- We and BI 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.
- If we are unable to obtain or protect
intellectual property rights related to our product candidates, we may not be able
to compete effectively.
- If we fail to attract and keep senior management and key scientific personnel, we may be unable to successfully develop
our product candidates, conduct our clinical trials and commercialize our product candidates.
We were incorporated in Delaware in May 2001. Our principal executive offices are located at 502 West Office Center Drive, Fort
Washington, Pennsylvania 19034 and our telephone number is (215) 461-2000. Our website address is www.vitaepharma.com. The inclusion of our
website address in this prospectus is, in each case, intended to be an inactive textual reference only and not an active hyperlink to our website. The information contained in, or that can be accessed
through, our website is not part of this prospectus.
Emerging Growth Company Status
We are an "emerging growth company," as defined in the Jumpstart Our Business Startups Act of 2012, or the JOBS Act, and are eligible
to take advantage of certain exemptions from various reporting requirements that are applicable to other public companies that are not "emerging growth companies," including, but not limited to:
presenting only two years of audited financial statements in addition to any required unaudited interim financial statements with correspondingly reduced "Management's Discussion and Analysis of
Financial Condition and Results of Operations" disclosure in this prospectus; not being required to comply with the auditor attestation requirements of Section 404 of the Sarbanes-Oxley Act of
2002, or the Sarbanes-Oxley Act; having reduced disclosure obligations regarding executive compensation in our periodic reports and proxy or information statements; being exempt from the requirements
to hold a non-binding advisory vote on executive compensation or seek stockholder approval of any golden parachute payments not previously approved; and not being required to adopt certain accounting
standards until those standards would otherwise apply to private companies. As an "emerging growth company" under the JOBS Act, we are permitted to delay the adoption of new or revised accounting
pronouncements applicable to public companies until such pronouncements are made applicable to private companies. However, we are electing not to take advantage of such extended transition period, and
as a result, we will comply with new or revised accounting standards on the relevant dates on which adoption of such standards is required for non-emerging growth companies. Section 107 of the
JOBS Act provides that our decision to not take advantage of the extended transition period for complying with new or revised accounting standards is irrevocable.
we are still evaluating our options under the JOBS Act, we may take advantage of some or all of the reduced regulatory and reporting requirements that will be available to us so
long as we qualify as an "emerging growth company" and thus the level of information we provide may be different than that of other public companies. If we do take advantage of any of these
exemptions, some investors may find our securities less attractive, which could result in a less active trading market for our common stock, and our stock price may be more volatile.
could remain an "emerging growth company" until the earliest to occur of:
- the last day of the fiscal year following the fifth anniversary of this offering;
- the last day of the first fiscal year in which our
annual gross revenues exceed $1 billion;
- the last day of the fiscal year in which we are deemed to be a "large accelerated filer" as defined in Rule 12b-2
under the Securities Exchange Act of 1934, as amended, or the Exchange Act, which would occur if the market value of our common stock held by non-affiliates exceeded $700 million as of the last
business day of the second fiscal quarter of such fiscal year; or
- the date on which we have issued more than $1 billion in non-convertible debt securities during the preceding