Private company

LIVEPERSON INC

LIVEPERSON INC is an American prepackaged software services company, incorporated in Delaware.1 It is headquartered in New York, New York.1

Last updated Oct 20, 2026.

Overview

  • IndustryServices-Prepackaged Software1
  • HeadquartersNew York, New York1
  • Incorporated inDE2
  • Business address530 7Th Avenue, Floor M1, New York, Ny 100182
  • Filer categoryAccelerated filer, Smaller reporting company2

LivePerson, Inc. (“LivePerson”, the “Company”, “we”, “our” or “us”) is a leader in digital customer conversation. Over the past two decades, consumers have made digital conversations their primary mode of communication with others. Since 1998, we have enabled meaningful connections between consumers and our customers through our platform and currently power nearly one billion conversational interactions each month. These digital and artificial intelligence (“AI”)-powered conversations decrease costs and increase revenue for our brands, resulting in more convenient, personalized and content-rich journeys across the entire consumer lifecycle, and across consumer channels. Our customers’ existing investments in Generative AI and Large Language Models (“LLMs”) are fully compatible with LivePerson’s enterprise-class digital customer conversation platform (the “LivePerson Platform”).4 From its latest annual report

Financials

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

Key numbers, fiscal 2025

-32.3%Operating margin5
-27.6%Net margin5
-22.0%Revenue growth, 20255
-$42.5MFree cash flow5

Where the money goes

Where each dollar of revenue went, fiscal 2025

  • Cost of revenue28¢$69.4M
  • Research and development22¢$54.7M
  • Other costs48¢$116.2M
  • Income tax1¢$3.5M

Out of $243.7M in revenue.5 The company lost money this year.

Financial statements

Revenue67895$243.7M in 2025−16% since 2019
0$200.0M$400.0M$600.0M2019: $291.6M$291.6M20192020: $366.6M$366.6M2020+26%2021: $469.6M$469.6M2021+28%2022: $514.8M$514.8M2022+10%2023: $402.0M$402.0M2023−22%2024: $312.5M$312.5M2024−22%2025: $243.7M$243.7M2025−22%
Operating income67895-$78.7M in 2025−10% since 2019
-$300.0M-$200.0M-$100.0M02019: -$87.0M-$87.0M20192020: -$89.5M-$89.5M2020+3%2021: -$93.3M-$93.3M2021+4%2022: -$221.9M-$221.9M2022+138%2023: -$111.4M-$111.4M2023−50%2024: -$183.2M-$183.2M2024+64%2025: -$78.7M-$78.7M2025−57%
Net income67895-$67.2M in 2025−30% since 2019
-$300.0M-$200.0M-$100.0M02019: -$96.1M-$96.1M20192020: -$107.6M-$107.6M2020+12%2021: -$125.0M-$125.0M2021+16%2022: -$225.7M-$225.7M2022+81%2023: -$100.4M-$100.4M2023−56%2024: -$134.3M-$134.3M2024+34%2025: -$67.2M-$67.2M2025−50%
Fiscal year2019202020212022202320242025
Revenue$291.6M6$366.6M7$469.6M8$514.8M9$402.0M5$312.5M5$243.7M5
Cost of revenue$78.9M6$106.3M7$156.9M8$184.7M9$116.1M5$77.4M5$69.4M5
Research and development$82.1M6$108.4M7$158.4M8$193.7M9$103.9M5$79.8M5$54.7M5
Operating expenses$562.9M8$736.7M9$513.4M5$495.7M5$322.4M5
Operating income-$87.0M6-$89.5M7-$93.3M8-$221.9M9-$111.4M5-$183.2M5-$78.7M5
Income tax$2.8M6$2.5M7-$2.4M8$1.7M9$4.2M5$2.7M5$3.5M5
Net income-$96.1M6-$107.6M7-$125.0M8-$225.7M9-$100.4M5-$134.3M5-$67.2M5
Earnings per share-$1.536-$1.637-$1.808-$3.039-$19.175-$22.705-$8.575
Earnings per share (diluted)-$1.536-$1.637-$1.808-$3.039-$19.175-$22.705-$12.395
Shares (weighted, basic)69.6M shares874.5M shares95.2M shares55.9M shares57.8M shares5
Shares (weighted, diluted)69.6M shares874.5M shares95.2M shares55.9M shares58.6M shares5

Compare LIVEPERSON INC with another company

Corporate structure

LIVEPERSON INC sits at the top of its group. 15 entities, 6 countries on record. Switch between the flow chart and the network, and select any entity to see its details.

