TKNO on Nasdaq

Alpha Teknova, Inc.

Alpha Teknova, Inc. is an American in vitro and in vivo diagnostic substances company based in Hollister.1 Its shares trade on Nasdaq under the symbol TKNO.1

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Last updated Oct 21, 2026.

Overview

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  • TickerTKNO on Nasdaq1
  • IndustryIn Vitro & In Vivo Diagnostic Substances1
  • HeadquartersHollister, California1
  • Incorporated inDE2
  • Business address2451 Bert Drive, Hollister, Ca 950232
  • Filer categoryNon-accelerated filer, Smaller reporting company, Emerging growth company2
  • Legal formCorporation

Financials

From the company’s reports to the SEC. Every number links to the filing it came from.

Key numbers, fiscal 2025

33.2%Gross margin3
-41.9%Operating margin3
-42.6%Net margin3
7.4%Revenue growth, 20253
-25.1%Return on equity3
0.19×Debt to equity3
-$9.8MFree cash flow3

What sells

Revenue by product, business segment and region, as the company reports it to the SEC.

Products and services

Lab Essentials brought in 77% of the revenue Alpha Teknova, Inc. broke down this way in fiscal 2025.

  1. Lab Essentials$31.0M377%up 7% from 2024
  2. Clinical Solutions$7.7M319%up 8% from 2024
  3. Other Product$1.8M35%up 3% from 2024
Products and services by year
Products and services20242025
Lab Essentials$28.9M$31.0M
Clinical Solutions$7.1M$7.7M
Other Product$1.8M$1.8M

Regions

United States brought in 94% of the revenue Alpha Teknova, Inc. broke down this way in fiscal 2025.

  1. United States$38.2M394%up 6% from 2024
  2. Outside the United States$2.3M36%up 24% from 2024
Regions by year
Regions20242025
United States$35.9M$38.2M
Outside the United States$1.8M$2.3M

Where the money goes

Where each dollar of revenue went, fiscal 2025

  • Cost of revenue67¢$27.1M
  • Research and development5¢$2.2M
  • Other costs28¢$11.2M
  • Income tax0¢$58.0K

Out of $40.5M in revenue.3 The company lost money this year.

Financial statements

Revenue45673$40.5M in 2025+29% since 2020
0$20.0M$40.0M$60.0M2020: $31.3M$31.3M20202021: $36.9M$36.9M2021+18%2022: $41.4M$41.4M2022+12%2023: $36.7M$36.7M2023−11%2024: $37.7M$37.7M2024+3%2025: $40.5M$40.5M2025+7%
Gross profit45673$13.4M in 2025−24% since 2020
0$5.0M$10.0M$15.0M$20.0M2020: $17.8M$17.8M20202021: $17.6M$17.6M2021−1%2022: $17.5M$17.5M2022−1%2023: $10.3M$10.3M2023−41%2024: $7.2M$7.2M2024−30%2025: $13.4M$13.4M2025+86%
Operating income45673-$17.0M in 2025
-$60.0M-$40.0M-$20.0M0$20.0M2020: $4.7M$4.7M20202021: -$12.0M-$12.0M20212022: -$49.7M-$49.7M2022+314%2023: -$35.6M-$35.6M2023−28%2024: -$26.1M-$26.1M2024−26%2025: -$17.0M-$17.0M2025−35%
Net income45673-$17.3M in 2025
-$60.0M-$40.0M-$20.0M0$20.0M2020: $3.6M$3.6M20202021: -$9.8M-$9.8M20212022: -$47.5M-$47.5M2022+384%2023: -$36.8M-$36.8M2023−23%2024: -$26.7M-$26.7M2024−27%2025: -$17.3M-$17.3M2025−35%

Every line of the income statement as filed: the last 2 fiscal years, latest first.3

