Debt

3 Months Ended

Mar. 31, 2024

Debt

Debt

8)    Debt

Promissory Note

In connection with the Settlement Agreement entered into with Vivus (see Note 13), Petros executed an interest-bearing promissory note (the “Note”) in favor of Vivus in the principal amount of $10,201,758. The parties also entered into a Security Agreement to secure Petros’ obligations under the Note.

Under the terms of the Note, the original principal amount of $10,201,758 is payable in consecutive quarterly installments of principal and interest beginning on April 1, 2022, through January 1, 2027. Interest on the principal amount will accrue at a rate of 6% per year. The Company may prepay the Note, in whole or in part, at any time, with no premium or penalty. In the event that the Company defaults under the Security Agreement, all principal outstanding under the Note at the time of the default will bear interest at a rate of 9% per year until the full and final payment of all principal and interest under the Note (regardless of whether any default is waived or cured). Pursuant to the Security Agreement, dated January 18, 2022, the Company granted to Vivus a continuing security interest in all of its Stendra® API and products and its rights under the License Agreement. For the three months ended March 31, 2024, and 2023, the Company paid Vivus $0 million and $0.5 million, respectively. As of March 31, 2024, and December 31, 2023, the principal balance on the Note is $8.0 million and $8.0 million, respectively.

Future minimum principal payments of the promissory note are as follows:

2024 (remaining 9 months)	$	1,156,550
2025		2,720,940
2026		3,264,351
2027		872,073
Total	$	8,013,914
Less: current portion		(1,553,689)
Promissory note, net of current portion	$	6,460,225