EXICURE, INC.
For the period ended Dec 31, 2024. Filed Mar 18, 2025.
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FY2024 · Filed Mar 18, 2025
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Item 15. Exhibits and Financial Statement Schedules
Item 15. Exhibit and Financial Statement Schedules.
(a) The following documents are filed as part of this report:
- Financial Statements
See Index to Financial Statements on page 36 of this Annual Report on Form 10-K.
- Financial Statement Schedules
All financial statement schedules are omitted because they are not applicable or the required information is included in the financial statements or notes thereto.
- Exhibits
| Exhibit Number · Exhibit Description · Filed with this Report · Incorporated by Reference herein from Form or Schedule · Filing Date · SEC File/Reg. Number | ||||
|---|---|---|---|---|
| 3.1 | Amended and Restated Certificate of Incorporation, as filed with the Secretary of State of the State of Delaware on November 15, 2017. | 10-K (Exhibit 3.3) | 3/11/2021 | 001-39011 |
| 3.2 | Certificate of Amendment to Amended and Restated Certificate of Incorporation of Exicure, Inc., effective June 29, 2022. | 8-K (Exhibit 3.1) | 6/29/2022 | 001-39011 |
| 3.3 | Certificate of Amendment to Amended and Restated Certificate of Incorporation of Exicure, Inc., effective August 27, 2024. | 8-K (Exhibit 3.1) | 8/26/2024 | 001-39011 |
| 3.4 | Amended and Restated Bylaws, as currently in effect. | 8-K (Exhibit 3.4) | 10/2/2017 | 000-55764 |
| 4.1 | Description of Securities | 10-K (Exhibit 4.4) | 3/10/2020 | 001-39011 |
| 10.1+ | 2015 Equity Incentive Plan and forms of awards thereunder, assumed in the Merger. | 8-K (Exhibit 10.1) | 10/2/2017 | 000-55764 |
| 10.2+ | 2017 Equity Incentive Plan and forms of award agreements thereunder. | 8-K (Exhibit 10.2) | 10/2/2017 | 000-55764 |
| 10.3+ | 2017 Employee Stock Purchase Plan. | 8-K (Exhibit 10.3) | 10/2/2017 | 000-55764 |
| 10.4+ | Form of Indemnification Agreement by and between the Company and each of its directors and executive officers. | 8-K (Exhibit 10.4) | 10/2/2017 | 000-55764 |
| 10.5 | Lease Agreement dated as of February 28, 2020 by and between 2430 N. Halsted, LLC and Exicure, Inc. | 10-Q (Exhibit 10.1) | 5/14/2020 | 001-39011 |
| 10.6 | Form of Securities Purchase Agreement, dated May 9, 2022, by and among Exicure, Inc. and the purchaser parties thereto. | 8-K (Exhibit 10.1) | 5/13/2022 | 001-39011 |
| 10.7 | Registration Rights Agreement, dated May 9, 2022, by and among Exicure, Inc. and the purchasers party thereto. | 8-K (Exhibit 10.2) | 5/13/2022 | 001-39011 |
| 10.8 | Securities Purchase Agreement, dated September 26, 2022, by and between Exicure, Inc. and CBI USA. | 8-K (Exhibit 10.1) | 9/27/2022 | 001-39011 |
| 10.9 | Registration Rights Agreement, dated September 26, 2022, by and between Exicure, Inc. and CBI USA. | 8-K (Exhibit 10.2) | 9/27/2022 | 001-39011 |
| 10.10+ | Separation and Release Agreement, dated April 26, 2023, among Exicure, Inc. and Matthias Schroff. | 8-K (Exhibit 10.2) | 5/2/2023 | 001-39011 |
| 10.11+ | Separation and Release Agreement, dated April 26, 2023, among Exicure, Inc. and Elias Papadimas. | 8-K (Exhibit 10.3) | 5/2/2023 | 001-39011 |
| 10.12 | Convertible Bond Subscription Agreement, dated May 3, 2023, among Cyworld Z Co., Ltd. and Exicure, Inc. | 8-K (Exhibit 10.1) | 5/9/2023 | 001-39011 |
| 10.13 | Convertible Bond Subscription Agreement, dated May 16, 2023, among Cyworld Z Co., Ltd. and Exicure, Inc. | 8-K (Exhibit 10.1) | 5/18/2023 | 001-39011 |
| 10.14+ | Separation and Release Agreement, dated May 27, 2023, among Exicure, Inc. and Sarah Longoria. | + | 8-K (Exhibit 10.1) | 6/1/2023 | 001-39011 |
