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Akebia Therapeutics Inc

For the period ended Dec 31, 2023. Filed Mar 14, 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 Mar 14, 2024

AKBA$0.54+1.7%Stored close · as of Nov 10, 2026

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Item 15. Exhibits and Financial Statement Schedules

(a)Documents filed as part of this Annual Report on Form 10-K.

(b)Consolidated Financial Statements

Consolidated Balance Sheets

Consolidated Statements of Operations and Comprehensive Loss

Consolidated Statements of Stockholders’ (Deficit) Equity

Consolidated Statements of Cash Flows

Notes to Consolidated Financial Statements

(2)Schedules

Schedules have been omitted as all required information has been disclosed in the consolidated financial statements and related footnotes.

(3)Exhibits

The Exhibits listed below are filed as part of this Annual Report on Form 10-K.

Incorporated by Reference
ExhibitNumberDescription of ExhibitSchedule/ FormFile No.ExhibitFiled Date/ Period End Date
2.1**Agreement and Plan of Merger, dated as of June 28, 2018, by and among Akebia Therapeutics, Inc., Alpha Therapeutics Merger Sub, Inc., and Keryx Biopharmaceuticals, Inc.8-K001-363522.1June 28, 2018
2.2First Amendment to Agreement and Plan of Merger, dated as of October 1, 2018, by and among Akebia Therapeutics, Inc., Alpha Therapeutics Merger Sub, Inc. and Keryx Biopharmaceuticals, Inc.8-K001-363522.1October 1, 2018
3.1Ninth Amended and Restated Certificate of Incorporation8-K001-363523.1March 28, 2014
3.2Certificate of Amendment of Ninth Amended and Restated Certificate of Incorporation of Akebia Therapeutics, Inc.8-K001-363523.1June 9, 2020
3.3Second Amended and Restated Bylaws of Akebia Therapeutics, Inc.8-K001-363523.1April 28, 2023
4.1Form of Common Stock CertificateS-1/A333-1939694.1March 4, 2014
4.2Fourth Amended and Restated Investors’ Rights Agreement, dated March 5, 201410-K001-363524.4March 4, 2015
4.3#Amendment No. 1 to Fourth Amended and Restated Investors’ Rights Agreement, dated June 28, 201710-K001-363524.5March 12, 2018
4.4#Investment Agreement between Akebia Therapeutics, Inc. and Vifor (International) Ltd., dated May 12, 201710-Q001-363524.1August 8, 2017
4.5!Investment Agreement between Akebia Therapeutics, Inc. and Vifor (International) Ltd., dated February 18, 202210-K001-363524.5March 1, 2022
4.6Description of Registrant’s Securities10-K001-363524.6February 25, 2021
4.7*Form of Warrant
10.1†Form of Director and Officer Indemnification Agreement10-K001-3635210.1March 12, 2018
10.2Office Lease Agreement Between MA-Riverview/245 First Street, L.L.C. and Akebia Therapeutics, Inc., dated December 3, 2013S-1333-19396910.2February 14, 2014
10.3First Amendment to Office Lease Agreement Between Jamestown Premier 245 First, LLC and Akebia Therapeutics, Inc., dated December 15, 201410-K001-3635210.3March 4, 2015
10.4Second Amendment to Office Lease Agreement Between Jamestown Premier 245 First, LLC and Akebia Therapeutics, Inc., dated November 23, 201510-K001-3635210.4March 14, 2016
Incorporated by Reference
ExhibitNumberDescription of ExhibitSchedule/ FormFile No.ExhibitFiled Date/ Period End Date
10.5Third Amendment to Office Lease Agreement Between Jamestown Premier 245 First, LLC and Akebia Therapeutics, Inc., dated July 25, 201610-Q001-3635210.1November 9, 2016
10.6Fourth Amendment to Office Lease Agreement Between CLPF-Cambridge Science Center, LLC and Akebia Therapeutics, Inc., dated May 1, 201710-K001-3635210.6March 12, 2018
10.7Fifth Amendment to Office Lease Agreement Between CLPF-Cambridge Science Center, LLC and Akebia Therapeutics, Inc. dated April 9, 201810-Q001-3635210.1August 8, 2018
10.8Sixth Amendment to Office Lease Agreement Between CLPF-Cambridge Science Center, LLC and Akebia Therapeutics, Inc. dated November 30, 202010-K001-3635210.8February 25, 2021
10.9One Marina Park Drive Office Lease dated April 29, 2015, by and between Keryx Biopharmaceuticals, Inc. and Fallon Cornerstone One MPD LLC10-K000-3092910.29March 1, 2017
