The ATM Program is seperate, here it is from the prospectus:
(1) The number of shares of common stock to be outstanding immediately after this offering as shown above is based on 27,158,938 shares of common stock actually outstanding as of March 9, 2012. This number excludes: (i) 2,432,750 shares of our common stock subject to options outstanding as of March 9, 2012, which have a weighted average exercise price of $17.95 per share; (ii) 10,799,835 shares of common stock issuable upon exercise of warrants outstanding as of March 9, 2012, at a weighted average exercise price of $5.24 per share; (iii) 342,833 shares of common reserved for potential future issuance pursuant to our 401(k) Plan as of March 9, 2012; (iv) 1,074,114 shares of common stock reserved for potential future issuance pursuant to our Committed Equity Financing Facility (the “CEFF”), as of March 9, 2012; and (v) 3,691,786 shares of common stock reserved for potential future issuance pursuant to our ATM Program as of March 9, 2012, based on an assumed price of $3.64, which was the closing price of our common stock on the Nasdaq Capital Market on such date.
That is my understanding anyway
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