EyePoint Pharmaceuticals Inc
For the period ended Dec 31, 2023. Filed Mar 8, 2024.
View on SEC.govAbout this filing
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 Mar 8, 2024
EYPT$0.40+11.7%Stored close · as of Nov 10, 2026
Extracted filing text, with the paragraph anchors used by the comparison.
See the whole filing, with its images and exhibitsContents
Item 15. EXHIBITS AND FINANCIAL STATEMENT SCHEDULES
ITEM 15. EXHIBITS ANDFINANCIAL STATEMENTS
(a)(1) Financial Statements
The financial statements filed as part of this report are listed on the Index to Consolidated Financial Statements on page F-1.
(a)(2) Financial Statement Schedules
Schedules have been omitted because of the absence of conditions under which they are required or because the required information is included in our Consolidated Financial Statements or Notes thereto.
(a)(3) Exhibits
| Incorporated by Reference to SEC Filing | ||||
|---|---|---|---|---|
| Exhibit No. | Exhibit Description | Form | SEC Filing Date | Exhibit No. |
| Articles of Incorporation and By-Laws | ||||
| 3.1 | Certificate of Incorporation of pSivida Corp. | 8-K12G3 | 06/19/08 | 3.1 |
| 3.2 | Certificate of Amendment of the Certificate of Incorporation of pSivida Corp. | 10-K | 09/13/17 | 3.2 |
| 3.3 | Certificate of Correction to Certificate of Amendment of the Certificate of Incorporation of pSivida Corp. | 8-K | 04/02/18 | 3.1 |
| 3.4 | Certificate of Amendment of Certificate of Incorporation, as amended of EyePoint Pharmaceuticals, Inc. | 8-K | 06/27/18 | 3.1 |
| 3.5 | By-Laws of EyePoint Pharmaceuticals, Inc. | 10-K | 09/18/18 | 3.5 |
| 3.6 | Amendment No. 1 to the By-Laws of EyePoint Pharmaceuticals, Inc. | 8-K | 11/06/18 | 3.1 |
| 3.7 | Certificate of Amendment of the Certificate of Incorporation, as amended, of EyePoint Pharmaceuticals, Inc. | 8-K | 06/23/20 | 3.1 |
| 3.8 | Certificate of Amendment of the Certificate of Incorporation, as amended, of EyePoint Pharmaceuticals, Inc. | 8-K | 12/08/20 | 3.1 |
| Instruments Defining the Rights of Security Holders | ||||
| 4.1 | Form of Specimen Stock Certificate for Common Stock | 8-K12G3 | 06/19/08 | 4.1 |
| 4.2 | Warrant to Purchase Common Stock of pSivida Corp., issued March 28, 2018, to SWK Funding, LLC | 8-K | 03/29/18 | 4.1 |
| 4.3(a) | Description of Securities of EyePoint Pharmaceuticals, Inc. | |||
| 4.4 | Form of Pre-Funded Warrant to Purchase Common Stock | 8-K | 11/19/21 | 4.1 |
| Material Contracts - Management Contracts and Compensatory Plans | ||||
| 10.1 | 2008 Equity Incentive Plan, as amended on November 19, 2009 | 10-K | 09/10/15 | 10.6 |
| 10.2+ | Form of Stock Option Certificate for grants to executive officers under the pSivida Corp. 2008 Incentive Plan | 8-K | 09/10/08 | 10.1 |
| 10.3 | EyePoint Pharmaceuticals, Inc. Amended and Restated 2016 Long Term Incentive Plan, as amended | 8-K | 11/14/22 | 10.1 |
| 10.4 | Form of Stock Option Certificate for grants to executive officers under the EyePoint Pharmaceuticals, Inc. 2016 Long Term Incentive Plan, as amended | 10-Q | 02/08/18 | 10.1 |
| 10.5 | Form of Stock Option Award Agreement for Inducement grants to executive officers under the EyePoint Pharmaceuticals, Inc. Amended and Restated 2016 Long Term Incentive Plan | 10-K | 09/18/18 | 10.15 |