10.10First Amendment to One Marina Park Drive Office Lease, dated February 24, 2022, by and between Keryx Biopharmaceuticals, Inc. and CLPF One Marina Park Drive LLC (successor-in-interest to Fallon Cornerstone One MPD LLC)10-K001-3635210.10March 1, 2022
10.11Assignment and Assumption Agreement, dated February 24, 2022, by and between Keryx Biopharmaceuticals, Inc. and Akebia Therapeutics, Inc.10-K001-3635210.11March 1, 2022
10.12Sublease, dated as of September 9, 2019, by and between Keryx Biopharmaceuticals, Inc. and Foundation Medicine, Inc.10-Q001-3635210.1November 12, 2019
10.13†Amended and Restated 2008 Equity Incentive PlanS-1333-19396910.5February 14, 2014
10.14†Amendment No. 1 to Amended and Restated 2008 Equity Incentive PlanS-1333-19396910.6February 14, 2014
10.15†Executive Employment Agreement with John P. Butler, dated September 16, 2013S-1333-19396910.7February 14, 2014
10.16†Offer Letter to David Spellman, dated as of June 13, 202010-Q001-3635210.1August 10, 2020
10.17†Form of Non-Statutory Stock Option Agreement for OfficersS-1/A333-19396910.24March 4, 2014
10.18†Form of Non-Statutory Stock Option Agreement for Non-Employee DirectorsS-1/A333-19396910.25March 4, 2014
10.19†Amended and Restated Non-Employee Director Compensation Program, effective April 27, 202310-Q001-3635210.1May 8, 2023
10.20†Second Amended and Restated Non-Employee Director Compensation Program, effective June 6, 202310-Q001-3635210.8August 28, 2023
Incorporated by Reference
ExhibitNumberDescription of ExhibitSchedule/ FormFile No.ExhibitFiled Date/ Period End Date
10.21†* · Third Amended and Restated Non-Employee Director Compensation Program, effective January 1, 2024
10.22†Form of Executive Severance Agreement for OfficersS-1/A333-19396910.27March 4, 2014
10.23†2014 Incentive PlanS-1333-19396910.29March 4, 2014
10.24†Amendment No. 1 to the Akebia Therapeutics, Inc. 2014 Incentive PlanS-8333-2293664.4January 25, 2019
10.25†Amended and Restated 2014 Employee Stock Purchase PlanDEF 14A001-36352Appendix AApril 26, 2019
10.26†Amended and Restated Cash Incentive Plan, effective January 19, 202210-K001-3635210.28March 1, 2022
10.27†Form of Officer Restricted Stock Unit Award Agreement under 2014 Incentive Plan10-K001-3635210.18March 12, 2018
10.28†Form of Officer Restricted Stock Unit Award Agreement under 2014 Incentive Plan10-K001-3635210.29March 26, 2019
10.29†Form of Officer Inducement Award Non-Statutory Stock Option AgreementS-8333-2227284.4January 26, 2018
10.30†Form of Inducement Award Non-Statutory Stock Option Agreement for Non-OfficersS-8333-2227284.5January 26, 2018
10.31†Form of Officer Performance-Based Stock Option Award, under the Company's 2014 Incentive Plan, as amended10-Q001-3635210.1November 4, 2021
10.32†Form of Officer Performance-Based Stock Restricted Stock Unit Award, under the Company's 2014 Incentive Plan, as amended10-Q001-3635210.2November 4, 2021
10.33†Form of Officer Restricted Stock Unit Award Agreement under 2014 Incentive Plan (Retention Awards)10-Q001-3635210.6August 4, 2022
10.34†Form of Officer Non-Statutory Stock Option Agreement under 2014 Incentive Plan (Retention Awards)10-Q001-3635210.7August 4, 2022
10.35†!Form of Officer Cash Bonus Letter Agreement10-Q001-3635210.3November 4, 2021
10.36†Form of Officer Stock Appreciation Rights Award Agreement under 2014 Incentive Plan10-Q001-3635210.3May 8, 2023
10.37†Akebia Therapeutics, Inc. 2023 Stock Incentive PlanS-8333-27245399.1June 6, 2023
10.38†Form of Non-Employee Director Stock Option Agreement under 2023 Stock Incentive Plan10-Q001-3635210.10August 28, 2023
Incorporated by Reference
ExhibitNumberDescription of ExhibitSchedule/ FormFile No.ExhibitFiled Date/ Period End Date
10.39†Form of Non-Employee Director Restricted Stock Unit Agreement under 2023 Stock Incentive Plan10-Q001-3635210.12August 28, 2023
10.40†Form of Officer Stock Option Agreement under 2023 Stock Incentive Plan10-Q001-3635210.11August 28, 2023
