Annual report
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Table of Contents Index to Financial Statements UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 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 0 TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission file number : 001-36500 Delaware ( State or other jurisdiction of incorporation or organization ) FORM 10 - K CYMABAY THERAPEUTICS , INC . ( Exact name of registrant as specified in its charter ) 7575 Gateway Blvd , Suite 110 Newark , CA ( Address of principal executive offices ) Title of each class Common stock , $ 0.0001 par value per share CYMABAY ( 510 ) 293-8800 ( Registrant's telephone number , including area code ) Securities registered pursuant to Section 12 ( b ) of the Act : Trading symbol ( s ) CBAY Securities registered pursuant to Section 12 ( g ) of the Act : None 0 94-3103561 ( I.R.S. Employer Identification No. ) 94560 ( Zip Code ) Name of each exchange on which registered Nasdaq Global Select Market No No 冈 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 Large accelerated filer 0 Non - accelerated filer Accelerated filer Smaller reporting company Emerging Growth Company 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 . 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 The aggregate market value of the voting and non - voting common equity held by non - affiliates of the registrant based upon the closing price of its Common Stock on the Nasdaq Global Select Market on June 30 , 2020 , was $ 238,474,701 . This excludes 425,196 shares of the registrant's Common Stock held by executive officers , directors and stockholders affiliated with directors outstanding at June 30 , 2020. Exclusion of such shares should not be construed to indicate that any such person possesses the power , direct or indirect , to direct or cause the direction of the management or policies of the registrant or that such person is controlled by or under common control with the registrant . The number of shares of common stock outstanding as of February 28 , 2021 , was 68,946,092 . ☐ DOCUMENTS INCORPORATED BY REFERENCE Portions of the registrant's Proxy Statement for its 2021 Annual Meeting of Stockholders to be filed with the Securities and Exchange Commission within 120 days after the registrant's fiscal year ended December 31 , 2020 , are incorporated by reference in Part III , Items 10-14 of this Annual Report on Form 10 - K . X