Major holders of LIVEPERSON INC

  • DAVIDSON KEMPNER CAPITAL MANAGEMENT LP Filed SCHEDULE 13G/A on LIVEPERSON INC, latest Feb 17, 2026 (2 filings since Sep 19, 2025)
  • Linden Capital L.P. Filed SCHEDULE 13G/A on LIVEPERSON INC, latest Feb 12, 2026 (2 filings since Oct 3, 2025)
  • Vector Capital Management, L.P. Filed SCHEDULE 13D/A on LIVEPERSON INC, latest Aug 26, 2025 (5 filings since Jan 10, 2024)
  • VANGUARD GROUP INC Filed SCHEDULE 13G/A on LIVEPERSON INC, latest Jul 29, 2025 (7 filings since Feb 10, 2022)
  • Divisadero Street Capital Management, LP Filed SC 13G/A on LIVEPERSON INC, latest Nov 14, 2024 (2 filings since Mar 4, 2024)
  • Solel Partners LP Filed SC 13G/A on LIVEPERSON INC, latest Nov 14, 2024 (2 filings since Feb 14, 2024)
  • Starboard Value LP Filed SC 13D/A on LIVEPERSON INC, latest Mar 17, 2023 (4 filings since Feb 28, 2022)
  • Robert P. Locascio Filed SC 13G/A on LIVEPERSON INC, latest Feb 13, 2023 (2 filings since Feb 14, 2022)
  • FMR LLC Filed SC 13G/A on LIVEPERSON INC, latest Jun 10, 2022 (3 filings since Oct 12, 2021)
  • LIVEPERSON INC New York, New York
    • BELLA GROUP LLC Subsidiary · Delaware, United States
    • CALLINIZE, INC. Subsidiary · Delaware, United States
    • CLAIRE DEVELOPMENT, INC. Subsidiary · Delaware, United States
    • EBOT-7 GMBH Subsidiary · Germany
    • KATO ACQUISITION SUB, INC. Subsidiary · Delaware, United States
    • LIVEPERSON (UK) LIMITED Subsidiary · United Kingdom
    • LIVEPERSON AUSTRALIA PTY LTD Subsidiary · Australia
    • LIVEPERSON AUTOMOTIVE, LLC Subsidiary · Georgia, United States
    • LIVEPERSON CANADA, INC. Subsidiary · Canada
    • LIVEPERSON GERMANY GMBH Subsidiary · Germany
    • LIVEPERSON IP HOLDING LLC Subsidiary · Delaware, United States
    • LIVEPERSON NETHERLANDS B.V. Subsidiary · Netherlands
    • PROFICIENT SYSTEMS, INC. Subsidiary · Georgia, United States
    • VOICEBASE, INC. Subsidiary · Delaware, United States

Built from subsidiaries listed in Exhibit 21 of annual reports filed with the SEC; major holders from Schedules 13D and 13G. Each entity in the chart links to its source.

What it owns

What LIVEPERSON 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
Finance-lease assets$62.0K9 Dec 31, 2024$3.1M9 Dec 31, 2023−98.0%
Operating-lease assets (leased space)$48.0K9 Dec 31, 2024$4.1M9 Dec 31, 2023−98.8%

Investments

ItemLatestA year beforeChange
Cash and cash equivalents$95.0M5 Dec 31, 2025$183.2M5 Dec 31, 2024−48.2%
Stakes in other companies (equity method)$09 Dec 31, 2024$08 Dec 31, 2023

Intangibles and goodwill

ItemLatestA year beforeChange
Goodwill$184.9M5 Dec 31, 2025$222.6M5 Dec 31, 2024−16.9%
Intangible assets, net (excluding goodwill)$13.4M5 Dec 31, 2025$15.1M5 Dec 31, 2024−11.0%
Finite-lived intangibles, gross$16.6M5 Dec 31, 2025$17.6M5 Dec 31, 2024−5.5%
Accumulated amortization$3.2M5 Dec 31, 2025$2.5M5 Dec 31, 2024+27.2%
Finite-lived intangibles, net$13.4M5 Dec 31, 2025$15.1M5 Dec 31, 2024−11.0%

Properties, in its own words

We maintain a globally distributed, remote workforce. The Company primarily operates under an “employee-centric” workforce model, leveraging its expertise in AI and asynchronous communication to support operations, culture and productivity in this new environment. Under this model, the Company occupies certain leased space to provide its employees with the option of working in an office space environment.

