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11. STOCKHOLDERS EQUITY | 12 Months Ended
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Sep. 30, 2013
Notes to Financial Statements |
11. STOCKHOLDERS' EQUITY | On December 10, 2010, the Company entered into a sales agreement with McNicoll Lewis & Vlak LLC (MLV) relating to shares of common stock which have been registered by means of a shelf registration statement filed in July 2009. The Company may offer and sell shares of its common stock, having an aggregate offering price of up to $30 million from time to time through MLV acting as agent and/or principal. During the fiscal year ended September 30, 2011, the Company sold 742,398 shares of common stock for a gross amount of $4,144,712, and the Company received a net amount after commissions and fees of $3,936,284. The agreement was terminated in December 2011. During the year ended September 30, 2013, no warrants were exercised. During the year ended September 30, 2012, 650,000 Series O warrants issued in connection with a licensing agreement with Byron (see Note 2), were exercised. The Company received $1,625,000 from the exercise of these warrants. During the year ended September 30, 2011, 100,000 Series O warrants were exercised. The Company received $250,000 from the exercise of these warrants. In October 2011, the Company sold 1,333,334 shares of its common stock, at a price per share of $3.00, in a registered direct offering to institutional investors, representing gross proceeds of $4.0 million. Investors also received Series F warrants to purchase up to 1,200,000 shares of the Company’s common stock at a purchase price of $4.00 at any time prior to October 6, 2014. The Company paid Chardan Capital Markets, LLC, the placement agent for this offering, a cash commission of $140,000, and issued 66,667 Series G warrants to Chardan. Each Series G warrant entitles the holder to purchase one share of the Company’s common stock. The Series G warrants may be exercised at any time prior to August 12, 2014 at a price of $4.00 per share. This financing triggered the reset provision warrants which resulted in the issuance of an additional 83,333 shares of common stock. The cost of additional shares issued was $250,000. This cost was recorded as a debit and a credit to additional paid-in capital and was deemed a dividend. As of September 30, 2013, all of the Series F and G warrants remained outstanding, with a fair value of $12,667, which is shown on the Company’s balance sheet as a derivative liability (see Note 2). In January 2012, the Company sold 1,600,000 shares of its common stock, at a price per share of $3.60, in a registered direct offering to institutional investors, representing gross proceeds of $5.76 million. Investors also received Series H warrants to purchase up to 1,200,000 shares of the Company’s common stock at a purchase price of $5.00 at any time prior to August 1, 2015. The Company paid Chardan Capital Markets, LLC, the placement agent for this offering, a cash commission of $403,200. The Company accounted for the Series H warrants as a derivative liability in accordance with ASC 815. The initial cost of the warrants was $2,400,000 was recorded as a debit to additional paid in capital and a credit to derivative liabilities. As of September 30, 2013, all of the Series H warrants remained outstanding, with a fair value of $36,000, which is shown on the Company’s balance sheet as a derivative liability (see Note 2). In June 2012, the Company sold 1,600,000 shares of its common stock, at a price per share of $3.50, in a registered direct offering to institutional investors, representing gross proceeds of $5.60 million. Investors also received Series Q warrants to purchase up to 1,200,000 shares of the Company’s common stock at a purchase price of $5.00 at any time prior to December 22, 2015. The Company paid Chardan Capital Markets, LLC, the placement agent for this offering, a cash commission of $448,000. As of September 30, 2013, all of the Series Q warrants remained outstanding, with a fair value of $48,000, which is shown on the Company’s balance sheet as a derivative liability (see Note 2). In December 2012, the Company sold 3,500,000 shares of its common stock for $10,500,000, or $3.00 per share, in a registered direct offering. The investors in this offering also received Series R warrants which entitle the investors to purchase up to 2,625,000 shares of the Company’s common stock. The Series R warrants may be exercised at any time before December 6, 2016 at a price of $4.00 per share. The Company paid Chardan Capital Markets, LLC, the placement agent for this offering, a cash commission of $682,500. As of September 30, 2013, all of the Series R warrants remained outstanding, with a fair value of $288,750, which is shown on the Company’s balance sheet as a derivative liability (see Note 2). During the year ended September 30, 2012, Series K and Series L warrants were exercised resulting in the issuance of 369,120 shares of common stock at prices ranging from $3.00 to $3.40. The Company received a total of $1,131,359 from the exercise of these warrants. During the year ended September 30, 2011, stock options were exercised resulting in the issuance of 2,927 shares of common stock at prices ranging from $2.20 to $4.80. The Company received a total of $13,056 from the exercise of these options. During the year ended September 30, 2013, 138,297 shares of common stock were issued in payment of invoices totaling $360,925. During the year ended September 30, 2012, 160,618 shares of common stock were issued in payment of invoices totaling $558,292 with an average cost of $3.50 per share. The amount included in general and administrative expenses was $503,167 (which excludes $53,333 as a prepayment for services to be provided after September 30, 2012) and $1,792 was included in research and development expenses. A corresponding increase to additional paid in capital was also recorded. During the year ended September 30, 2011, 34,828 shares of common stock were issued in payment of invoices totaling $214,123.

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