Lineage Cell Therapeutics Reports Fourth Quarter and Full Year 2020 Financial Results and Provides Business Update

On March 11, 2021 Lineage Cell Therapeutics, Inc. (NYSE American and TASE: LCTX), a clinical-stage biotechnology company developing allogeneic cell therapies for unmet medical needs, reported financial and operating results for the fourth quarter and full year 2020 (Press release, BioTime, MAR 11, 2021, View Source [SID1234576501]). Lineage management will host a conference call and webcast today at 4:30 p.m. Eastern Time/1:30 p.m. Pacific Time to discuss its fourth quarter and full year 2020 financial and operating results and to provide a business update.

Schedule your 30 min Free 1stOncology Demo!
Discover why more than 1,500 members use 1stOncology™ to excel in:

Early/Late Stage Pipeline Development - Target Scouting - Clinical Biomarkers - Indication Selection & Expansion - BD&L Contacts - Conference Reports - Combinatorial Drug Settings - Companion Diagnostics - Drug Repositioning - First-in-class Analysis - Competitive Analysis - Deals & Licensing

                  Schedule Your 30 min Free Demo!

"Our goal is to build Lineage into the preeminent allogeneic cell transplant company, and we hit our stride in 2020, reaching significant clinical, manufacturing, and business milestones and creating substantial value for our shareholders. We also positioned ourselves for success in 2021 and beyond"

Tweet this
"Our goal is to build Lineage into the preeminent allogeneic cell transplant company, and we hit our stride in 2020, reaching significant clinical, manufacturing, and business milestones and creating substantial value for our shareholders. We also positioned ourselves for success in 2021 and beyond," stated Brian M. Culley, Lineage CEO. "We know of no other company that possesses a comparable combination of cell therapy patent breadth, in-house manufacturing capabilities, and encouraging clinical evidence in three distinct disease areas, each with large unmet needs and billion-dollar commercial opportunities. We believe the field of cell therapy is poised for explosive growth in the months and years ahead. Our objective is to be positioned for that growth by continuing to provide evidence that allogeneic approaches can generate safety and efficacy data which leads to commercial and clinical advantages over alternate approaches. Importantly, Lineage also recently added $35.9 million in new capital through the timely sales of our equity and marketable securities. We believe this new capital will ensure we are funded to deliver additional significant milestones from our novel cell therapy pipeline and provide us with optionality in ongoing partnership discussions."

Some of the significant milestones we achieved during 2020 include:

– Completion of enrollment in a 24 patient Phase 1/2a clinical study of OpRegen for the treatment of dry age-related macular degeneration (AMD) with geographic atrophy (GA) with encouraging preliminary signs of tolerability and efficacy;

– Announcing the first known finding of retinal tissue restoration in a patient who received a retinal pigment epithelium (RPE) cell transplant which had persisted to 23 months with further improvements to visual acuity;

– Making major manufacturing improvements to our OPC1 acute spinal cord injury (SCI) program, including to the process, purity, and scale, and to the development of a "ready-to-inject" formulation, enabling use at a much larger number of treatment centers;

– The early exercise of our option with Cancer Research UK to bring the VAC immuno-oncology platform in-house;

– Reporting encouraging preliminary Phase 1 clinical study results with VAC2 for the treatment of non-small cell lung cancer with evidence of high levels of antigen-specific immunogenicity observed in all patients treated to date;

– Receiving a new research & development grant from the Israel Innovation Authority under their bio-convergence initiative, for the development of a novel bio-retinal patch for the treatment of retinal diseases in partnership with Precise Bio Ltd.;

– Announcing the extension of an OpRegen development grant from the Israel Innovation Authority;

– Receiving a $24.6 million payment from Juvenescence Ltd. for principal and interest due under a convertible promissory note issued as partial payment for the sale of common stock of AgeX Therapeutics, Inc.; and

– Successfully monetizing portions of Lineage’s non-core patent portfolio.

Some of the events and milestones that our shareholders can look forward to in 2021 include:

– Present new and accumulated OpRegen data from the ongoing Phase 1/2a clinical study on two occasions during the first and second quarters of 2021;

– Plan to meet with the FDA to discuss further clinical development of the OpRegen program, anticipated in the third quarter of 2021;

– Complete VAC2 patient enrollment in the ongoing Phase 1 clinical study for the treatment of non-small cell lung cancer, anticipated in the second quarter of 2021;

– Evaluate the Neurgain Parenchymal Spinal Delivery (PSD) system for OPC1, currently ongoing and throughout 2021;

– Plan to meet with the FDA to discuss plans to evaluate the Neurgain Parenchymal Spinal Delivery (PSD) system for OPC1, anticipated in the second quarter of 2021;

– Complete OPC1 process development to support a late-stage clinical trial, currently ongoing and throughout 2021;

– Introduce manufacturing enhancements to the VAC2 program, anticipated throughout 2021;

– Report results from the ongoing Phase 1 clinical study of VAC2 for the treatment of non-small cell lung cancer, anticipated in the fourth quarter of 2021;

– Plan to meet with the FDA to discuss further development of the OPC1 program and manufacturing improvements, including a late-stage clinical study, anticipated in the fourth quarter of 2021;

– Evaluate opportunities for new VAC product candidates based on newly discovered tumor antigens/neoantigens, throughout 2021; and

– Evaluate partnership opportunities and expansion of existing external collaborations and identification of new collaborations for OpRegen, OPC1 and VAC2, currently ongoing and throughout 2021.

