What the changes say
- Altimmune added substantial new risk disclosures regarding term loan debt covenants, trade tariffs, and AI-driven cybersecurity threats this year.
What changed since the prior 10-K
New
- NewRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
We are currently in a period of economic uncertainty and capital markets disruption, which has been significantly impacted by current regulatory activities and economic policies and events related thereto, ongoing military conflicts and geopolitical instability and inflation and interest rates
Trade disputes, tariffs, and macroeconomic volatility could disrupt supply chains, increase costs, and force asset write-downs.
- NewRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
generally may terminate their engagements at any time and causing us to enter into alternative arrangements would delay development and commercialization of our product candidates
Third parties conducting clinical trials may fail to comply with Good Clinical Practice standards mandated by the FDA.
- NewRisks Related to the Regulatory Approval Process
If and when approved, our product candidates may face competition from ANDA or 505(b)(2) product candidates referencing our drug product. Certain ANDAs, once approved, may be substituted for our product candidates, subject to applicable state laws
Approved product candidates may face competition or delay from generic ANDA or 505(b)(2) products and pediatric exclusivity awards.
- NewRisks Related to Our Intellectual Property
those in the United States. These products may compete with our product candidates and our patents or other intellectual property rights may not be effective or sufficient to prevent them from competing
Foreign legal systems may not adequately protect intellectual property rights, making enforcement costly and uncertain.
- NewRisks Related to Commercialization of our Product Candidates
Our current and anticipated future dependence upon others for the manufacture of our product candidates or products may adversely affect our future profit margins and our ability to commercialize any products that receive marketing approval on a timely and competitive basis
The company has no experience manufacturing product candidates at large scale and may face yields, scaling, or regulatory approval issues.
- NewRisks Related to Commercialization of our Product Candidates
Our vendors may in turn incorporate AI tools into their offerings, and the providers of these AI tools may not meet existing or rapidly evolving regulatory or industry standards, including with respect to privacy and data security
The use of generative AI tools by vendors or internally may introduce new cybersecurity vulnerabilities and attack surfaces.
- NewRisks Related to Reimbursement and Government Regulation
The effect of these healthcare reform initiatives on our business and the pharmaceutical industry in general is not yet known but could be substantial and materially adverse to our ability to successfully commercialize our product candidates at profitable price points
Healthcare reform initiatives could reduce Medicare payments, lower reimbursement rates, and pressure drug pricing and profitability.
- NewRisks Related to Reimbursement and Government Regulation
these laws has increased in recent years, and violations could result in substantial penalties and reputational harm
State laws and regulations regarding marketing, transparency reporting, and co-pay support create complex compliance burdens.
- NewRisks Related to Our Indebtedness
Our operating activities may be restricted as a result of covenants related to our term loan obligation, which we may be required to repay in an event of default, which could have a materially adverse effect on our business
A $125 million term loan agreement with Hercules imposes restrictive financial and operational covenants that could trigger default.
- NewRisks Related to Our Indebtedness
Our level of indebtedness and debt service obligations could adversely affect our financial condition and may make it more difficult for us to fund our operations
High debt service obligations will reduce funds available for research and development operations.
Dropped
- DroppedRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
We may not be able to initiate or continue clinical trials if we cannot enroll a sufficient number of eligible subjects to participate in the clinical trials required by regulatory agencies
- DroppedRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
license novel compounds that could make the products that we develop obsolete. We also face competition from smaller companies who, like us, rely on investors to fund research and development and compete for co-development and licensing opportunities from large and established pharmaceutical companies
- DroppedRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
Even if a current or future product candidate receives marketing approval, it may fail to achieve the degree of market acceptance by physicians, patients, third-party payers and others in the medical community necessary for commercial success
- DroppedRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
A pandemic, epidemic or outbreak of an infectious disease in the United States such as the COVID-19 pandemic may adversely affect our business
- DroppedRisks Related to the Regulatory Approval Process
If the FDA or comparable foreign regulatory authorities approve generic or biosimilar versions of any of our products that receive marketing approval, or if we do not obtain the exclusivity periods for our approved products that we hope to achieve, the sales of our products could be adversely affected
- DroppedRisks Related to Our Intellectual Property
further using such trade secrets, limiting our ability to develop our product candidates, and we may be required to pay damages
- DroppedRisks Related to Commercialization of the Company’s Product Candidates
We rely on, and expect to continue to rely on, third parties to manufacture our product candidates and related materials for our products, if approved, as well as for our clinical trials and preclinical studies, and these third parties may not perform satisfactorily
- DroppedRisks Related to Commercialization of the Company’s Product Candidates
If we are unable to manufacture our products in sufficient quantities, or at sufficient yields, or are unable to obtain regulatory approvals for a manufacturing facility for our products, we may experience delays in product development, clinical trials, regulatory approval and commercial distribution
- DroppedRisks Related to Reimbursement and Government Regulation
We are subject to multiple and substantial federal and state health care and other laws, and the complexity of our regulatory compliance obligations is likely to increase in the event our product candidates are commercialized
- DroppedRisks Related to Reimbursement and Government Regulation
Changes in funding for the FDA and other domestic and foreign government authorities could hinder their ability to hire and retain key leadership and other personnel, or otherwise prevent new products and services from being developed or commercialized in a timely manner, which could negatively impact our business
- DroppedRisks Related to Reimbursement and Government Regulation
licensing of sales representatives. In addition, several states require pharmaceutical companies to implement compliance programs or marketing codes of conduct
Clinical trial subject enrollment and retention difficulties.