| 10.6 | EyePoint Pharmaceuticals, Inc. 2019 Employee Stock Purchase Plan, as amended | 8-K | 06/24/21 | 10.2 |
| 10.7 | EyePoint Pharmaceuticals Inc. 2023 Long-Term Incentive Plan | 8-K | 06/21/23 | 10.1 |
| 10.8 | Employment Agreement between pSivida Corp. and Nancy Lurker, dated September 15, 2016 | 10-Q | 11/08/16 | 10.1 |
| 10.9 | First Amendment to Employment Letter Agreement, dated January 3, 2023, by and between EyePoint Pharmaceuticals, Inc. and Nancy Lurker | 8-K | 01/06/23 | 10.2 |
| 10.10 | Nonstatutory Stock Option Inducement Award granted to Nancy Lurker, subject to shareholder approval, with effect from September 15, 2016 | 10-Q | 11/08/16 | 10.3 |
| Incorporated by Reference to SEC Filing | ||||
|---|---|---|---|---|
| Exhibit No. | Exhibit Description | Form | SEC Filing Date | Exhibit No. |
| 10.11 | Amended and Restated Employment Agreement, dated January 3, 2023, by and between EyePoint Pharmaceuticals, Inc. and Dario Paggiarino | 10-K | 03/10/23 | 10.14 |
| 10.12 | Employment Agreement, effective November 1, 2021, between EyePoint Pharmaceuticals, Inc. and Jay S. Duker, M.D. | 8-K | 11/01/21 | 10.1 |
| 10.13 | First Amendment to Employment Agreement, dated January 3, 2023, by and between EyePoint Pharmaceuticals, Inc. and Jay S. Duker | 8-K | 01/06/23 | 10.1 |
| 10.14 | Amended and Restated Employment Agreement, dated January 3, 2023, by and between EyePoint Pharmaceuticals, Inc. and George O. Elston | 8-K | 01/06/23 | 10.3 |
| 10.15 | Amended and Restated Employment Agreement, dated January 3, 2023, by and between EyePoint Pharmaceuticals, Inc. and Scott Jones | 8-K | 01/06/23 | 10.4 |
| 10.16 | Amended and Restated Employment Agreement, dated January 3, 2023, by and between EyePoint Pharmaceuticals, Inc. and Michael C. Pine | 10-K | 03/10/23 | 10.19 |
| 10.17(a) | Form of Indemnification Agreement between EyePoint Pharmaceuticals, Inc. and its officers and directors | |||
| 10.18 | Second Amendment to Employment Agreement, dated July 10, 2023, by and between EyePoint Pharmaceuticals, Inc. and Nancy S. Lurker | 8-K | 07/10/23 | 10.1 |
| 10.19 | Second Amendment to Employment Agreement, dated July 10, 2023, by and between EyePoint Pharmaceuticals, Inc. and Jay S. Duker | 8-K | 07/10/23 | 10.2 |
| 10.20(a)+ | Form of Stock Option Award for Inducement Grants to executive officer pursuant to the 2023 LTIP | |||
| 10.21(a)# | Consulting Agreement dated December 18, 2023 by and between Eyepoint Pharmaceuticals, Inc. and John Landis, PhD | |||
| Material Contracts - Leases | ||||
| 10.22 | Lease Agreement between pSivida Corp. and Farley White Aetna Mills, LLC dated November 1, 2013 | 10-Q | 11/13/13 | 10.1 |
| 10.23 | First Amendment of Lease, dated February 6, 2014, between Farley White Aetna Mills and pSivida Corp. | 10-K | 09/18/18 | 10.24 |
| 10.24 | Second Amendment of Lease, dated May 17, 2018, between Whetstone Riverworks Holdings, LLC and EyePoint Pharmaceuticals, Inc. | 10-K | 09/18/18 | 10.25 |
| 10.25 | Third Amendment to Lease, dated April 5, 2021, between GRE Riverworks, LLC and EyePoint Pharmaceuticals, Inc. | 10-Q | 05/05/21 | 10.1 |
| 10.26 | Fourth Amendment to Lease, dated March 8, 2022, between GRE Riverworks, LLC and EyePoint Pharmaceuticals, Inc. | 10-K | 03/14/22 | 10.28 |
| 10.27 | Lease Agreement, dated January 23, 2023, between V.E. Properties IX, LLC and EyePoint Pharmaceuticals, Inc. | 10-K | 03/10/23 | 10.26 |