Period ending2025-12-312024-12-31
Revenue$40.5M$37.7M
Cost of sales$27.1M$30.5M
Gross profit$13.4M$7.2M
Research and development$2.2M$2.8M
Sales and marketing$6.8M$6.3M
General and administrative$20.3M$23.1M
Amortization of intangible assets$1.1M$1.1M
Total operating expenses$30.4M$33.4M
Loss from operations-$17.0M-$26.1M
Interest expense, net-$710.0K-$687.0K
Other adjustment to loan exit fee$485.0K$0
Total other expenses, net-$225.0K-$687.0K
Loss before income taxes-$17.2M-$26.8M
Provision for (benefit from) income taxes$58.0K-$88.0K
Net loss-$17.3M-$26.7M
Net loss per share - basic-$0.32-$0.57
Net loss per share - diluted-$0.32-$0.57
Weighted average shares used in computing net loss per share - basic53.5M shares46.7M shares
Weighted average shares used in computing net loss per share - diluted53.5M shares46.7M shares

Compare Alpha Teknova, Inc. with another company

Corporate structure

Alpha Teknova, Inc. sits at the top of its group. 1 entity, 1 country on record. Switch between the flow chart and the network, and select any entity to see its details.

Major holders of Alpha Teknova, Inc.

  • Telegraph Hill Partners IV, L.P. Filed SC 13D on Alpha Teknova, Inc., latest Jul 19, 2024 (4 filings since Feb 14, 2022)
  • Ted Davis Filed SC 13G on Alpha Teknova, Inc., latest Feb 14, 2022
  • Alpha Teknova, Inc. Hollister, California

Built from major holders from Schedules 13D and 13G. Each entity in the chart links to its source.

What it owns

What Alpha Teknova, Inc. reports owning in its annual reports to the SEC: buildings, land and equipment, real estate and locations, investments, intangible assets and inventory, at the end of its latest fiscal year and a year before.

Property and equipment

ItemLatestA year beforeChange
Construction in progress$2.9M3 Dec 31, 2025$2.6M3 Dec 31, 2024+11.2%
Accumulated depreciation$17.4M3 Dec 31, 2025$12.2M3 Dec 31, 2024+41.9%
Property and equipment, net$41.7M3 Dec 31, 2025$45.8M3 Dec 31, 2024−8.8%
Operating-lease assets (leased space)$14.1M3 Dec 31, 2025$15.8M3 Dec 31, 2024−10.5%

Investments

ItemLatestA year beforeChange
Cash and cash equivalents$5.9M3 Dec 31, 2025$3.7M3 Dec 31, 2024+59.4%
Marketable securities, current$15.4M3 Dec 31, 2025$26.7M3 Dec 31, 2024−42.2%

Intangibles and goodwill

ItemLatestA year beforeChange
Intangible assets, net (excluding goodwill)$11.9M3 Dec 31, 2025$13.1M3 Dec 31, 2024−8.8%
Accumulated amortization$8.0M3 Dec 31, 2025$6.8M3 Dec 31, 2024+16.8%
Finite-lived intangibles, net$1.2M3 Dec 31, 2025$2.3M7 Dec 31, 2024−49.0%

Inventory

ItemLatestA year beforeChange
Inventory, total$7.1M3 Dec 31, 2025$6.8M3 Dec 31, 2024+3.7%
Raw materials$2.8M3 Dec 31, 2025$2.1M3 Dec 31, 2024+34.7%
Work in process$101.0K3 Dec 31, 2025$24.0K3 Dec 31, 2024+320.8%
Finished goods$4.1M3 Dec 31, 2025$4.7M3 Dec 31, 2024−11.9%

Properties, in its own words

See Item 1. “Business – Facilities” for specific information about our commercial, office, manufacturing, and warehouse space.

Item 2 of the 10-K filed Mar 2, 2026.10

Leadership

Who has led Alpha Teknova, Inc., and when. Pick a name to see everywhere that person has worked.

Board members and other officers (12)

Named in SEC Form D filings

People the company listed in its private-offering notices.