As of December 31, 2025, we utilize third-party data centers in the United States, Australia and Europe. We believe that our current facilities properties are in good condition and provide adequate capacity to meet our current needs. If required, we believe that we will be able to obtain suitable additional space on commercially reasonable terms.

Item 2 of the 10-K filed Mar 16, 2026.4

Leadership

Who has led LIVEPERSON INC, and when. Pick a name to see everywhere that person has worked.

Board members and other officers (36)

Subsidiaries and ownership

Subsidiaries (Exhibit 21)

  • BELLA GROUP LLC Delaware3
  • CALLINIZE, INC. Delaware3
  • CLAIRE DEVELOPMENT, INC. Delaware3
  • EBOT-7 GMBH Germany3
  • KATO ACQUISITION SUB, INC. Delaware3
  • LIVEPERSON (UK) LIMITED United Kingdom3
  • LIVEPERSON AUSTRALIA PTY LTD Australia3
  • LIVEPERSON AUTOMOTIVE, LLC Georgia3
  • LIVEPERSON CANADA, INC. Canada3
  • LIVEPERSON GERMANY GMBH Germany3
  • LIVEPERSON IP HOLDING LLC Delaware3
  • LIVEPERSON LLC Delaware3
  • LIVEPERSON NETHERLANDS B.V. Netherlands3
  • PROFICIENT SYSTEMS, INC. Georgia3
  • VOICEBASE, INC. Delaware3

The subsidiaries the company lists in Exhibit 21 of its annual report, as filed.

Timeline

  1. Sep 4, 20268-K Completed an acquisition or sale; Listing notice or transfer; Change to shareholders' rights54
  2. Sep 2, 20268-K Shareholder vote; Other events55
  3. Aug 20, 20268-K Shareholder vote; Other events56
  4. Jul 24, 20268-K Other events57
  5. Jul 23, 20268-K Regulation FD disclosure58
  6. Jul 2, 20268-K Entered a material agreement59
  7. Apr 21, 20268-K Entered a material agreement; Bylaws or fiscal year changed; Regulation FD disclosure60
  8. Mar 12, 20268-K Results of operations61
  9. Jan 28, 20268-K Executive or director change62
  10. Nov 14, 20258-K Executive or director change63
  11. Nov 10, 20258-K Results of operations64
  12. Oct 20, 20258-K Executive or director change; Other events65
  13. Jan 19, 2024New chief executive Anthony John Sabino becomes CEO14
  14. Sep 22, 2009New chief executive Timothy E. Bixby becomes CEO15

Calendar

When it reported results

  1. Mar 12, 2026Reported quarterly or annual results61
  2. Nov 10, 2025Reported quarterly or annual results64
  3. Aug 11, 2025Reported quarterly or annual results66
  4. May 7, 2025Reported quarterly or annual results67
  5. Mar 5, 2025Reported quarterly or annual results68
  6. Nov 7, 2024Reported quarterly or annual results69
  7. Jul 31, 2024Reported quarterly or annual results70
  8. May 8, 2024Reported quarterly or annual results71

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

Filings

502 filings to the SEC since October 2021: 10 annual reports, 15 quarterly reports, 73 major events, 158 insider forms, 37 large holders, 209 other. The latest 20:

  1. Sep 15, 202615-12G EDGAR
  2. Sep 9, 2026EFFECT EDGAR
  3. Sep 9, 2026EFFECT EDGAR
  4. Sep 9, 2026EFFECT EDGAR
  5. Sep 4, 20264 EDGAR
  6. Sep 4, 20264 EDGAR
  7. Sep 4, 20264 EDGAR
  8. Sep 4, 20264 EDGAR
  9. Sep 4, 20264 EDGAR
  10. Sep 4, 20264 EDGAR
  11. Sep 4, 20264 EDGAR
  12. Sep 4, 20264 EDGAR
  13. Sep 4, 20264 EDGAR
  14. Sep 4, 20264 EDGAR
  15. Sep 4, 202625-NSE EDGAR
  16. Sep 4, 20264 EDGAR
  17. Sep 4, 20268-K EDGAR
  18. Sep 4, 2026POSASR EDGAR
  19. Sep 4, 2026POS AM EDGAR
  20. Sep 4, 2026POS AM EDGAR

The 502 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

88 open-market trades by officers, directors and large owners since October 2021: 14 buys and 74 sales. Grants, option exercises and gifts are left out.