Reworded
- 92% rewrittenRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
We rely, and expect to continue to rely, on third parties to conduct preclinical studies and clinical trials for our product candidates, and if they do not properly and successfully perform their obligations to us, we may not be able to obtain regulatory approvals for our product candidates
Updated heading to emphasize third-party clinical trial performance failures and loss of regulatory approval risks.
- 85% rewrittenRisks Related to Commercialization of our Product Candidates
Our future commercial success depends upon attaining significant market acceptance of our product candidates, if approved, among physicians, patients, third-party payers and others in the medical community
Removed specific references to vaccines in the market acceptance risk description.
- 76% rewrittenRisks Related to Commercialization of our Product Candidates
A breakdown in our information technology systems could result in a significant disruption to our business
Added malicious uses of artificial intelligence as a specific vulnerability for information technology systems.
- 65% rewrittenRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
We face substantial competition from other pharmaceutical and biotechnology companies, which may result in others discovering, developing or commercializing products before, or more successfully, than we do
Retitled and updated general biopharmaceutical competition risks.
- 59% rewrittenRisks Related to Reimbursement and Government Regulation
We must comply with data privacy and security laws and regulations, and failure to comply with these laws and regulations could expose us to significant liabilities
Added that U.S. regulators and legislators are actively focusing on data privacy laws.
- 57% rewrittenRisks Related to Our Intellectual Property
We may not be able to protect our intellectual property rights throughout the world
Refined wording on the limitations of enforcing patents in foreign jurisdictions.
- 51% rewrittenRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
Interim and preliminary results from our clinical trials that we announce or publish from time to time may change as more patient data become available and are subject to additional audit, validation and verification procedures that could result in material changes in the final data
Expanded interim data risk to include preclinical studies and potential estimation errors in preliminary data analysis.
- 50% rewrittenRisks Related to Reimbursement and Government Regulation
The impact of recent health care reform legislation and other changes in the health care industry and in health care spending on us is currently unknown and may adversely affect our business model
Updated general healthcare reform impact disclosures.
Was: The impact of recent health care reform legislation and other changes in the health care industry and in health care spending on the Company is currently unknown and may adversely affect our business model
- 41% rewrittenRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
Our product candidates are still in development, there is a high risk of failure, and we may never succeed in developing marketable products or generating product revenue
Was: Our product candidates are in an early stage of development, there is a high risk of failure, and we may never succeed in developing marketable products or generating product revenue
- 40% rewrittenRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
We may find it difficult to enroll patients in our clinical trials, which could delay or prevent clinical trials of our product candidates
- 29% rewrittenRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
We have incurred significant losses since our founding and anticipate that we will continue to incur significant losses for the foreseeable future and may never achieve or maintain profitability
- 27% rewrittenRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
Our overall performance depends in part on worldwide economic conditions and uncertainties
- 21% rewrittenRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
We may not be able to utilize a significant portion of our net operating loss carryforwards, which could harm our results of operations
- 21% rewrittenRisks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
If we fail to attract and keep senior management and key scientific personnel, we may be unable to successfully develop our products, conduct our clinical trials and commercialize our product candidates
All 61 risk factors
Headings as the filing states them, in filing order.