| Material Contracts - License and Collaboration Agreements | ||||
| 10.28 | Exclusive License Agreement between EyePoint Pharmaceuticals, Inc. and Equinox Science, LLC | 10-K | 03/16/20 | 10.32 |
| 10.29 | Amendment #1 to Exclusive License Agreement, dated May 2, 2022, by and between EyePoint Pharmaceuticals, Inc. and Equinox Sciences, LLC | 10-Q | 08/05/22 | 10.1 |
| 10.30 | Exclusive License Agreement, dated May 2, 2022, by and between EyePoint Pharmaceuticals, Inc. and Betta Pharmaceuticals, Co., Ltd. | 10-Q | 08/05/22 | 10.2 |
| Incorporated by Reference to SEC Filing | ||||
|---|---|---|---|---|
| Exhibit No. | Exhibit Description | Form | SEC Filing Date | Exhibit No. |
| 10.31 | Product Rights Agreement, dated May 17, 2023, by and between EyePoint Pharmaceuticals, Inc. and Alimera Sciences, Inc. | 8-K | 05/18/23 | 2.1 |
| 10.32 | Commercial Supply Agreement, dated May 17, 2023, by and between EyePoint Pharmaceuticals, Inc. and Alimera Sciences, Inc. | 8-K | 05/18/23 | 10.1 |
| Material Contracts - Other Agreements | ||||
| 10.33 | Agreement and Plan of Merger, dated March 28, 2018, by and among pSivida Corp., Oculus Merger Sub, Inc., Icon Bioscience, Inc. and Shareholder Representative Services LLC | 8-K | 03/29/18 | 10.5 |
| 10.34 | Controlled Equity OfferingSM Sales Agreement, dated August 5, 2020, by and between EyePoint Pharmaceuticals, Inc. and Cantor Fitzgerald & Co. | 8-K | 08/05/20 | 1.1 |
| 10.35 | Royalty Purchase Agreement, dated December 17, 2020, by and between EyePoint Pharmaceuticals, Inc. and SWK Funding, LLC | 10-K | 03/12/21 | 10.36 |
| 21.1(a) | Subsidiaries of EyePoint Pharmaceuticals, Inc. | |||
| 23.1(a) | Consent of Independent Registered Public Accounting Firm, Deloitte & Touche LLP | |||
| 31.1(a) | Certification of Principal Executive Officer pursuant to Rule 13a-14(a) and Rule 15d-14(a) of the Securities Exchange Act, as amended | |||
| 31.2(a) | Certification of Principal Financial Officer pursuant to Rule 13a-14(a) and Rule 15d-14(a) of the Securities Exchange Act, as amended | |||
| 32.1(b) | 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(b) | Certification of Principal Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 | |||
| 97.1(a) | EyePoint Pharmaceuticals, Inc. Incentive Compensation Recovery Policy, dated September 17, 2023 | |||
| 101.INS | Inline XBRL Instance Document – the instance document does not appear in the Interactive Data File because XBRL tags are embedded within the Inline XBRL document. | |||
| 101.SCH | Inline XBRL Taxonomy Extension Schema With Embedded Linkbases Document | |||
| 104 | Cover Page Interactive Data File (Embedded within the Inline XBRL document and included in Exhibit 101). | |||
Portions of this exhibit have been omitted in compliance with Item 601 of Regulation S-K.
- The final versions of documents denoted as “form of” have been omitted pursuant to Rule 12b-31. Such final versions are substantially identical in all material respects to the filed versions of such documents, provided that the name of the investor, and the investor’s and/or the Company’s signatures are included in the final versions.
(a) Filed herewith
(b) Furnished herewith
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.