Annual report pursuant to Section 13 and 15(d)

Derivative Instruments

v2.4.1.9
Derivative Instruments
12 Months Ended
Dec. 31, 2014
Derivative Instruments and Hedging Activities Disclosure [Abstract]  
Derivative Instruments
Derivative Instruments
 
Certain embedded features of our convertible securities and notes payable, as well as warrants to purchase our common stock may be treated as derivative liabilities. We do not use derivative instruments for hedging of market risks or for trading or speculative purposes.
 
As discussed in Note 9, in December 2011, in connection with entering into the Loan Agreement with Hercules, we issued a Series GG warrant to purchase 333,333 shares of our common stock at an exercise price of $2.10 per share, expiring in December 2016. The Series GG warrant was accounted for as a liability at origination due to the existence of certain price reset provisions in the instrument which remained in effect for the first 365 days the warrant was outstanding. As a result, we recorded a current derivative liability with an estimated fair value of $520,478 on the date of issuance of the Series GG warrant. The net effect of marking the Series GG warrants to market during 2012 resulted in net decreases in the estimated fair value of the derivative liability of $38,000, which were recorded as non-cash income. In December 2012, the provisions of the Series GG warrant that resulted in treatment of the instrument as a derivative liability expired. As a result of the expiration of such provisions of the Series GG warrant, we reclassified $484,000 in derivative liabilities related to those warrants to additional paid-in capital. See Note 9.
 
During 2012, the holder of 20,000 Series V warrants exercised them in exchange for issuance of 20,000 shares of our common stock, resulting in gross proceeds of $6,200. As a result of the Series V warrant exercise, we reclassified $52,000 in derivative liabilities related to those warrants to additional paid-in capital.

In September 2013, we entered into a Securities Purchase Agreement with Crede CG III, Ltd. (Crede) for a registered direct public offering. The Series JJ warrant issued in connection with the Securities Purchase Agreement was not considered to be indexed to the Company's stock due to certain features within the warrant, and as such, the warrant was required to be classified as a liability. As a result, the Company recorded a derivative liability with an estimated fair value of $7.7 million on the date the warrant was issued. In November 2014, Crede exchanged their Series JJ warrant for 3,843,223 shares of our common stock in accordance with the terms of the Series JJ warrant agreement. As a result of the exchange of the Series JJ warrant, we reclassified $7.7 million in derivative liabilities related to those warrants to additional paid-in capital. See Note 12.

Changes in the estimated fair values of our derivative liabilities are recorded in the consolidated statement of operations. The net effect of marking our derivative liabilities to market during the years ended December 31, 2014, 2013 and 2012 resulted in net (decreases) increases in non-cash (income) expense of $(5,000), $6,000 and $(32,000). The total estimated fair value of our derivative liabilities was $7.7 million as of December 31, 2013. No derivative liabilities were outstanding as of December 31, 2014.