"The commitment fee as other expense with the likelihood of not reaching any of the milestones by September 30th."
I've asked before and I'm asking again. Here's the commitment fee that they're talking about:
"Pursuant to the Securities Purchase Agreement, and in connection with Aspire Capital’s commitment to purchase additional securities from the Company, on June 28, 2018, the Company agreed to (i) sell to Aspire Capital 5,263,158 shares for a purchase price of $2.0 million and (ii) issue to Aspire Capital 2,736,842 shares of common stock and warrants to purchase 8,000,000 shares of common stock, with such warrants having an exercise price equal to $0.38 per share (the “Commitment Fee”). The total commitment fee of $2.7 million was allocated to the $2 million offering first based on historical price discounts that Aspire Capital has received and the balance of the commitment fee was allocated to the $5 million of potential future milestone funding from Aspire Capital. The portion of the commitment fee allocated to the $2 million of initial proceeds was approximately $0.5 million and was effectively netted against the $2 million of initial proceeds, resulting in a discounted purchase price at $0.29 per share. The remaining $2.2 million of the commitment fee was allocated to the future milestone funding and was fully expensed under Other Expenses, because it is unlikely that the Company will achieve any of the milestones by September 30, 2018 (see Note 13 to the accompanying financial statements)."
How was the $2.7M commitment fee calculated and what was the basis for its allocation? I wouldn't be surprised to see a note from the SEC asking the same question. The charge was both created and charged off in the same reporting period.
Obviously this issue is separate from the question of "How and when did they know about the likelihood of not reaching any of the milestones by September 30th?".