| 10.15+ | Amended and Restated Employment Agreement, dated May 24, 2023, among Exicure, Inc. and Joshua Miller. | 8-K (Exhibit 10.2) | 6/1/2023 | 001-39011 | |
| 10.16+ | Retention Agreement, dated May 24, 2023, among Exicure, Inc. and Joshua Miller. | 8-K (Exhibit 10.3) | 6/1/2023 | 001-39011 | |
| 10.17+ | First Amendment to the Separation and Release Agreement of Matthias Schroff, dated June 12, 2023, among Exicure, Inc. and Matthias Schroff. | 8-K (Exhibit 10.9) | 6/14/2023 | 001-39011 | |
| 10.18+ | Employment Agreement, dated Aug. 28, 2023, among Exicure, Inc. and Paul Kang | 8-K (Exhibit 10.1) | 8/23/2023 | 001-39011 | |
| 10.19+ | Employment Agreement, dated Aug. 28, 2023, among Exicure, Inc. and Jiyoung Hwang | 8-K (Exhibit 10.2) | 8/23/2023 | 001-39011 | |
| 10.20 | Debt for Equity Exchange Agreement | 8-K (Exhibit N/A) | 9/12/2024 | 001-39011 | |
| 10.21 | Common Stock Purchase Agreement, dated November 6, 2024, by and between Exicure, Inc. and HiTron Systems, Inc. | 8-K (Exhibit 10.1) | 11/14/2024 | 001-39011 | |
| 10.22 | Form of Registration Rights Agreement by and between Exicure, Inc. and HiTron Systems, Inc. | 8-K (Exhibit 10.1) | 11/14/2024 | 001-39011 | |
| 10.23 | Common Stock Purchase Agreement, dated November 13, 2024, by and between Exicure, Inc. and HiTron Systems, Inc. | 8-K (Exhibit 10.1) | 11/14/2024 | 001-39011 | |
| 10.24 | Common Stock Purchase Agreement, dated December 9, 2024, by and between Exicure, Inc. and SangSangIn Investment & Securities Co., Ltd. | 8-K (Exhibit 10.1) | 12/11/2024 | 001-39011 | |
| 10.25 | Form of Registration Rights Agreement by and between Exicure, Inc. and SangSangIn Investment & Securities Co., Ltd. | 8-K (Exhibit 10.2) | 12/11/2024 | 001-39011 | |
| 21.1 | Subsidiaries of Exicure, Inc. | 10-K (Exhibit 21.1) | 3/25/2022 | 001-39011 | |
| 23.1 | Consent of Marcum LLP, independent registered public accounting firm. | X | |||
| 24.1 | Power of Attorney (included on the signature page hereto). | X | |||
| 31.1 | Certification of Principal Executive Officer Pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934, As Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | X | |||
| 31.2 | Certification of Principal Financial Officer Pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934, As Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | X | |||
| 32.1** | Certifications of Principal Executive Officer and Principal Financial Officer Pursuant to 18 U.S.C. Section 1350, As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | X | |||
| 97 | Compensation Recoupment Policy | X | |||
| 101.INS | Inline XBRL Instance Document – the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document | X | |||
| 101.SCH | Inline XBRL Taxonomy Extension Schema Document | X | |||
| 101.CAL | Inline XBRL Taxonomy Extension Calculation Linkbase Document | X | |||
| 101.DEF | Inline XBRL Taxonomy Extension Definition Linkbase Document | X | |||
| 101.LAB | Inline XBRL Taxonomy Extension Label Linkbase Document | X | |||
| 101.PRE | Inline XBRL Taxonomy Extension Presentation Linkbase Document | X | |||
| 104 | Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) | X | |||
- Indicates a management contract or compensatory plan.
- Indicates that portions of this exhibit have been omitted pursuant to Item 601(b)(10)(iv) of Regulation S-K.
** This certification is not deemed filed with the SEC and is not to be incorporated by reference into any filing of Exicure, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of such Form 10-K), irrespective of any general incorporation language contained in such filing.
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.