Risks Related to Our Business, Financing Requirements, Product Development and Clinical Trials
- 01We have incurred significant losses since our founding and anticipate that we will continue to incur significant losses for the foreseeable future and may never achieve or maintain profitability29% rewritten
- 02Our profitability depends on our ability to develop and commercialize our current and future product candidates
- 03We are currently in a period of economic uncertainty and capital markets disruption, which has been significantly impacted by current regulatory activities and economic policies and events related thereto, ongoing military conflicts and geopolitical instability and inflation and interest ratesNew
- 04We will require substantial additional financing to achieve our goals, and a failure to obtain this necessary capital when needed would force us to delay, limit, reduce or terminate our product development or commercialization efforts
- 05Our ability to raise capital may be limited by applicable laws and regulations
- 06Raising additional capital may cause dilution to stockholders, restrict our operations or require us to relinquish rights to our technologies or product candidates on unfavorable terms
- 07Our product candidates are still in development, there is a high risk of failure, and we may never succeed in developing marketable products or generating product revenue41% rewritten
- 08Interim and preliminary results from our clinical trials that we announce or publish from time to time may change as more patient data become available and are subject to additional audit, validation and verification procedures that could result in material changes in the final data51% rewritten
- 09The manufacture of our product candidates is complex and we may encounter difficulties in production, particularly with respect to acquisition of materials, process development or scaling-up of our manufacturing capabilities
- 10We may encounter substantial delays in our clinical trials, or our clinical trials may fail to demonstrate the safety and efficacy of our product candidates to the satisfaction of applicable regulatory authorities
- 11We may find it difficult to enroll patients in our clinical trials, which could delay or prevent clinical trials of our product candidates40% rewritten
- 12It may be difficult to predict the time and cost of product development for our product candidates, and unforeseen problems may prevent further development or approval of our product candidates
- 13We rely, and expect to continue to rely, on third parties to conduct preclinical studies and clinical trials for our product candidates, and if they do not properly and successfully perform their obligations to us, we may not be able to obtain regulatory approvals for our product candidates92% rewritten
- 14generally may terminate their engagements at any time and causing us to enter into alternative arrangements would delay development and commercialization of our product candidatesNew
- 15We face substantial competition from other pharmaceutical and biotechnology companies, which may result in others discovering, developing or commercializing products before, or more successfully, than we do65% rewritten
- 16We are heavily dependent on the success of our leading product candidate, pemvidutide. If we ultimately are unable to develop, obtain regulatory approval for or commercialize pemvidutide, or any other product candidate, our business will be substantially harmed
- 17We may not be able to comply with the requirements of foreign jurisdictions in conducting trials within the United Kingdom, European Union (“EU”) or any other foreign country
- 18If we fail to attract and keep senior management and key scientific personnel, we may be unable to successfully develop our products, conduct our clinical trials and commercialize our product candidates21% rewritten
- 19Labor shortages and constraints in the supply chain could adversely affect our results of operations
- 20Our overall performance depends in part on worldwide economic conditions and uncertainties27% rewritten
- 21We may not be able to utilize a significant portion of our net operating loss carryforwards, which could harm our results of operations21% rewritten
Risks Related to the Regulatory Approval Process
- 22Our product candidates may cause undesirable side effects or have other properties that delay or prevent their regulatory approval or limit their commercial potential
- 23Breakthrough Therapy Designation and Fast Track Designation by the FDA may not lead to a faster development or regulatory review or approval process, and does not assure FDA approval of any product candidates that we may develop
- 24If and when approved, our product candidates may face competition from ANDA or 505(b)(2) product candidates referencing our drug product. Certain ANDAs, once approved, may be substituted for our product candidates, subject to applicable state lawsNew
Risks Related to Our Intellectual Property
- 25We may not be able to protect our intellectual property rights throughout the world57% rewritten
- 26those in the United States. These products may compete with our product candidates and our patents or other intellectual property rights may not be effective or sufficient to prevent them from competingNew
- 27Patent terms may be inadequate to protect our competitive position on our products for an adequate amount of time
- 28We may become involved in lawsuits to protect or enforce our intellectual property, which could be expensive, time consuming and unsuccessful
- 29Third-party claims of intellectual property infringement or misappropriation may prevent or delay our development and commercialization efforts
- 30We may be subject to claims that our employees, independent contractors or consultants have wrongfully used or disclosed alleged trade secrets of their former employers, or our employees may challenge the inventorship of our patents
- 31We have in-licensed a portion of our intellectual property, and, if we fail to comply with our obligations under these arrangements, we could lose such intellectual property rights or owe damages to the licensor of such intellectual property
- 32We may need to license certain intellectual property from third parties, and such licenses may not be available on commercially reasonable terms or at all
