Athira Pharma Inc
For the period ended Dec 31, 2023. Filed Feb 22, 2024.
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A company's yearly report to the SEC, with audited financial statements. It is the fullest account a company gives of its business, its finances and the risks it sees.
FY2023 · Filed Feb 22, 2024
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Item 15. Exhibits, Financial Statement Schedules
(a)
List the following documents filed as a part of the report:
(1)
All financial statements;
See Index to Financial Statements in Part II, Item 8 of this Annual Report on Form 10-K.
(2)
Financial Statement Schedules
All financial statement schedules have been omitted because the required information was not applicable or was not present in amounts sufficient to require submission of the schedules, or because the information required is included in the financial statements or the accompanying notes.
(3)
Exhibits
The exhibits listed in the following Index to Exhibits are filed, furnished or incorporated by reference as part of this Annual Report on Form 10-K.
Index to Exhibits
| Incorporated by Reference | |||||
|---|---|---|---|---|---|
| ExhibitNumber | Description | Form | File No. | Exhibit | Filing Date |
| 3.1 | Amended and Restated Certificate of Incorporation of the Company | 10-Q | 001-39503 | 3.1 | November 12, 2020 |
| 3.2 | Amended and Restated Bylaws of the Company | 8-K | 001-39503 | 3.1 | November 18, 2022 |
| 4.1 | Specimen Common Stock Certificate of the Registrant | S-1/A | 333-248428 | 4.1 | September 14, 2020 |
| 4.2 | Investors’ Rights Agreement, dated May 29, 2020, as amended, by and among the Registrant and the Investors and Key Holders party thereto | S-1/A | 333-248428 | 4.2 | September 9, 2020 |
| 4.3 | Description of Capital Stock | ||||
| 10.1** | Form of Director and Executive Officer Indemnification Agreement | S-1 | 333-248428 | 10.1 | August 26, 2020 |
| 10.2** | 2014 Equity Incentive Plan, as amended | S-1/A | 333-248428 | 10.2 | September 9, 2020 |
| 10.3** | 2020 Equity Incentive Plan | S-1/A | 333-248428 | 10.5 | September 9, 2020 |
| 10.4** | Form of Stock Option Agreement under the 2020 Equity Incentive Plan | S-1/A | 333-248428 | 10.6 | September 9, 2020 |
| 10.5** | Form of Restricted Stock Award Agreement under the 2020 Equity Incentive Plan | S-1/A | 333-248428 | 10.7 | September 9, 2020 |
| 10.6** | Form of RSU Agreement under the 2020 Equity Incentive Plan | S-1/A | 333-248428 | 10.8 | September 9, 2020 |
| 10.7† | Amended and Restated Standard Exclusive Licensing Agreement with Sublicensing Terms, dated October 28, 2015, by and between the Registrant and Washington State University, and amendments thereto | S-1 | 333-248428 | 10.9 | August 26, 2020 |
| 10.8** | 2020 Employee Stock Purchase Plan, as amended and Form of Subscription Agreement Thereunder | 10-K | 001-39503 | 10.8 | March 23, 2023 |
| 10.9 | Lease agreement, dated July 20, 2020, by and between the Registrant and North Creek Parkway Center Investors, LP | S-1/A | 333-248428 | 10.11 | September 9, 2020 |
| 10.10** | Outside Director Compensation Policy, as amended | 10-K | 001-39503 | 10.10 | March 23, 2023 |
| 10.11** | Executive Incentive Compensation Plan | S-1/A | 333-248428 | 10.13 | September 9, 2020 |
| 10.12** | Confirmatory Employment Letter between the Registrant and Mark Litton, Ph.D. | S-1/A | 333-248428 | 10.15 | September 9, 2020 |
| 10.13** | Confirmatory Employment Letter between the Registrant and Kevin Church, Ph.D. | S-1/A | 333-248428 | 10.16 | September 9, 2020 |
| 10.14** | Employment Offer Letter between the Registrant and Andrew Gengos | 8-K | 001-39503 | 10.1 | May 22, 2023 |
| 10.15** | Amended and Restated Change in Control and Severance Agreement between the Registrant and Mark Litton, Ph.D. | 8-K | 001-39503 | 10.1 | January 31, 2022 |