Balance Sheet Highlights

Cash, cash equivalents, and marketable securities totaled $41.6 million as of December 31, 2020. Marketable securities as of December 31, 2020 include our remaining ownership of unrestricted securities in OncoCyte, and Hadasit Bio-Holdings Ltd (Hadasit).

During 2020, we funded our operations primarily by receiving payment in full for a total of $24.6 million on the Juvenescence promissory note, and by selling a portion of our marketable securities, resulting in net proceeds of approximately $13.1 million.

Additionally, during 2020, we selectively sold 3,094,322 of our common shares under the ATM offering for gross proceeds of approximately $5.1 million (which excludes $0.3 million of cash in transit related to 2020 sales that settled in 2021).

2021 fundraising activities

From January 1, 2021 through March 5, 2021, we sold an additional portion of our marketable securities, resulting in net proceeds of approximately $10.1 million and an additional $19.9 million in gross proceeds through sales of 7,941,122 of our common shares under the ATM offering (which includes $0.3 million in cash in transit related to 2020 sales that settled in 2021). As of March 5, 2021, the value of the Company’s cash and cash equivalents were in excess of $57 million.

As of March 5, 2021, we hold 1,122,401 shares of OncoCyte stock valued at approximately $4.2 million and 169,167 shares of Hadasit stock valued at approximately $330,000, in each case based on the closing prices of those shares on March 5, 2021.

The Company anticipates that net operational spend for 2021 will be approximately $20.0 to $22.0 million, which is similar to 2020 spending levels. The Company believes that it is well funded into 2023 as a result of sustained cost savings initiatives in 2020 and recent fundraising activities.

Fourth Quarter Operating Results

Revenues: Lineage’s revenue is generated primarily from research grants, royalties, and licensing fees. Total revenues for the three months ended December 31, 2020 were approximately $0.4 million, a decrease of $0.8 million as compared to $1.2 million for the same period in 2019. The decrease was primarily related to an approximate $0.6 million decrease in royalties and licensing fees, which was primarily driven by the absence of a $0.6 million upfront payment from a new license agreement in 2019, and a $0.2 million decrease in grant revenues due to the timing of grant related activities.

Operating Expenses: Operating expenses are comprised of research and development (R&D) expenses and general and administrative (G&A) expenses. Total operating expenses for the three months ended December 31, 2020 were $6.1 million, a decrease of $1.9 million as compared to $8.0 million for the same period in 2019.

R&D Expenses: R&D expenses for the three months ended December 31, 2020 were $2.6 million, a decrease of $0.9 million as compared to $3.5 million for the same period in 2019. The overall decrease was primarily related to decreases of $1.5 million in OpRegen and other ophthalmic application expenses, attributable primarily to a decrease in manufacturing activities in 2020 as compared to 2019, and $0.1 million in Renevia and HyStem related expenses, offset by an increase of $0.5 million in OPC1 expenses, attributable primarily to an increase in manufacturing activities, and a $0.3 million increase in VAC program expenses.

G&A Expenses: G&A expenses for the three months ended December 31, 2020 were $3.5 million, a decrease of $1.0 million as compared to $4.5 million for the same period in 2019. The decrease was primarily attributable to decreases of $0.4 million in legal and patent expenses, $0.3 million in rent expense, $0.3 million in expenses related to our merger with Asterias Biotherapeutics, Inc. (Asterias Merger) and $0.2 million in accounting and consulting expenses, offset by a $0.2 million increase related to the cessation of shared services reimbursements.

Loss from Operations: Loss from operations for the three months ended December 31, 2020 was $5.9 million, a decrease of $1.0 million as compared to $6.9 million for the same period in 2019.

Other Income/(Expenses), Net: Other income/(expenses), net for the three months ended December 31, 2020 reflected other income, net of $6.9 million, compared to other income, net of $1.5 million for the same period in 2019. The variance was primarily related to the gain on sale of marketable securities and changes in the value of marketable equity securities for the applicable periods, as well as foreign currency translation adjustments related to Lineage’s international subsidiaries.

Net Income/(Loss) attributable to Lineage: The net income attributable to Lineage for the three months ended December 31, 2020 was $2.0 million, or $0.01 per share (basic and diluted), compared to a net loss attributable to Lineage of ($4.5) million, or ($0.03) per share (basic and diluted), for the same period in 2019.

Full Year Operating Results

Revenues: Lineage’s revenue is generated primarily from research grants, royalties, and licensing fees. Total revenues for the year ended December 31, 2020 were $1.8 million, a decrease of $1.7 million as compared to $3.5 million for the same period in 2019. The decrease was primarily related to a $1.0 million decrease in grant revenue due to less grant-related activities, $0.4 million decrease in royalties from product sales and license fees, and a $0.3 million decrease in the sale of research products and services due to the cessation of such sales.

