And Deme says I never read, well, Deme, meet Luke. Anyway, Luke, read the Form 8-K, it looks to me like ACT has the upper hand in this deal, and that means Lincoln Park Capital knows ACT really has something great going on here :
"ACT controls the timing and amount of any sales of common stock to LPC at a known price;
LPC cannot require ACT to make sales, but is obligated to make purchases as ACT directs in accordance with the terms of the agreement;
There is no upper limit on the price per share that LPC could be obligated to pay for shares of common stock under the agreement; and
There are no limitations on use of proceeds, financial covenants, restrictions on future financings, rights of first refusal, participation rights, penalties or liquidated damages. "