  • Executive OfficerLisa Hood named Sep 27, 2023 to Jul 22, 202424
  • DirectorBrett Matthew Robertson named Sep 27, 2023 to Jul 22, 202424
  • DirectorJohn Matthew Mackowski named Sep 27, 2023 to Jul 22, 202424
  • DirectorTed Matthew Davis named Sep 27, 2023 to Jul 22, 202424

Timeline

  1. Aug 5, 20268-K Results of operations25
  2. Jun 1, 20268-K Executive or director change; Shareholder vote26
  3. May 6, 20268-K Results of operations; Code of ethics changed27
  4. Feb 26, 20268-K Results of operations28
  5. Nov 6, 20258-K Results of operations29
  6. Aug 7, 20258-K Results of operations30
  7. Jun 23, 20258-K Shareholder vote31
  8. May 8, 20258-K Results of operations32
  9. Mar 4, 20258-K Entered a material agreement; Results of operations33
  10. Nov 7, 20248-K Results of operations34
  11. Aug 13, 20248-K Results of operations35
  12. Jul 12, 20248-K Entered a material agreement; Unregistered sale of shares; Other events36
  13. Feb 17, 2022New chief executive Stephen Gunstream becomes CEO11

Calendar

Coming up

  1. Nov 5, 2026Reports results for the quarter ending Sep/2026 A year earlier it reported ($0.08) a share, on Nov 6, 2025.37

When it reported results

  1. Aug 5, 2026Reported quarterly or annual results25
  2. May 6, 2026Reported quarterly or annual results27
  3. Feb 26, 2026Reported quarterly or annual results28
  4. Nov 6, 2025Reported quarterly or annual results29
  5. Aug 7, 2025Reported quarterly or annual results30
  6. May 8, 2025Reported quarterly or annual results32
  7. Mar 4, 2025Reported quarterly or annual results33
  8. Nov 7, 2024Reported quarterly or annual results34

Upcoming dates from Nasdaq's calendar; past results from the company's 8-K filings (Item 2.02). The full markets calendar

Filings

173 filings to the SEC since October 2021: 5 annual reports, 15 quarterly reports, 36 major events, 71 insider forms, 5 large holders, 2 private raises, 39 other. The latest 20:

  1. Aug 6, 202610-Q EDGAR
  2. Aug 5, 20268-K EDGAR
  3. Jul 16, 20264 PRIMARY DOCUMENT EDGAR
  4. Jun 2, 20264 PRIMARY DOCUMENT EDGAR
  5. Jun 2, 20264 PRIMARY DOCUMENT EDGAR
  6. Jun 2, 20264 PRIMARY DOCUMENT EDGAR
  7. Jun 1, 20268-K EDGAR
  8. May 7, 202610-Q EDGAR
  9. May 6, 20268-K EDGAR
  10. Apr 21, 2026ARS EDGAR
  11. Apr 21, 2026DEFA14A EDGAR
  12. Apr 21, 2026DEF 14A EDGAR
  13. Mar 9, 20264 PRIMARY DOCUMENT EDGAR
  14. Mar 9, 20264 PRIMARY DOCUMENT EDGAR
  15. Mar 9, 20264 PRIMARY DOCUMENT EDGAR
  16. Mar 2, 202610-K EDGAR
  17. Feb 26, 20268-K EDGAR
  18. Nov 7, 202510-Q EDGAR
  19. Nov 6, 20258-K EDGAR
  20. Aug 8, 202510-Q EDGAR

The 173 filings since October 2021 can be filtered by form type and year here when JavaScript is on.

Every filing from the last five years, summarized. The full record is on SEC EDGAR.

Insider trades

31 open-market trades by officers, directors and large owners since October 2021: 27 buys and 4 sales. Grants, option exercises and gifts are left out.

