
Market Acceptance and Competition - The company is dependent on continued market acceptance in the United States for its 10 kHz Therapy, and failure to gain such acceptance would negatively impact its business [216]. - The company faces significant competition from established players like Medtronic, Boston Scientific, and Abbott Laboratories, which have launched new SCS systems and have greater resources [227]. - The company has experienced challenges in differentiating its products from competitors, which may hinder its ability to capture market share [220]. - The introduction of new, more effective, or less expensive competing products could adversely impact the company's business [226]. - The company must effectively educate physicians on the benefits and proper use of its 10 kHz Therapy to drive market acceptance and sales growth [221]. - The company may face challenges in educating physicians and hospitals about the benefits of its products, which could hinder market acceptance [218]. Financial Performance and Profitability - The company has a history of significant losses and must achieve and sustain profitability to avoid further financial deterioration [200]. - The company incurred net losses of 92.2 million for the years ended December 31, 2024 and 2023, respectively, with an accumulated deficit of 812.8 million as of December 31, 2024 [231]. - The company must reduce the per unit manufacturing cost of its products to achieve profitability, which is dependent on increasing component purchase volumes and improving manufacturing efficiency [232]. - The company anticipates substantial cash expenditures for commercialization efforts, regulatory approvals, and potential acquisitions, which may require additional funding in the future [318]. - Future cash requirements may differ significantly from current estimates, influenced by costs associated with product commercialization, R&D activities, and potential acquisitions [320]. - The company may seek additional funds through borrowings or equity offerings, which could result in dilution for existing shareholders [321]. Regulatory and Compliance Risks - The company is subject to extensive governmental regulation, and failure to comply could adversely affect its business operations [206]. - The company faces significant risks related to compliance with various international laws and regulations, including anti-bribery laws and export controls [261]. - Regulatory changes could lead to unexpected costs and restrictions on operations, affecting financial performance [253]. - The company must maintain compliance with EU and UK regulations to continue selling products like Senza in these regions [347]. - Non-compliance with EU regulations could prevent the company from selling products in the EU and EEA [343]. - The company is required to report malfunctions, deaths, and serious injuries associated with its products, which may lead to voluntary corrective actions or agency enforcement actions [359]. Intellectual Property and Legal Challenges - The company is involved in ongoing lawsuits related to intellectual property disputes, which could divert resources and impact commercialization efforts [200]. - The company faces risks related to securing and maintaining patent protection, which is critical for competitive advantage [241]. - Ongoing and future lawsuits to protect intellectual property may divert resources and hinder sales growth [240]. - The company may need to enter cross-license agreements with competitors, potentially compromising the value of its intellectual property [249]. - The company may face significant risks related to patent litigation, which could result in substantial legal expenses and potential damages, including treble damages for willful infringement [303]. - Intellectual property disputes could divert significant resources and hinder the commercialization of existing or future products [299]. Operational and Management Challenges - The company must attract and retain qualified sales personnel to achieve expected revenue growth, facing competition in hiring [250]. - The company may face challenges in managing anticipated growth, including manufacturing yields, quality control, and personnel shortages [274]. - The company faces potential sales decreases if access to hospital facilities is not secured through lengthy purchasing contracts in the U.S. and EU [279]. - The reliance on a small group of third-party distributors for product marketing and sales may limit resources dedicated to the company's products, impacting revenue [280]. - The company must navigate potential penalties for non-compliance with regulatory obligations, which could significantly impact its operations [261]. Market and Economic Factors - The global market for spinal cord stimulation (SCS) therapy was estimated at approximately 2.4 billion in 2023, with the United States comprising about 80% of this market [223]. - The company's operating results may fluctuate significantly due to various factors, including macroeconomic conditions and competition, potentially impacting stock price [316]. - Legislative changes, such as the ACA, have led to reductions in Medicare payments, which could impact demand for the company's products [379]. - The company faces risks associated with currency fluctuations, particularly with revenues and expenses denominated in Euros, British Pounds, and Australian Dollars [325]. Product Development and Commercialization - Clinical studies are essential for regulatory approvals, and failure to produce necessary results could hinder commercialization of new products [282]. - The company emphasizes the importance of developing a pipeline for chronic pain treatment products, which is crucial for future success [382]. - The company must educate healthcare professionals and patients on new therapies to ensure successful commercialization, which may take years [292]. - The company faces risks related to the timely development and market acceptance of new products and enhancements, which could impact operational results [383]. Debt and Financial Covenants - The company must maintain at least $300 million in trailing twelve-month revenue as a financial covenant under the Braidwell Credit Agreement [393]. - The Braidwell Credit Agreement includes restrictions on incurring additional debt, making acquisitions, and other financial activities, which could limit operational flexibility [393]. - There is a risk of default on debt obligations if the company fails to meet financial covenants or maintain sufficient liquidity [394]. - The company may incur additional debt in the future, which could intensify existing financial risks [395].