Revised Amendment Agreements  

On November 23, 2016, the Company and the parties that intended to execute certain amendment agreements (the “Amendment Agreements”) to amend and restate the convertible senior notes (the “2015 Notes”) issued pursuant to those certain securities purchase agreements, dated as of April 22, 2015 and May 7, 2015, determined that the form of Amendment Agreement filed as an exhibit to the Company’s Current Report on Form 8-K, as filed on November 25, 2016, did not conform to the business understanding of such parties and, as such, the Company and such parties agreed to revise the Amendment Agreements to (i) contemplate the issuance to the holders of the 2015 Notes of additional warrants (the “Additional Warrants”) to purchase an aggregate of 2,222,217 shares of the Company’s common stock, par value $0.0001 per share (“Common Stock”), at an exercise price of $3.00 per share (the “Additional Warrant Shares”), in connection with the amendment and restatement of such 2015 Notes and (ii) clarify that the principal amount of such 2015 Notes, upon the amendment and restatement thereof, will be increased to reflect an original issue discount.

Amendment Agreement and Waiver

On December 1, 2016, the Company and certain parties to that certain securities purchase agreement, dated as of November 23, 2016 (the “Purchase Agreement”), pursuant to which the Company agreed to issue to 15 accredited investors (each, an “Investor”) unregistered convertible senior secured promissory notes in principal amount of approximately $3.6 million (the “Convertible Senior Notes”) and five-year warrants (each, a “Warrant”) to purchase an aggregate of 1,423,200 shares of Common Stock at an exercise price of $3.00 per share (the “Warrant Shares” and the transaction, collectively, the “December 2016 Financing”), each entered into an amendment agreement and waiver (the “Amendment Agreement and Waiver”), pursuant to which such parties to the Purchase Agreement waived the effect of the issuance of the Additional Warrants pursuant to the Amendment Agreements on certain representations, warranties and covenants in the Purchase Agreement and any obligation of the Company to issue securities directly or indirectly contemplated by the Amendment Agreements. Additionally, the Company and each of the parties to an Amendment Agreement and Waiver amended certain definitions in the Purchase Agreement and the form of Convertible Senior Note attached thereto in order to accommodate the amendment and restatement of the 2015 Notes and the issuance of the Additional Warrants. The foregoing amendments and waivers are binding upon all of the parties to the Purchase Agreement.

The form of Amendment Agreement and Waiver is attached as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference. The forms of revised Amendment Agreement and Additional Warrant are attached as Exhibits 4.1 and 4.2, respectively, to this Current Report on Form 8-K and are also incorporated herein by reference. The foregoing descriptions of these agreements and instruments do not purport to be complete and are qualified in their entirety by reference to such exhibits.