of common stock (the “August 2026 Warrants”) at a combined public offering price of $0.99 per share of common stock and accompanying August 2026 Warrant. The shares of common stock and August 2026 Warrants are immediately separable and were issued separately. Each August 2026 Warrant has an initial exercise price per share of $1.10, subject to certain customary adjustments for recapitalizations, stock splits and similar actions. The August 2026 Warrants are immediately exercisable and expire five years from the date of issuance. The August 2026 Offering closed on August 14, 2026.

The Company also granted the underwriters an option for a period of 30 days to purchase up to 8,333,333 additional shares of common stock and/or August 2026 Warrants to purchase up to 8,333,333 additional shares of common stock at the public offering price, less the underwriting discounts and commissions. On August 12, 2026, the underwriters exercised such option with respect to August 2026 Warrants to purchase up to 8,333,333 additional shares of common stock.

The estimated aggregate net proceeds to the Company from the August 2026 Offering were approximately $51.1 million after deducting underwriting discounts and commissions and estimated offering expenses payable by the Company and excluding any exercise of the underwriter's option to purchase additional securities and assuming no exercise of the accompanying August 2026 Warrants. The Company intends use the net proceeds from this offering, together with its cash and cash equivalents, to fund the commercial launch of LYTENAVA in the United States as well as for working capital and general corporate purposes.

GMS, the Company’s largest stockholder, purchased an aggregate of 2,525,252 shares of common stock and accompanying August 2026 Warrants in the August 2026 Offering at the public offering price per share of common stock and accompanying August 2026 Warrant. Robert Jahr, the Company’s Chief Executive Officer, and Lawrence A. Kenyon, the Company’s Chief Financial Officer, purchased an aggregate of 151,515 and 101,010 shares of common stock and accompanying August 2026 Warrants in the August 2026 Offering, respectively, at the public offering price per share of common stock and accompanying August 2026 Warrant.

ATM Program Suspension

On August 12, 2026, the Company delivered written notice to H.C. Wainwright that the Company has terminated its prospectus supplement, dated May 13, 2026, relating to the Sales Agreement. The Company will not make any sales of common stock pursuant to the Sales Agreement unless and until a new prospectus supplement is filed with the SEC; however, the Sales Agreement remains in full force and effect.

Authorized Share Increase

On July 16, 2026, at a special meeting of the Company’s stockholders (the “2026 Special Meeting”) the Company’s stockholders approved an amendment to the Company’s Restated Certificate of Incorporation to increase the number of authorized shares of common stock from 260,000,000 shares to 600,000,000 shares. The Company filed the Certificate of Amendment with the Secretary of State of the State of Delaware on July 16, 2026, and the amendment became effective on that date.

Warrant Approval

On July 16, 2026, the April 2026 Warrants and the April 2026 Placement Agent Warrants became exercisable upon stockholder approval of the required proposals at the 2026 Special Meeting. The April 2026 Warrants expire on July 21, 2031 and the April 2026 Placement Agent Warrants expire on April 22, 2031.

FDA Approval

On July 24, 2026, the FDA approved the Company’s biologics license application for LYTENAVA™ (bevacizumab-vikg) for the treatment of wet AMD. LYTENAVA is the first and only FDA-approved ophthalmic formulation of bevacizumab for the treatment of wet AMD in the United States. Following the approval, the Company commenced activities to support the commercial launch of LYTENAVA in the United States.