Quarterly report [Sections 13 or 15(d)]

Commitments and Contingencies

v3.26.1
Commitments and Contingencies
3 Months Ended
Mar. 31, 2026
Commitments and Contingencies  
Commitments and Contingencies

14. Commitments and Contingencies

Leases

New York, NY Sublease - Fortress

On February 10, 2026, the Company entered into a sublease agreement with a third party to sublease all of its leased office space in New York, NY, consisting of approximately 23,000 square feet, under its existing lease with Sage Realty Corporation (the “Landlord”). The Company obtained the Landlord’s consent to the sublease, and the sublease commenced on March 15, 2026. The sublease expires on August 31, 2031.

Pursuant to the sublease agreement, the Company expects to receive approximately $11.9 million in aggregate base rent payments over the term of the sublease. The Company remains primarily liable for the obligations under the original lease.

For the three months ended March 31, 2026, the Company continued to recognize lease expense under the original lease agreement and recognized sublease income from the sublease commencement date of March 15, 2026. Sublease income is recognized on a straight-line basis over the sublease term. The Company has elected to present sublease income as a reduction of lease expense within the condensed consolidated statement of operations.

Lease Termination – Mustang

In February 2025, Mustang concurrently exited the lease of its manufacturing facility in Worcester, Massachusetts, relocating its corporate headquarters to 95 Sawyer Road, Waltham, Massachusetts, and divested certain fixed assets including furniture and equipment to AbbVie Bioresearch Center, Inc. for $1.0 million. In connection with the lease termination, Mustang recorded a net gain on lease termination of $0.4 million recorded in research and development expenses on the condensed consolidated statement of operations.

During the three months ended March 31, 2026 and 2025, the Company recorded the following as lease costs for the periods presented:

  ​ ​ ​

Three Months Ended March 31, 

  ​ ​ ​

($ in thousands)

2026

2025

Lease Cost

 

  ​

 

Operating lease cost

$

714

$

748

Shared lease costs

 

(535)

(533)

Variable lease cost

 

75

189

Sublease income

(91)

Total lease expense

$

163

$

404

The following tables summarize quantitative information about the Company’s operating leases, under the adoption of ASC Topic 842, Leases:

  ​ ​ ​

Three Months Ended March 31, 

 

  ​ ​ ​

($ in thousands)

2026

2025

 

Operating cash flows from operating leases

$

(782)

$

(852)

Weighted-average remaining lease term – operating leases (years)

 

3.2

 

3.7

Weighted-average discount rate – operating leases

 

6.2

%  

 

6.1

%

  ​ ​ ​

Future Lease

($ in thousands)

Liability

Nine months ended December 31, 2026

2,267

Year ended December 31, 2027

 

3,125

Year ended December 31, 2028

 

3,220

Year ended December 31, 2029

3,054

Year ended December 31, 2030

3,056

Other

 

2,058

Total operating lease liabilities

 

16,780

Less: present value discount

 

(2,531)

Net operating lease liabilities, short-term and long-term

$

14,249

Indemnification

In accordance with its certificate of incorporation, bylaws and indemnification agreements, the Company has indemnification obligations to its officers and directors for certain events or occurrences, subject to certain limits, while they are serving at the Company’s request in such capacity. There have been no claims to date, and the Company has director and officer insurance to address such claims. The Company and its subsidiaries and partner companies also provide indemnification of contractual counterparties (sometimes without monetary caps) to clinical sites, service providers and licensors.

Legal Proceedings

In the ordinary course of business, the Company and its subsidiaries and partner companies may be subject to both insured and uninsured litigation. Suits and claims may be brought against the Company by customers, suppliers, partners and/or third parties (including tort claims for personal injury arising from clinical trials of the Company’s product candidates and property damage) alleging deficiencies in performance, breach of contract, etc., and seeking resulting alleged damages.