- 33Confidentiality agreements with employees and third parties may not prevent unauthorized disclosure of proprietary information
- 34If our trademarks and trade names are not adequately protected, then we may not be able to build name recognition in our markets of interest and our business may be adversely affected
Risks Related to Commercialization of our Product Candidates
- 35Our future commercial success depends upon attaining significant market acceptance of our product candidates, if approved, among physicians, patients, third-party payers and others in the medical community85% rewritten
- 36Our current and anticipated future dependence upon others for the manufacture of our product candidates or products may adversely affect our future profit margins and our ability to commercialize any products that receive marketing approval on a timely and competitive basisNew
- 37If we are unable to establish sales, marketing and distribution capabilities, we may not be successful in commercializing our product candidates if they are approved
- 38We may encounter difficulties in managing our growth and expanding our operations successfully
- 39We may not be successful in establishing and maintaining strategic partnerships, which could adversely affect our ability to develop and commercialize products
- 40candidates could delay the development and commercialization of our product candidates and reduce their competitiveness even if they reach the market
- 41As part of our business strategy, we may pursue acquisitions of assets or licenses of assets, including preclinical, clinical or commercial stage products or product candidates, businesses, strategic alliances, joint ventures and collaborations, to expand our existing technologies and operations
- 42If product liability lawsuits are brought against us, we may incur substantial liabilities and may be required to limit commercialization of our product candidates
- 43A breakdown in our information technology systems could result in a significant disruption to our business76% rewritten
- 44Our vendors may in turn incorporate AI tools into their offerings, and the providers of these AI tools may not meet existing or rapidly evolving regulatory or industry standards, including with respect to privacy and data securityNew
Risks Related to Reimbursement and Government Regulation
- 45Coverage and reimbursement may be limited or unavailable in certain market segments for our product candidates, if they are approved, which could make it difficult for us to sell our products profitably
- 46Price controls may be imposed, which may adversely affect our future profitability
- 47The impact of recent health care reform legislation and other changes in the health care industry and in health care spending on us is currently unknown and may adversely affect our business model50% rewritten
- 48The effect of these healthcare reform initiatives on our business and the pharmaceutical industry in general is not yet known but could be substantial and materially adverse to our ability to successfully commercialize our product candidates at profitable price pointsNew
- 49these laws has increased in recent years, and violations could result in substantial penalties and reputational harmNew
- 50We must comply with data privacy and security laws and regulations, and failure to comply with these laws and regulations could expose us to significant liabilities59% rewritten
- 51We are subject to extensive government regulatory compliance and ethics oversight, and we will need to develop more extensive compliance and ethics policies in the future
- 52Our employees, independent contractors, principal investigators, consultants, commercial partners and vendors may engage in misconduct or other improper activities, including non-compliance with regulatory standards and requirements
- 53We must comply with environmental laws and regulations, and failure to comply with these laws and regulations could expose us to significant liabilities
Risks Related to our Securities
- 54The trading price of our common stock has been volatile with substantial price fluctuations on heavy volume, which could result in substantial losses for purchasers of our common stock and existing stockholders
- 55Our stock price has been and, in the future, may be subject to substantial volatility. Since our common stock began trading on a post-reverse stock split basis on September 14, 2018 and through December 31, 2025, our stock has traded in a range with a low of $1.51 and a high of $36.25
- 56Future sales and issuances of our common stock or rights to purchase common stock could result in substantial dilution to the percentage ownership of our stockholders
- 57If we do not meet the continued listing standards of Nasdaq our common stock could be delisted from trading, which could limit investors’ ability to make transactions in our common stock and subject us to additional trading restrictions
- 58Shares that we may issue in the future in connection with certain capital-raising transactions and shares available for future issuance upon exercise of warrants and options could dilute our stockholders and depress the market price of our common stock
- 59We can give no assurances that we will ever pay dividends
Risks Related to Our Indebtedness
- 60Our operating activities may be restricted as a result of covenants related to our term loan obligation, which we may be required to repay in an event of default, which could have a materially adverse effect on our businessNew
- 61Our level of indebtedness and debt service obligations could adversely affect our financial condition and may make it more difficult for us to fund our operationsNew
Other Altimmune 10-Ks
- FY2024 10-K risk factors62 risks
Clinical-stage biotechnology company dependent on the success of its lead product candidate pemvidutide for obesity and MASH. Substantial operating losses and reliance on external financing to fund ongoing development and clinical trials. Heavy dependence on third-party manufacturers and contractors for clinical trials and supply chain.
Filed Feb 27, 2025
About this page
The headings are the filing's own. The one-line readings and the overview are automated and can be wrong: read Item 1A of the 10-K for the exact wording.