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ALP7

02/08/23 11:29 PM

#402297 RE: ignatiusrielly35 #402290

1. For the June 7, 2019 Purchase Agreement with Lincoln Park up to $50.0 million, LP received 324,383 shares as a fee for its commitment to purchase shares of our common stock. Also a fee of up to 162,191 shares if Lincoln Park purchased, at AVXL discretion, the $50.0 million aggregate commitment.

2. On May 1, 2020, AVXL entered into an Amended and Restated Sales Agreement (the “Sales Agreement”) with Cantor Fitzgerald & Co. The Sales Agents will act as agents on a commercially reasonable efforts basis. AVXL will pay the Sales Agents’ commissions for their services of 3.0% of the gross proceeds.

3. For the latest agreement with LP, it appears AVXL gave them 75,000 shares up front with the ability to earn 75,000 more shares if the entire $150 M is placed.

If you're not sure you'll need the money, then paying 3% of stock sales seems to be the better deal. If you're sure that you'll release at least half the shares, then the LP deal looks better. Guess Missling thinks that he'll need a lot more money in the next 2 years than he already has.

Doc328

02/09/23 6:51 AM

#402329 RE: ignatiusrielly35 #402290

The Cantor arrangement is a straightforward ATM with a 3% commission at each trade. AVXL used 42M of the 50M max and then renewed a new 50M allowance. The LPC price is not ATM.

The purchase price per share for each such Regular Purchase will be equal to the lower of:

? the lowest sale price for our common stock on the purchase date of such shares; or

? the arithmetic average of the three lowest closing sale prices for our common stock during the ten consecutive business days ending on the business day immediately preceding the purchase date of such shares.



So in flat trends and downtrends, they will probably sell the shares at close to 3% below market, similar to JPM. AVXL will sell the shares at larger discounts on uptrends or short spikes. Plus, the 75000 upfront and the 75000 prorated shares.