10.41†Form of Officer Restricted Stock Unit Agreement under 2023 Stock Incentive Plan10-Q001-3635210.13August 28, 2023
10.42†Form of Officer Inducement Award Stock Option Agreement under 2023 Stock Incentive Plan10-Q001-3635210.14August 28, 2023
10.43*†Form of Officer Executive Severance Agreement (Reflecting Clawback Policy)
10.44*†Form of Officer Cash Bonus Agreement (Reflecting Clawback Policy)
10.45*†Form of Officer Stock Option Agreement under 2023 Stock Incentive Plan (Reflecting Clawback Policy)
10.46*†Form of Officer Restricted Stock Unit Agreement under 2023 Stock Incentive Plan (Reflecting Clawback Policy)
10.47*†Form of Officer Inducement Award Stock Option Agreement under 2023 Stock Incentive Plan (Reflecting Clawback Policy)
10.48†Keryx Biopharmaceuticals, Inc. 1999 Stock Option Plan10-Q001-3092910.2March 21, 2003
10.49†Keryx Biopharmaceuticals, Inc. 2004 Long-Term Incentive PlanDEF 14A000-30929Annex CApril 29, 2004
10.50†Amendment to the Keryx Biopharmaceuticals, Inc. 2004 Long-Term Incentive Plan dated April 11, 200610-Q000-3092910.1August 9, 2006
10.51†Keryx Biopharmaceuticals, Inc. 2007 Incentive PlanDEF 14A000-30929Annex DApril 30, 2007
10.52†Keryx Biopharmaceuticals, Inc. Amended and Restated 2013 Incentive Plan8-K000-3092910.1May 27, 2016
10.53†Keryx Biopharmaceuticals, Inc. 2018 Equity Incentive PlanS-8333-22600599.1June 29, 2018
10.54†Form of Indemnification Agreement between Keryx Biopharmaceuticals, Inc. and its Directors and Officers10-Q000-3092910.1November 9, 2016
10.55†Form of Employee Agreement (Confidentiality, Non-Competition, Non-Solicitation and Development Agreement) applicable to Officers10-K001-3635210.56March 26, 2019
Incorporated by Reference
ExhibitNumberDescription of ExhibitSchedule/ FormFile No.ExhibitFiled Date/ Period End Date
10.56†Keryx Biopharmaceuticals, Inc. Fourth Amended and Restated Directors Equity Compensation Plan8-K000-3092910.2May 27, 2016
10.57†Keryx Biopharmaceuticals, Inc. Third Amended and Restated Directors Equity Compensation Plan10-Q000-3092910.1August 7, 2014
10.58†Keryx Biopharmaceuticals, Inc. Director Non-Statutory Stock Option Award Terms and Conditions under the Third Amended and Restated Directors Equity Compensation Plan10-K001-3635210.59March 26, 2019
10.59†Form of Officer Retention Letter Agreement10-Q001-3635210.6May 9, 2022
10.60†!Form of Retention and Separation Agreement for Michel Dahan and Nicole R. Hadas10-Q001-3635210.7May 9, 2022
10.61†!Form of Amendment to Retention and Separation Agreement for Michel Dahan and Nicole R. Hadas10-Q001-3635210.2November 3, 2022
10.62†!Form of May 2023 Amendment to Retention and Separation Agreement for Michel Dahan and Nicole R. Hadas10-Q001-3635210.4August 28, 2023
10.63†!July 2023 Amendment to Retention and Separation Agreement for Michel Dahan10-Q001-3635210.5August 28, 2023
10.64†!July 2023 Amendment to Retention and Separation Agreement for Nicole R. Hadas10-Q001-3635210.6August 28, 2023
10.65†!October 2023 Amendment to Retention and Separation Agreement for Nicole R. Hadas10-Q001-3635210.3November 8, 2023
10.66*†!February 2024 Amendment to Retention and Separation Agreement for Nicole R. Hadas
10.67*†!February 2024 Amendment to Retention and Separation Agreement for Michel Dahan
10.68†Retention Agreement with David Spellman, dated June 22, 202210-Q001-3635210.5August 4, 2022
10.69†Separation Agreement with David Spellman, dated June 9, 2023 and Amendment to Separation Agreement dated July 6, 202310-Q001-3635210.7August 28, 2023
10.70!Collaboration Agreement between Akebia Therapeutics, Inc. and Mitsubishi Tanabe Pharma Corporation, dated December 11, 201510-K001-3635210.49March 1, 2022
10.71#Letter Agreement between Akebia Therapeutics, Inc. and Mitsubishi Tanabe Pharma Corporation, dated September 26, 201710-Q001-3635210.1November 8, 2017
Incorporated by Reference
ExhibitNumberDescription of ExhibitSchedule/ FormFile No.ExhibitFiled Date/ Period End Date
10.72!Amendment No. 1 to Collaboration Agreement, dated December 2, 2022, by and between Akebia Therapeutics, Inc. and Mitsubishi Tanabe Pharma Corporation10-K001-3635210.53March 10, 2022