DateWhoTradeSharesPriceValueFiling
Mar 6, 2026Gunstream StephenPresident and CEOBuy26,000$2.15$55.9KForm 4
Mar 6, 2026Lowell MatthewChief Financial OfficerBuy40,000$2.19$87.6KForm 4
Jun 27, 2025DEMSKI MARTHA JDirectorSale8,000$5.06$40.5KForm 4
Jul 12, 2024Lowell MatthewChief Financial OfficerBuy40,322$1.24$50.0KForm 4
Jul 12, 2024Gunstream StephenPresident and CEOBuy80,645$1.24$100.0KForm 4
Jul 12, 2024Telegraph Hill Partners IV, L.P.10% ownerBuy12,096,773$1.24$15.0MForm 4
Nov 30, 2023Gelhaus KenChief Commercial OfficerBuy3,587$1.73$6.2KForm 4
Sep 19, 2023Terrill DamonGeneral Counsel and CCOBuy27,027$1.85$50.0KForm 4
Sep 19, 2023MACKOWSKI J MATTHEWDirectorBuy810,810$1.85$1.5MForm 4
Sep 19, 2023Lowell MatthewChief Financial OfficerBuy54,054$1.85$100.0KForm 4
Sep 19, 2023Gunstream StephenPresident and CEOBuy54,054$1.85$100.0KForm 4
Sep 19, 2023Telegraph Hill Partners Management Company, LLC10% ownerBuy8,108,107$1.85$15.0MForm 4
Jun 13, 2023Hood LisaChief People OfficerSale11,400$3.80$43.3KForm 4
May 26, 2023Davis TedDirectorBuy2,000$3.21$6.4KForm 4
May 26, 2023Davis IreneDirectorBuy2,000$3.21$6.4KForm 4
May 17, 2023Hood LisaChief People OfficerSale3,119$2.04$6.4KForm 4
May 12, 2023Gunstream StephenPresident and CEOBuy4,665$1.67$7.8KForm 4
May 12, 2023Gelhaus KenChief Commercial OfficerBuy3,915$1.67$6.5KForm 4
May 12, 2023Hood LisaChief People OfficerBuy3,119$1.67$5.2KForm 4
Nov 15, 2022Hood LisaChief People OfficerSale2,046$5.28$10.8KForm 4

All 31 trades can be filtered by person here when JavaScript is on.

From Forms 4 filed with the SEC.

Major holders

Investors who own more than 5% of the shares must tell the SEC: a 13D if they may seek to influence the company, a 13G if they hold passively.

Funding

Where the company's money came from, by calendar year: private offerings filed with the SEC, federal grants, loans, contracts and other assistance from USAspending.gov, and PPP loans from the SBA. Each bar links to the records below.

Money received by year$41.8M 2023–2023
Money received by yearMoney received by year, 2023–2023: $41.8M in all. Private raises (Form D) $41.8M.$0$20M$40M$60M2023 · Private raises (Form D): $41.8M2023
Figures by year
YearPrivate raises (Form D)Total
2023$41.8M$41.8M

Private raises

Private offerings the company reported to the SEC on Form D. The amount is what the latest filing says was sold so far, charted in the year of the first sale. Covers filings since Oct 1, 2021.

  1. Sep 15, 2023Raised $20.9 million in a private offering of equity40 Form D: 23 investors so far Form D
  2. Sep 15, 2023Raised $20.9 million in a private offering of equity24 Form D: 23 investors so far Form D

Held by these funds

The largest holders among investment managers' 13F reports for the quarter ending Jun 30, 2026, the top 25 of 80. Change is in shares since the quarter before.