| 10.16** | Change in Control and Severance Agreement between the Registrant and Andrew Gengos | 8-K | 001-39503 | 10.2 | May 22, 2023 |
| 10.17** | Employment Offer Letter between the Registrant and Hans Moebius, Ph.D. | S-1/A | 333-248428 | 10.21 | September 14, 2020 |
| 10.18** | First Amendment to Employment Agreement between the Registrant and Hans Moebius, Ph.D. | 10-K | 001-39503 | 10.27 | March 28, 2022 |
| 10.19** | Change in Control and Severance Agreement between the Registrant and Hans Moebius, Ph.D. | S-1/A | 333-248428 | 10.22 | September 14, 2020 |
| 10.20** | Employment Offer Letter between the Registrant and Rachel Lenington | 10-Q | 001-39503 | 10.1 | August 16, 2021 |
| 10.21** | Change in Control and Severance Agreement between the Registrant and Rachel Lenington | 10-Q | 001-39503 | 10.2 | August 16, 2021 |
| 10.22** | Employment Offer Letter between the Registrant and Mark Worthington | 10-Q | 001-39503 | 10.3 | August 16, 2021 |
| 10.23** | Change in Control and Severance Agreement between the Registrant and Mark Worthington | 10-Q | 001-39503 | 10.4 | August 16, 2021 |
| 10.24 | First Amendment to Lease by and between the Registrant and Nitrogen Propco 2020, L.P., as | 10-Q | 001-39503 | 10.5 | August 16, 2021 |
| 10.25** | Change in Control and Severance Agreement between the Registrant and Kevin Church | 10-K | 001-39503 | 10.28 | March 28, 2022 |
| 10.26 | Controlled Equity Offering Sales AgreementSM, dated January 6, 2023, among the Registrant, Cantor Fitzgerald & Co. and BTIG, LLC | 8-K | 001-39503 | 1.01 | January 6, 2023 |
| 10.27** | Executive Transition Agreement between the Registrant and Hans Moebius dated January 5, 2024 | 8-K | 001-39503 | 10.1 | January 8, 2024 |
| 21.1 | List of Subsidiaries of the Registrant | S-1/A | 333-24828 | 21.1 | September 9, 2020 |
| 23.1 | Consent of Independent Registered Public Accounting Firm | ||||
| 24.1 | Power of Attorney (included in signature pages hereto) | ||||
| 31.1 | Certification of Principal Executive Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | ||||
| 31.2 | Certification of Principal Accounting and Financial Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | ||||
| 32.1* | Certification of Principal Executive Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 | ||||
| 32.2* | Certification of Principal Accounting and Financial Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 | ||||
| 97 | Amended and Restated Compensation Recovery Policy | ||||
| 101.INS | Inline XBRL Instance Document | ||||
| 101.SCH | Inline XBRL Taxonomy Extension Schema Document | ||||
| 101.CAL | Inline XBRL Taxonomy Extension Calculation Linkbase Document | ||||
| 101.DEF | Inline XBRL Taxonomy Extension Definition Linkbase Document | ||||
| 101.LAB | Inline XBRL Taxonomy Extension Label Linkbase Document |
| 101.PRE | Inline XBRL Taxonomy Extension Presentation Linkbase Document |
| 104 | Cover Page Interactive Data File (formatted in Inline XBRL and included in Exhibit 101) |
- The certifications filed as Exhibits 32.1 and 32.2 are not deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 and are not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934, whether made before or after the date hereof irrespective of any general incorporation by reference language contained in any such filing, except to the extent that the registrant specifically incorporates it by reference.
** Indicates a management contract or compensatory plan.
† Pursuant to Item 601(b)(10) of Regulation S-K, certain portions of this exhibit have been omitted by means of marking such portions with asterisks because the Registrant has determined that the information is not material and would likely cause competitive harm to the Registrant if publicly disclosed.
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