10.73!Termination and Settlement Agreement, dated June 30, 2022, by and between the Company and Otsuka Pharmaceutical Co. Ltd.10-Q001-3635210.8August 4, 2022
10.74!Packaging Validation Transfer Agreement, dated April 20, 2023, by and between the Company and Otsuka Pharmaceutical Co. Ltd.10-Q001-3635210.3August 28, 2023
10.75!Second Amended and Restated License Agreement, dated February 18, 2022, by and between Akebia Therapeutics, Inc. and Vifor (International) Ltd.10-K001-3635210.54March 1, 2022
10.76Open Market Sale AgreementSM, dated April 7, 2022, by and between Akebia Therapeutics, Inc. and Jefferies LLC8-K001-363521.1April 7, 2022
10.77!Second Amended and Restated License Agreement dated April 17, 2019, by and between Akebia Therapeutics, Inc. and Panion & BF Biotech, Inc.10-Q001-3635210.1August 8, 2019
10.78#Amended and Restated Sub-License Agreement, dated June 8, 2009, as amended by the First Amendment thereto, dated June 12, 2013, by and between Keryx Biopharmaceuticals, Inc., Japan Tobacco, Inc. and Torii Pharmaceutical Co., Ltd10-Q000-3092910.1November 7, 2017
10.79!Master Manufacturing Services Agreement by and between Keryx Biopharmaceuticals, Inc. and Patheon Manufacturing Services LLC and certain of its affiliates, dated September 27, 2016, and related Product Agreement dated September 27, 2016, and related Product Agreement dated October 12, 201610-K001-3635210.58March 1, 2022
10.80#Product Agreement, dated August 29, 2017, by and between Keryx Biopharmaceuticals, Inc. and Patheon Inc. (an affiliate of Patheon Manufacturing Services LLC) related to the Master Manufacturing Services Agreement by and between Keryx Biopharmaceuticals, Inc. and Patheon Manufacturing Services LLC and certain of its affiliates dated November 12, 201610-Q000-3092910.2November 7, 2017
10.81#Master Manufacturing Services and Supply Agreement, dated December 20, 2017, by and between Keryx Biopharmaceuticals, Inc. and Siegfried Evionnaz SA10-K000-3092910.13February 21, 2018
10.82Amendment No. 1 to Master Manufacturing Services and Supply Agreement, dated as of December 21, 2020, by and between Siegfried Evionnaz SA and Keryx Biopharmaceuticals, Inc.10-K001-3635210.57February 25, 2021
10.83Amendment No. 2 to Master Manufacturing Services and Supply Agreement, dated as of January 29, 2021, by and between Siegfried Evionnaz SA and Keryx Biopharmaceuticals, Inc.10-K001-3635210.58February 25, 2021
Incorporated by Reference
ExhibitNumberDescription of ExhibitSchedule/ FormFile No.ExhibitFiled Date/ Period End Date
10.84!Amendment No. 3 to Master Manufacturing Services and Supply Agreement, dated as of February 11, 2021, by and between Siegfried Evionnaz SA and Keryx Biopharmaceuticals, Inc.10-K001-3635210.59February 25, 2021
10.85Amendment No. 4 to Master Manufacturing Services and Supply Agreement, dated as of December 17, 2021, by and between Siegfried Evionnaz SA and Keryx Biopharmaceuticals, Inc.10-K001-3635210.64March 1, 2022
10.86!Amendment No. 5 to Master Manufacturing Services and Supply Agreement, dated February 28, 2023, by and between Keryx Biopharmaceuticals, Inc. and Siegfried Evionnaz SA10-Q001-3635210.2May 8, 2023
10.87#Exclusive Distribution Agreement between Keryx Biopharmaceuticals, Inc. and Cardinal Health 105, Inc., dated October 16, 2014 and First Amendment to Exclusive Distribution Agreement between Keryx Biopharmaceuticals, Inc. and Cardinal Health 105, Inc., dated April 14, 201510-K001-3635210.60March 26, 2019
10.88!Termination and Settlement Agreement, dated December 22, 2022, by and between Keryx Biopharmaceuticals, Inc. and BioVectra Inc.10-K001-3635210.70March 10, 2023
10.89!Loan Agreement, dated November 11, 2019, by and among the Company, Keryx Biopharmaceuticals, Inc., Biopharma Credit plc and Biopharma Credit Investments V (Master) LP10-K001-3635210.62March 12, 2020
10.90!First Amendment and Waiver, dated February 18, 2022, by and among the Company, Biopharma Credit plc, BPCR Limited Partnership and Biopharma Credit Investments V (Master) LP10-K001-3635210.69March 1, 2022