FundSharesValueShare of the fundChange
Royce & Associates LP1,661,395$9.4M0.1%+592,233
Vanguard Capital Management LLC1,614,045$9.2M0.0%+1,172,166
Roubaix Capital, LLC1,579,404$9.0M3.2%−302,951
BlackRock, Inc.879,786$5.0M0.0%+163,012
UBS Group AG631,967$3.6M0.0%+306,804
Conestoga Capital Advisors, LLC314,554$1.8M0.0%−2,530
Geode Capital Management, LLC311,818$1.8M0.0%+3,945
Bank Of America Corp /de/255,760$1.5M0.0%+27,474
Goldman Sachs Group Inc172,017$977.1K0.0%+53,578
State Street Corp164,885$936.5K0.0%+9,796
Aqr Capital Management LLC113,774$646.2K0.0%+47,369
Bank of New York Mellon Corp106,420$604.5K0.0%+6,451
Vanguard Fiduciary Trust Co103,467$587.7K0.0%+28,378
Morgan Stanley98,799$561.2K0.0%−18,191
Northern Trust Corp90,214$512.4K0.0%−5,764
Bridgeway Capital Management, LLC80,900$459.5K0.0%+25,000
Divisadero Street Capital Management, LP78,872$448.0K0.0%No change
Vanguard Portfolio Management LLC76,062$432.0K0.0%+11,551
Millennium Management LLC74,966$425.8K0.0%−372,172
Wells Fargo & Company/mn69,225$393.2K0.0%+65,275
Nano Cap New Millennium Growth Fund L P67,500$383.4K0.3%+17,500
Apollo Management Holdings, L.P.65,036$369.4K0.0%No change
Walleye Capital LLC46,362$263.3K0.0%New
Jane Street Group, LLC36,847$209.3K0.0%−24,652
Squarepoint Ops LLC35,948$204.2K0.0%−88,412

13F reports cover disclosed long positions in U.S. stocks only.

SEC filer profile

How Alpha Teknova, Inc. is registered with the Securities and Exchange Commission, from its EDGAR record and the cover page of its latest annual report.

  • Name on EDGARAlpha Teknova, Inc.1
  • CIK0001850902
  • Employer ID (EIN)94-336810910
  • Filer statusNon-accelerated filer an emerging growth company; a smaller reporting company; not a shell company10
  • Incorporated inDelaware10
  • Fiscal year endsDecember 311
  • Industry code (SIC)2835 In Vitro & In Vivo Diagnostic Substances1
  • SEC reviewing officeOffice of Life Sciences, Division of Corporation Finance1
  • Business address2451 Bert Drive, Hollister, CA 950231
  • Phone83163711001
  • Shares outstanding53,688,246 as of Aug 5, 20269
  • Public float$53.5M as of Jun 30, 202510
  • AuditorGRANT THORNTON LLP, San Jose, California PCAOB ID 248; no auditor attestation of internal control over financial reporting10
  • On EDGAR sinceApr 5, 20211
  • Filings217 in all: 4 (74), 8-K (38), 10-Q (16), 3 (15), CORRESP (8), UPLOAD (6), 10-K (5), DEF 14A (5)1
    All 32 form types

    EFFECT (5), S-8 (5), 4/A (4), ARS (4), DEFA14A (4), S-1 (3), 424B3 (2), 424B5 (2), D (2), S-3 (2), SC 13G (2), SC 13G/A (2), SEC STAFF LETTER (2), 144 (1), 424B4 (1), 8-A12B (1), CERT (1), DEF 14C (1), DRS (1), DRS/A (1), DRSLTR (1), S-1/A (1), S-1MEF (1), SC 13D (1)

  • Latest filingsAnnual report (10-K) Mar 2, 2026
    Quarterly report (10-Q) Aug 6, 2026
    Proxy statement (DEF 14A) Apr 21, 2026
    Latest 8-K (8-K) Aug 5, 2026

Securities registered for trading

ClassSymbolExchange
Common Stock, par value $0.00001 per shareTKNOThe Nasdaq Stock Market LLC

From the cover page of the 10-K filed Mar 2, 2026 (Section 12(b) of the Exchange Act).10

Risk factors and legal proceedings

The risks Alpha Teknova, Inc. names in Item 1A of its 10-K filed Mar 2, 2026: 69 risks under these headings, as written.10

