They already issued a prospectus. That was the S-3 filing on July 2 for the shelf of $100,000,000.
On October 7, they filed a 'Prospectus Supplement' to the July prospectus for the $33,000,000 that is for the LPC agreement. It includes this statement:
"This prospectus supplement is part of a registration statement that we filed with the Securities and Exchange Commission (the “SEC”), using a “shelf” registration process. Under the shelf registration process, we may from time to time offer and sell any combination of the securities described in the accompanying prospectus up to a total dollar amount of $100,000,000 of which this offering is a part."
So the LPC deal is part of the shelf. My reading of the documents could be wrong - I'm no expert on these things - but the LPC deal appears to be part of the whole.
The entire $100,000,000, at $17/share, would equate to 5.88 million shares. This doesn't cover all the recent volume. Also, I don't think the company has cashed the whole shelf in already (my opinion, but it doesn't make sense to be that they would).
So some of the volume is probably related to the shelf, but certainly not all of it.
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