DateWhoTradeSharesPriceValueFiling
Jul 28, 2026Collins John DeNeenCFO and COOSale1,494$1.67$2.5KForm 4
Jul 28, 2026Greenberg Monica L.EVP, Policy & General CounselSale506$1.67$845Form 4
Jul 1, 2026Sabino Anthony JohnChief Executive OfficerSale4,538$1.93$8.8KForm 4
Jun 16, 2026Sabino Anthony JohnChief Executive OfficerSale3,405$2.01$6.8KForm 4
May 18, 2026Collins John DeNeenCFO and COOSale7,203$2.18$15.7KForm 4
May 18, 2026Greenberg Monica L.EVP, Policy & General CounselSale3,600$2.18$7.8KForm 4
Apr 1, 2026Sabino Anthony JohnChief Executive OfficerSale7,844$2.57$20.2KForm 4
Mar 23, 2026Sabino Anthony JohnChief Executive OfficerSale8,033$2.50$20.1KForm 4
Mar 17, 2026Sabino Anthony JohnChief Executive OfficerSale12,594$2.72$34.3KForm 4
Mar 17, 2026Collins John DeNeenCFO and COOSale931$2.72$2.5KForm 4
Mar 17, 2026Greenberg Monica L.EVP, Policy & General CounselSale315$2.72$857Form 4
Jan 16, 2026Mina Christopher AllenChief Tech Product OfficerSale7,152$3.15$22.5KForm 4
Dec 17, 2025Miller James R.DirectorSale2,133$4.73$10.1KForm 4
Dec 16, 2025Sabino Anthony JohnChief Executive OfficerSale4,984$4.73$23.6KForm 4
Nov 14, 2025Sabino Anthony JohnChief Executive OfficerSale30,000$5.26$157.8KForm 4
Nov 14, 2025Collins John DeNeenCFO and COOSale20,000$5.19$103.8KForm 4
Sep 25, 2025Collins John DeNeenCFO and COOSale446,601$0.63$281.4KForm 4
Sep 24, 2025Ford JeffreyChief Accounting OfficerSale59,053$0.64$37.8KForm 4
Sep 24, 2025Greenberg Monica L.EVP, Policy & General CounselSale157,203$0.64$100.6KForm 4
Sep 17, 2025Sabino Anthony JohnChief Executive OfficerSale96,062$0.69$66.3KForm 4

All 88 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.

SEC filer profile

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

  • Name on EDGARLIVEPERSON INC1
  • CIK0001102993
  • Employer ID (EIN)13-38616284
  • Filer statusAccelerated filer not an emerging growth company; a smaller reporting company; not a shell company4
  • Incorporated inDelaware4
  • Fiscal year endsDecember 311
  • Industry code (SIC)7372 Services-Prepackaged Software1
  • SEC reviewing officeOffice of Technology, Division of Corporation Finance1
  • Business address530 7Th Avenue, Floor M1, New York, NY 100181
  • Phone21260942001
  • Shares outstanding12,176,027 as of May 1, 202611
  • Public float$85.0M as of Jun 30, 20254
  • AuditorBDO USA, P.C., New York, New York PCAOB ID 243; it also attests to the company’s internal control over financial reporting4
  • On EDGAR sinceJan 28, 20001
  • Filings1,585 in all: 4 (664), 8-K (226), SC 13G/A (119), 10-Q (80), 425 (65), 144 (61), 3 (39), SC 13G (39)1
    All 56 form types

    DEF 14A (27), 10-K (25), DEFA14A (24), S-8 (18), S-8 POS (18), 4/A (16), ARS (15), CORRESP (14), UPLOAD (14), SC 13D/A (12), 8-K/A (11), 5 (8), 10-K/A (7), DFAN14A (7), EFFECT (6), S-1/A (6), SC 13D (6), PRE 14A (5), 3/A (4), POS AM (4), PREC14A (4), S-3 (4), 424B3 (3), NT 10-K (3), SCHEDULE 13G/A (3), 424B4 (2), DEFR14A (2), NT 10-Q (2), SCHEDULE 13D/A (2), SCHEDULE 13G (2), 10-K405 (1), 10-Q/A (1), 15-12G (1), 25-NSE (1), 5/A (1), 8-A12B (1), 8-A12G (1), D (1), DEFC14A (1), DEFM14A (1), DEFS14A (1), POSASR (1), PRER14A (1), PRES14A (1), PRRN14A (1), S-1 (1), S-3/A (1), S-3ASR (1)