  • Risks Related to Our Business and Strategy
  • We have incurred operating losses in the past and may incur losses in the future.
  • Our operating results may fluctuate significantly in the future, making them difficult to predict, and they could fall below expectations or any guidance we may provide.
  • We have invested a significant amount of capital in our manufacturing facilities. We may not realize some or all of the anticipated benefits of this investment in the time frame anticipated, or at all.
  • If our products do not possess the required or expected quality characteristics or perform as expected, or if the reliability of the technology on which our products are based is questioned, we could experience lost revenue, delayed or reduced market acceptance of our products, increased costs, and damage to our reputation.
  • We are dependent on our customers’ spending on and demand for our products. A reduction in spending or demand, including as a result of changes in economic conditions, could have a material adverse effect on our business, financial condition, results of operations, cash flows, and prospects.
  • Our customers' research and development, and the clinical and market success of their products, may significantly influence our business, financial condition, and results of operations.
  • If we cannot maintain our current relationships with customers, if we fail to sustain recurring sources of revenue with our existing customers, or if we fail to enter into new customer relationships, our future operating results will be adversely affected.
  • We compete with life science, pharmaceutical, and biotechnology companies, some of whom are our customers, who are substantially larger than we are and potentially capable of developing new approaches that could make our products and technology obsolete or develop their own internal capabilities that compete with our products, making it difficult for us to implement our strategies for revenue growth.
  • Our products are highly complex and are subject to quality control and assurance requirements.
  • If our customers do not qualify our quality systems, or if we are unable to maintain our ISO certification, our operating results could suffer.
  • If we cannot provide quality technical and applications support, we could lose customers and our business and prospects would suffer.
The other 58 risks
  • We depend on a stable and adequate supply of quality raw materials from our suppliers, and price increases or interruptions of such supply could have an adverse impact on our business, financial condition, results of operations, cash flows, and prospects.
  • If we are unable to manufacture or ship our products to meet demand, our operating results will suffer.
  • Future strategic investments or transactions may require us to seek additional financing, which we may not be able to secure on favorable terms, if at all.
  • Natural disasters (including earthquakes, fire, and drought), geopolitical unrest, war, terrorism, public health issues, or other catastrophic events, some possibly related to the increasing effects of climate change, could disrupt the supply, production, delivery, or demand of our products, which could negatively affect our operations and performance.
  • Because we rely heavily on third-party package delivery services, a significant disruption in these services, damages or losses sustained during shipping or significant increases in prices could adversely affect our business, financial condition, results of operations, cash flows, and prospects.
  • If we are unable to continue to hire and retain skilled personnel, we will have trouble developing and marketing our products.
  • Our corporate culture has contributed to our success, and if we cannot maintain this culture as we grow, we could lose the innovation, creativity, and teamwork fostered by our culture and our business may be harmed.
  • We may enter into additional distribution arrangements and marketing alliances for certain products and services or certain geographic areas, and any failure to successfully identify and implement these arrangements on favorable terms, if at all, may impair our ability to effectively distribute and market our products.
  • Our success depends on the market acceptance of our bacterial cell culture media, specialized chromatography solutions, and molecular biology reagents, which we manufacture subject to GMP quality standards. Our bacterial cell culture media, specialized chromatography solutions, and molecular biology reagents may not achieve or maintain significant commercial market acceptance.
  • Due to the significant resources required to access new markets, we must make strategic and operational decisions to prioritize certain markets, and product offerings, and there can be no assurance that we will allocate our resources in a way that results in meaningful revenue or capitalizes on potential new markets.
  • Our estimates of market sizes and opportunity may prove to be inaccurate, and even if the market in which we compete achieves the forecasted growth, our business could fail to grow at similar rates, if at all.
  • Product liability lawsuits against us could cause us to incur substantial liabilities, limit sales of our existing products, and limit commercialization of any products that we may develop.
  • We are subject to stringent and evolving data privacy and information security laws, regulations, and standards, as well as policies and contractual obligations related to data privacy and security, and changes in these could adversely affect our business.