10.91!Second Amendment and Waiver, dated July 15, 2022, by and among the Company, Biopharma Credit plc, BPCR Limited Partnership and Biopharma Credit Investments V (Master) LP10-Q001-3635210.9August 4, 2022
10.92!Third Amendment to Loan Agreement, dated as of June 30, 2023, by and among the Company, Biopharma Credit plc, BPCR Limited Partnership and Biopharma Credit Investments V (Master) LP10-Q001-3635210.2August 28, 2023
10.93*!Fourth Amendment to Loan Agreement dated as of October 31, 2023, by and among the Company, BioPharma Credit PLC, BPCR Limted Partnership, and BioPharma Credit Investments V (Master) LP
10.94!Guaranty and Security Agreement, dated November 25, 2019, by and between the Company, Keryx Biopharmaceuticals, Inc. and Biopharma Credit plc10-K001-3635210.63March 12, 2022
10.95!Supply Agreement, dated as of March 11, 2020, by and between Akebia Therapeutics, Inc. and Patheon, Inc.10-Q001-3635210.1May 5, 2020
Incorporated by Reference
ExhibitNumberDescription of ExhibitSchedule/ FormFile No.ExhibitFiled Date/ Period End Date
10.96!Supply Agreement, dated as of April 2, 2020, by and between Akebia Therapeutics, Inc. and STA Pharmaceutical Hong Kong Limited10-Q001-3635210.2August 10, 2020
10.97!Amendment No. 1 to the Supply Agreement, dated as of April 15, 2021, by and between Akebia Therapeutics, Inc, and STA Pharmaceutical Hong Kong Limited10-Q001-3635210.1August 5, 2021
10.98!Supply Agreement, dated February 10, 2021, by and between the Company and STA Pharmaceutical Hong Kong Limited10-Q001-3635210.4May 10, 2021
10.99!Royalty Interest Acquisition Agreement, dated February 25, 2021, by and between the Company and HealthCare Royalty Partners IV, L.P.10-Q001-3635210.5May 10, 2021
10.100!License Agreement, dated December 22, 2022, by and among Akebia Therapeutics, Inc., Keryx Biopharmaceuticals, Inc. and Averoa SAS10-K001-3635210.81March 10, 2023
10.101!License Agreement, dated May 24, 2023, by and between the Company and MEDICE Arzneimittel Pütter GmbH & Co. KG10-Q001-3635210.1August 28, 2023
10.102*!Agreement for the Provision of a Loan Facility dated January 29, 2024 between the Company and Kreos Capital VII (UK) Limited
10.103*Warrant Agreement dated January 29, 2024 by and between the Company and Kreos Capital VII Aggregator SCSp
21.1List of Subsidiaries10-K001-3635221.1February 25, 2021
23.1*Consent of Ernst & Young LLP
31.1*Certification of Principal Executive Officer Required Under Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended
31.2*Certification of Principal Financial Officer Required Under Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended
32.1*Certification of Principal Executive Officer and Principal Financial Officer Required Under Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended, and 18 U.S.C. 1350
97.1†*Akebia Therapeutics, Inc. Dodd-Frank Compensation Recovery Policy
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)
Incorporated by Reference
ExhibitNumberDescription of ExhibitSchedule/ FormFile No.ExhibitFiled Date/ Period End Date
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 Labels Linkbase Document
101.PRE*Inline XBRL Taxonomy Extension Presentation Linkbase Document
104Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)
  • Filed, or submitted electronically, herewith

† Indicates management contract or compensatory plan

Indicates portions of the exhibit (indicated by asterisks) have been omitted pursuant to a request for confidential treatment

! Indicates portions of the exhibit (indicated by asterisks) have been omitted pursuant to Item 601(b)(10)(iv) of Regulation S-K

** The schedules to the Agreement and Plan of Merger have been omitted pursuant to Item 601(b)(2) of Regulation S-K. The Company will furnish copies of such schedules to the Securities and Exchange Commission upon request by the Commission

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The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.