  • Latest filingsAnnual report (10-K) Mar 16, 2026
    Quarterly report (10-Q) Aug 7, 2026
    Proxy statement (DEF 14A) Sep 17, 2025
    Latest 8-K (8-K) Sep 4, 2026

Securities registered for trading

ClassSymbolExchange
Common Stock, par value $0.001 per shareLPSNThe Nasdaq Stock Market LLC
Rights to Purchase Series A JuniorParticipating Preferred StockThe Nasdaq Stock Market LLC

From the cover page of the 10-K filed Mar 16, 2026 (Section 12(b) of the Exchange Act).4

Risk factors and legal proceedings

The risks LIVEPERSON INC names in Item 1A of its 10-K filed Mar 16, 2026: 57 risks under these headings, as written.4

  • Risks Related to Operating our Business
  • The success of our business depends on retention of existing customers and their purchase of additional services, and attracting new customers.
  • Supporting our customer base requires intensive personnel, infrastructure and resource commitment, and if we are unable to scale our operations and increase productivity, we may not be able to successfully implement our business plan.
  • Our business depends significantly on our ability to retain our key personnel, attract new personnel, and manage attrition.
  • There can be no assurance that further restructuring activities will not be necessary or that we will realize the intended operational efficiencies and cost savings from our restructuring initiatives.
  • Our expansion into new products, services, and technologies could subject us to additional risks.
  • If we do not successfully integrate past or potential future acquisitions, we may not realize the expected business or financial benefits and our business could be adversely impacted.
  • If we do not effectively implement our plans to migrate our technology infrastructure to the public cloud, our operations could be significantly disrupted.
  • Capital requirements to execute our business strategy or refinance our existing indebtedness could increase substantially, and there is a significant risk that we may not be able to secure necessary financing on commercially reasonable terms, or at all.
  • Our sales cycles can be lengthy, and the timing of sales can cause our operating results to vary significantly.
  • Delays in our implementation cycles could have an adverse effect on our results of operations.
  • Our services are subject to payment-related risks.
The other 46 risks
  • Our reputation depends, in part, on factors which are partially or entirely outside of our control.
  • Increased regulatory uncertainty and conflicting stakeholder views regarding environmental, social and governance (“ESG”) matters may increase our costs, harm our reputation, or otherwise adversely impact our business.
  • Risks Related to our Financial Condition and Operating Results
  • Our quarterly revenue and operating results may fluctuate significantly, which may cause a substantial decline in the trading price of our securities.
  • In the past we have experienced losses, we had an accumulated deficit of $1,058.5 million as of December 31, 2025 and we may incur losses in the future.
  • The non-payment or late payment of amounts due to us from a significant number of customers may negatively impact our financial condition or make it difficult to forecast our revenues accurately.
  • There are inherent limitations on the effectiveness of our controls.
  • As a “smaller reporting company,” we may comply with certain reduced reporting and disclosure requirements which could make our common stock less attractive to investors.
  • Because we recognize revenue from subscriptions for our service over the term of the subscription, declines in our business may not be immediately reflected in our operating results.
  • If our goodwill or long-lived assets become impaired, we may be required to record a significant charge to earnings.
  • Risks Related to Industry Dynamics and Competition
  • If we are unable to develop and maintain successful relationships with technology partners, strategic partners, social media, and other third-party consumer messaging platforms and endpoints, our business, results of operations, and financial condition could be adversely affected.
  • If we are unable to effectively operate on mobile devices, our business could be adversely affected.
  • The markets in which we participate are highly competitive, and we may lose customers and revenue if we are not able to innovate or effectively compete.
  • We may be unable to respond to rapid technological change and changing customer preferences in the online sales, marketing, customer service, and/or online e-commerce industries and this may harm our business.
  • Downturns in the global economic environment or in particular industries in which our sales are concentrated may adversely affect our business and results of operations.
  • Risks Related to Security Vulnerabilities and Service Reliability
  • Failures or security breaches in our services or systems, those of our third-party service providers, customers or partners, including those resulting from cyber-attacks, security vulnerabilities, defects, or errors, could harm our business.
  • We may be liable if third parties access or misappropriate confidential or personal data from our systems or services.
  • We provide service-level commitments to certain customers. If we do not meet these contractual commitments, or if we suffer significant outages, we could be obligated to provide credits or refunds or face contract terminations, which could adversely affect our revenue and harm our reputation.