  • Our internal computer systems, or those of our suppliers, customers, or contractors, have been and may in the future be subject to cyberattacks or security breaches, which could result in a material disruption of our business or otherwise adversely affect our business, financial condition, results of operations, cash flows, and prospects.
  • We are dependent upon information technology systems, which are subject to disruption, damage, and failure.
  • Changes in political, economic, or governmental regulations may reduce demand for our products or increase our expenses.
  • Changes in the state and local regulatory environment could limit our business activities or increase our operating costs.
  • Future acquisitions, if any, may expose us to risks that could adversely affect our business, and we may not achieve the anticipated benefits of acquisitions of businesses or technologies.
  • We and our customers’ respective business operations are and will continue to be subject to extensive laws and regulations, and assessing the applicability and relevant requirements of, and maintaining compliance with, these laws and regulations can be expensive and time-consuming.
  • Our products could become subject to regulation by the FDA or other regulatory agencies in the future, which could increase our costs and delay or prevent commercialization of our products, thereby materially and adversely affecting our business, financial condition, results of operations, cash flows, and prospects.
  • We rely on assumptions, estimates, and data to calculate certain of our key metrics, and real or perceived inaccuracies in such metrics may harm our reputation and negatively affect our business.
  • We may be required to record a significant charge to earnings if our intangible or long-lived assets, or other investments become impaired.
  • Changes in accounting principles and guidance could result in unfavorable accounting charges or effects.
  • Our revenue recognition and other factors may impact our financial results in any given period and make them difficult to predict.
  • Our ability to use net operating loss carryforwards to reduce future tax payments may be limited.
  • Risks Related to Our Intellectual Property
  • Our inability to protect our intellectual property could have a material adverse effect on our business. In addition, third parties may claim that we infringe or have disclosed their intellectual property or proprietary information, and we could suffer significant litigation or licensing expense as a result.
  • We rely primarily on trade secret laws, as well as confidentiality and non-disclosure agreements, and other contractual protections, to protect our intellectual property. If we are unable to protect the confidentiality of our intellectual property, the value of our technology and products could be materially adversely affected.
  • If we are sued for infringing, misappropriating, or otherwise violating intellectual property rights of third parties, such litigation could be costly and time-consuming and could prevent or delay us from developing or commercializing our current or future products.
  • Intellectual property litigation and other proceedings could cause us to expend substantial resources and distract our personnel from their normal responsibilities.
  • We may be subject to claims by third parties asserting that we or our employees, consultants, or independent contractors have misappropriated their intellectual property, or claiming ownership of what we regard as our own intellectual property and proprietary technology.
  • If our trademarks and trade names are not adequately protected, we may not be able to build name recognition in our markets of interest and our business, financial condition, results of operations, cash flows, and prospects may be adversely affected.
  • Intellectual property rights do not necessarily address all potential threats.
  • We may need or may choose to obtain licenses from third parties to allow commercialization of our current or future products, and we cannot provide any assurances that we would be able to do so.
  • Risks Related to Our Indebtedness
  • Our existing indebtedness could adversely affect our business and growth prospects.
  • Despite current indebtedness levels, we may incur substantially more indebtedness, which could further exacerbate the risks associated with our substantial indebtedness.
  • The terms of the Second Amended and Restated Credit Agreement may restrict our current and future operations, particularly our ability to respond to changes or to take certain actions. If we fail to comply with the covenants and other obligations under the Second Amended and Restated Credit Agreement, the lender may be able to accelerate amounts owed under the facilities and may foreclose upon the assets securing our obligations.
  • Risks Related to Our Common Stock
  • Telegraph Hill Partners Management Company LLC, through its affiliates THP IV LP, THP IV LLC, THP V LP, and THP V LLC controls us, and its interests may conflict with ours or yours in the future.
  • Our shares of common stock are listed on the Nasdaq Global Market, and we are a “controlled company” within the meaning of the rules and listing standards of The Nasdaq Stock Market LLC (Nasdaq). As a result, we qualify for, and intend to rely on, exemptions from certain corporate governance requirements. Our stockholders therefore do not have the same protections as those afforded to stockholders of companies that are subject to such governance requirements.
  • Because we are a public company, we are obligated to develop and maintain proper and effective internal control over financial reporting in order to comply with Section 404 of the Sarbanes-Oxley Act of 2002 (the
  • Sarbanes-Oxley Act). These internal controls may not be determined to be effective, which may adversely affect investor confidence in us and, as a result, the value of our common stock.
