Quarterly report pursuant to Section 13 or 15(d)

Stockholders' Equity

v3.20.2
Stockholders' Equity
9 Months Ended
Sep. 30, 2020
Equity [Abstract]  
Stockholders' Equity

NOTE 4 - STOCKHOLDERS’ EQUITY

 

Common Stock

 

Follow On Offering

 

On July 23, 2020, the Company entered into an underwriting agreement with H.C. Wainwright. The Company agreed to sell H.C. Wainwright 7,666,666 shares of its common stock, including the exercise in full by H.C. Wainwright of the option to purchase an additional 999,999 shares of common stock, at a public offering price of $0.90 per share. The gross proceeds of this offering, which closed on July 28, 2020, were approximately $6.9 million, and proceeds, net of underwriting discount and expenses of $0.6 million, were $6.3 million. Additionally, representative’s warrant to purchase 536,667 shares of our common stock with a five year term and an exercise price of $1.125 per share were issued.

 

Shelf Registration Statement on Form S-3 and At The Market Offering Agreement

 

On August 13, 2020, the Company’s Shelf Registration Statement on Form S-3, filed on August 6, 2020, was declared effective by the SEC, along with the Company’s At The Market Offering Agreement, entered into by the Company and H.C. Wainwright & Co., LLC, as Exhibit 1.1 to the Form S-3 (the “2020 At The Market Agreement”). This 2020 At the Market Agreement establishes an at-the-market equity program pursuant to which the Company may offer and sell shares of its common stock, par value $0.0001 per share, with an aggregate offering price of up to $100 million, from time to time as set forth in the agreement.

 

During the nine months ended September 30, 2020, 17,712,635 shares of common stock were issued under the Company’s 2020 At The Market Agreement for total proceeds of approximately $28.8 million, net of offering costs of $1.0 million, and the Company has sold all shares possible under the Agreement.

 

Series B Convertible Preferred Stock

 

As of September 30, 2020, there was no share of Series B Convertible Preferred Stock outstanding.

 

Series E Preferred Stock

 

There was no Series E Convertible Preferred Stock outstanding as of September 30, 2020.

 

Common Stock Warrants

 

A summary of the status of the Company’s outstanding stock warrants and changes during the nine months ended September 30, 2020 is as follows :

 

    Number of Warrants     Weighted Average
Exercise Price
    Weighted Average Remaining Contractual Life
(in years)
 
Outstanding as of December 31, 2019     182,191     $ 25.04       2.8  
Issued     536,667       1.13       4.8  
Exercised     (4,722 )     1.13       -  
Expired     (17,969 )     59.14       -  
Outstanding as of September 30, 2020     696,167     $ 5.89       4.0  
Warrants exercisable as of September 30, 2020     696,167     $ 5.89       4.0  

 

Common Stock Options

 

On May 5, 2020, the Compensation Committee of the Board of Directors held a meeting and approved bonuses and restricted stock option grants for Directors and Officers for their contributions to the growth of Marathon Patent Group, Inc., for the year ended December 31, 2019. Total awards to be granted amounted to 1,158,138 restricted stock units at a price of $0.43 per unit with a term of one year, vesting quarterly in equal amounts, and (ii) cash award of $105,000 to Merrick Okamoto and $54,000 to David Lieberman. In addition, the Compensation Committee agreed to cancel 1,587,500 existing stock options for Directors, Officers and outside legal counsel, and replace them with 1,587,500 restricted stock units at a price of $0.43 per unit with a term of one year, vesting quarterly in equal amounts.

 

A summary of the stock options as of September 30, 2020 and changes during the period are presented below :  

 

    Number of Shares     Weighted Average
Exercise Price
    Weighted Average Remaining Contractual Life
(in years)
 
Outstanding as of December 31, 2019     1,731,745     $ 5.50       7.92  
Cancelled     (1,587,500 )     2.28       -  
Expired     (4,063 )     110.67       -  
Outstanding as of September 30, 2020     140,182     $ 38.92       4.38  
Options vested and expected to vest as of September 30, 2020     140,182     $ 38.92       4.38  
Options vested and exercisable as of September 30, 2020     140,182     $ 38.92       4.38  

 

Restricted Stock

 

A summary of the restricted stock award activity for the nine months ended September 30, 2020 as follows :

 

    Number of Units     Weighted Average Grant Date Fair Value  
Nonvested at December 31, 2019     18,750     $ 6.88  
Granted     2,745,639     $ 0.43  
Vested     (1,391,570 )   $ 0.50  
Nonvested at September 30, 2020     1,372,820     $ 0.45