Annual report
Page 1
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON , DC 20549 FORM 10 - K ( Mark One ) X ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31 , 2020 OR TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to BIOLASE , INC . ( Exact Name of Registrant as Specified in Its Charter ) Delaware ( State or Other Jurisdiction of Incorporation or Organization ) Large accelerated filer Non - accelerated filer Commission file number 001-36385 27042 Towne Centre Drive , Suite 270 Lake Forest , California 92610 ( Address of Principal Executive Offices ) ( Zip code ) ( 949 ) 361-1200 ( Registrant's Telephone Number , including Area Code ) No X No X Indicate by check mark if the registrant is a well - known seasoned issuer , as defined in Rule 405 of the Securities Act . Yes Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15 ( d ) of the Act . Yes Indicate by check mark whether the registrant : ( 1 ) has filed all reports required to be filed by Section 13 or 15 ( d ) of the Securities Exchange Act of 1934 during the preceding 12 months ( or for such shorter period that the registrant was required to file such reports ) , and ( 2 ) has been subject to such filing requirements for the past 90 days . Yes No Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S - T ( § 232.405 of this chapter ) during the preceding 12 months ( or for such shorter period that the registrant was required to submit such files ) . Yes > No Indicate by check mark whether the registrant is a large accelerated filer , an accelerated filer , a non - accelerated filer , smaller reporting company , or an emerging growth company . See the definitions of " large accelerated filer , " " accelerated filer , " " smaller reporting company , " and " emerging growth company " in Rule 12b - 2 of the Exchange Act . Title of each class Common stock , par value $ 0.001 per share 87-0442441 ( I.R.S. Employer Identification No. ) If an emerging growth company , indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13 ( a ) of the Exchange Act . Trading Symbol ( s ) BIOL Accelerated filer Smaller reporting company Emerging growth company Indicate by check mark whether the registrant has filed a report on and attestation to its management's assessment of the effectiveness of its internal control over financial reporting under Section 404 ( b ) of the Sarbanes - Oxley Act ( 15 U.S.C. 7262 ( b ) ) by the registered public accounting firm that prepared or issued its audit report . Indicate by check mark whether the registrant is a shell company ( as defined in Rule 12b - 2 of the Act ) . Yes No X The aggregate market value of the Registrant's common stock held by non - affiliates was $ 22,577,920 based on the last sale price of common stock on June 30 , 2020 . Securities registered pursuant to Section 12 ( g ) of the Act : None . X Name of each exchange on which registered The NASDAQ Stock Market LLC ( NASDAQ Capital Market ) As of March 25 , 2021 , there were 149,379,876 shares of the registrant's common stock , par value $ 0.001 per share , outstanding . DOCUMENTS INCORPORATED BY REFERENCE Portions of the registrant's definitive proxy statement related to its 2021 Annual Meeting of Stockholders , to be filed with the Securities and Exchange Commission pursuant to Regulation 14Ã within 120 days after the registrant's fiscal year ended December 31 , 2020 , are incorporated by reference into Part III of this Annual Report on Form 10 - K .