  • We are an “emerging growth company” and a “smaller reporting company,” and the reduced disclosure requirements applicable to emerging growth companies and smaller reporting companies may make our common stock less attractive to investors.
  • The requirements of being a public company may strain our resources and distract our management, which could make it difficult to manage our business, particularly after we are no longer an “emerging growth company” or if we cease to be a “smaller reporting company”.
  • Provisions of our corporate governance documents could make acquiring us more difficult and may prevent attempts by our stockholders to replace or remove our current directors or management, even if beneficial to our stockholders.
  • Our amended and restated certificate of incorporation designates the Court of Chancery of the State of Delaware as the exclusive forum for certain litigation that may be initiated by our stockholders and the federal district courts of the United States as the exclusive forum for litigation arising under the Securities Act, which could limit our stockholders’ ability to obtain a favorable judicial forum for disputes with us.
  • An active, liquid trading market for our common stock may not be sustained, which may limit your ability to sell your shares.
  • A significant portion of our total outstanding shares of common stock are available for immediate resale and may be sold into the market. This could cause the market price of our common stock to drop significantly, even if our business is doing well.
  • Because we have no current plans to pay regular cash dividends on our common stock and are prohibited from paying cash dividends under the Second Amended and Restated Credit Agreement, you may not receive any return on investment unless you sell your common stock for a price higher than you paid for it.
  • We may issue shares of preferred stock in the future, which could make it difficult for another company to acquire us or could otherwise adversely affect holders of our common stock, which could depress the price of our common stock.
  • Our future capital needs are uncertain and we may need to seek additional financing in the future, which we may not be able to secure on favorable terms, if at all.
  • Claims for indemnification by our directors and officers may reduce our funds available to satisfy successful third-party claims against us and may reduce the amount of money available to us.
  • General Risk Factors
  • Fluctuations in our effective tax rate may adversely affect our results of operations and cash flows.
  • Unanticipated changes in effective tax rates or adverse outcomes resulting from examination of our income or other tax returns could adversely affect our operating results and financial condition.
  • If our estimates or judgments relating to our critical accounting policies are based on assumptions that change or prove to be incorrect, our operating results could fall below the expectations of securities analysts and investors, resulting in a decline in the market price of our common stock.
  • Our disclosure controls and procedures may not prevent or detect all errors or acts of fraud.
  • Our employees, consultants, distributors, and commercial partners may engage in misconduct or other improper activities, including non-compliance with regulatory standards and requirements, and insider trading.
  • Our operating results and stock price may be volatile. Market volatility may affect the value of an investment in our common stock and could subject us to litigation.
  • If securities or industry analysts do not publish research or reports about our business, if our results of operations do not meet their expectations, if they publish unfavorable research or reports, adversely change their recommendations regarding our common stock or cease coverage of us, our stock price and trading volume could decline.
  • We may become the subject of various claims, litigation or investigations which could have a material adverse effect on our business, financial condition, results of operations, or stock price.

Legal proceedings

We are not a party to any material legal proceedings at this time. From time to time, we may become involved in various legal proceedings that arise in the ordinary course of business. For example, we may in the future become involved in legal proceedings relating to customers, employees, suppliers, competitors, government agencies, or others. We will evaluate any claims and lawsuits with respect to their potential merits, our potential defenses and counter claims, and the expected effect on us of defending the claims and a potential adverse result. However, the results of any litigation, investigation, or other legal proceedings are inherently unpredictable and potentially expensive. Any claims against us, whether meritorious or not, could be time-consuming, result in costly litigation, damage our reputation, require significant amounts of management time, and divert significant resources. If any legal proceedings were to be determined adversely to us, or we were to enter into a settlement arrangement, we could be exposed to monetary damages or limits on our ability to operate our business, which could have an adverse effect on our business, financial condition, and operating results. Information pertaining to loss contingencies,

including those arising out of potential legal liabilities and related matters, are described in Item 8, "Financial Statements and Supplementary Data - Note 15. Contingencies,” and incorporated by reference herein.

The opening of Item 3, Legal Proceedings.10

Sources

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