  • We are dependent on technology systems and third-party content that are beyond our control.
  • Technological or other defects could disrupt or negatively impact our services, which could harm our business and reputation.
  • Our products are complex, and errors, failures, or “bugs” may be difficult to correct.
  • Failure to license necessary third-party software for use in our products and services, or failure to successfully integrate third-party software, could cause delays or reductions in our sales, or errors or failures of our service.
  • Risks Related to Regulatory and Data Privacy Issues
  • We are the subject of a number of ongoing Actions that have resulted in significant expense, and adverse developments in our ongoing Actions and/or future Actions could have a material adverse effect on our business, results of operations and financial condition.
  • We may be subject to governmental export controls and economic sanctions regulations that could impair our ability to compete in international markets due to licensing requirements and could subject us to liability if we are not in compliance with applicable laws.
  • Changes to trade policy, including tariff and customs regulations, or failure to comply with such regulations, may have an adverse effect on our business, financial condition and results of operations.
  • Industry-specific regulation is evolving and unfavorable industry-specific laws, regulations, or interpretive positions could harm our business.
  • Future regulation of the internet or mobile devices may result in decreased demand for our services and increased costs of doing business.
  • Climate change and environmental and other sustainability regulations or requirements could adversely impact our business.
  • Risks Related to our Intellectual Property
  • Our products and services may infringe upon intellectual property rights of third parties and any infringement could require us to incur substantial costs and may distract our management.
  • Our business and prospects would suffer if we are unable to protect and enforce our intellectual property rights.
  • Issues in the use of AI in our product offerings may result in reputational harm, regulatory compliance issues or liability.
  • We may be subject to legal liability and/or negative publicity for the services provided to consumers via our technology platforms.
  • Risks Related to our International Operations and Tax Issues
  • Our results of operations may be adversely impacted due to our exposure to foreign currency exchange rate fluctuations.
  • We may be unsuccessful in expanding our operations internationally due to additional regulatory requirements, tax liabilities, currency exchange rate fluctuations, and other risks, which could adversely affect our results of operations.
  • Our operations may expose us to greater than anticipated income, non-income, and transactional tax liabilities, which could harm our financial condition and results of operations.
  • Our ability to use our net operating losses to offset future taxable income may be subject to certain limitations.
  • Political, economic, and military conditions in Israel could negatively impact our Israeli operations.
  • Risks Related to our Outstanding Convertible Notes
  • Servicing our debt may require a significant amount of cash, and we may not have sufficient cash flow from our business to pay our indebtedness.
  • The terms of our First Lien Convertible Senior Notes due 2029 and 10.0% Second Lien Senior Subordinated Secured Notes require us to meet certain operating and financial covenants and place restrictions on our operating and financial flexibility. If we raise additional capital through debt financing, the terms of any new debt could further restrict our ability to operate our business.
  • We may not have the ability to raise the funds necessary to settle conversions of our outstanding convertible debt securities and cash-settled warrants in cash or to repurchase our outstanding convertible debt securities upon a fundamental change, and any future debt may contain limitations on our ability to pay cash upon conversion or repurchase of our outstanding convertible debt securities and cash-settled warrants.
  • Provisions in the indentures for our outstanding convertible debt securities may deter or prevent a business combination that may be favorable to securityholders.
  • The conditional conversion feature of our outstanding convertible debt securities, if triggered, may adversely affect our financial condition and operating results.
  • Risks Related to our Common Stock
  • Our stock price has been, and may continue to be, highly volatile, which could reduce the value of your investment and subject us to litigation.
  • Our failure to comply with the continued listing requirements of The Nasdaq Global Select Market could result in a delisting of our common stock.
  • Our common stock is traded on more than one market and this may result in price variations.
  • Future sales of substantial amounts of our common stock may negatively affect our stock price.
  • Provisions in our charter documents and Delaware law could discourage, delay, or prevent a takeover that stockholders may consider favorable.

Legal proceedings

The material set forth in Note 13 – Legal Matters in the Notes to the Consolidated Financial Statements under Item 8 of this Annual Report on Form 10-K is incorporated herein by reference.

The opening of Item 3, Legal Proceedings.4

Sources

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