Operating Expenses: Operating expenses are comprised of R&D expenses and G&A expenses. Total operating expenses for the year ended December 31, 2020 were $27.9 million, a decrease of $14.1 million as compared to $42.0 million for the same period in 2019.

R&D Expenses: R&D expenses for the year ended December 31, 2020 were $12.3 million, a decrease of $5.6 million as compared to $17.9 million for the same period in 2019. The overall decrease was primarily related to a decrease of $6.5 million in OpRegen and other ophthalmic application expenses, attributable primarily to a decrease in manufacturing activities in 2020 as compared to 2019, a decrease of $0.8 million in Renevia and other related expense as we are spending less and actively looking for a commercialization partner, and a $0.5 million decrease in OPC1-related expenses, primarily driven by a return of unspent project funds of approximately $0.8 million from a former Asterias service provider, offset by a $2.2 million increase in VAC program expenses, primarily related to the accrual of the signature fee of £1.25 million ($1.6 million) to Cancer Research UK.

G&A Expenses: G&A expenses for the year ended December 31, 2020 were $15.6 million, a decrease of approximately $8.4 million as compared to $24.0 million for the same period in 2019. The decrease was primarily attributable to a $5.5 million decrease in Asterias Merger related expenses, a $2.1 million reduction in compensation costs as a result of headcount reductions in 2019, a $0.9 million reduction in accounting expenses, a $0.5 million reduction in rent and utilities, a $0.3 million reduction in travel expenses, a $0.3 million reduction in office and information technology related expenses and a $0.2 million reduction in consulting expenses, offset by a $0.9 million increase related to the cessation of shared services reimbursements and a $0.5 million increase in legal and patent expenses.

Loss from Operations: Loss from operations for the year ended December 31, 2020 was $26.4 million, a decrease of $12.5 million as compared to $38.9 million for the same period in 2019.

Other Income, Net: Other income, net for the year ended December 31, 2020 reflected other income, net of $4.5 million, compared to other income, net of $19.6 million for the same period in 2019. The variance was primarily related to the changes in the value of equity method investments and marketable equity securities for the applicable periods, gain on sale of marketable securities for the applicable periods, as well as foreign currency translation adjustments related to Lineage’s international subsidiaries.

Net loss attributable to Lineage: The net loss attributable to Lineage for the year ended December 31, 2020 was $20.6 million, or $0.14 per share (basic and diluted), compared to a net loss attributable to Lineage of $11.7 million, or $0.08 per share (basic and diluted), for 2019.

Conference Call and Webcast

Lineage will host a conference call and webcast today, at 4:30 p.m. Eastern Time/1:30 p.m. Pacific Time to discuss its fourth quarter and full year 2020 financial results and to provide a business update. Interested parties may access the conference call by dialing (866) 888-8633 from the U.S. and Canada and (636) 812-6629 from elsewhere outside the U.S. and Canada and should request the "Lineage Cell Therapeutics Call". A live webcast of the conference call will be available online in the Investors section of Lineage’s website. A replay of the webcast will be available on Lineage’s website for 30 days and a telephone replay will be available through March 19, 2021, by dialing (855) 859-2056 from the U.S. and Canada and (404) 537-3406 from elsewhere outside the U.S. and Canada and entering conference ID number 4176568.

Proscia and Ibex Medical Analytics Partner to Improve Prostate Cancer Diagnosis with AI-powered Workflows

On March 11, 2021 Proscia, a leading provider of digital and computational pathology solutions, and Ibex Medical Analytics, the pioneer in artificial intelligence (AI)-based cancer diagnostics, reported that they have entered into a strategic partnership to support pathologists in detecting prostate cancer, the second leading cause of cancer death among men in the United States (Press release, Proscia, MAR 11, 2021, View Source [SID1234576537]). Through the collaboration, the partners will advance the use of computationally-enabled workflows leveraging AI, which drive accuracy, efficiency, and quality gains in routine pathology diagnosis.

Schedule your 30 min Free 1stOncology Demo!
Discover why more than 1,500 members use 1stOncology™ to excel in:

Early/Late Stage Pipeline Development - Target Scouting - Clinical Biomarkers - Indication Selection & Expansion - BD&L Contacts - Conference Reports - Combinatorial Drug Settings - Companion Diagnostics - Drug Repositioning - First-in-class Analysis - Competitive Analysis - Deals & Licensing

                  Schedule Your 30 min Free Demo!

The standard of care for diagnosing cancer is the pathologist’s assessment of tissue biopsies using the microscope. Diagnosing prostate cancer from a tissue biopsy is challenging given that it requires the pathologist to review a large number of samples to find tumor foci that are often subtle, minute, and dependent on a qualitative grading system to assess disease severity. This review process can lead to an increased utilization of pathologists, missed diagnoses, reliance on ancillary tests, and reduced confidence in treatment decisions.

Proscia and Ibex have joined forces to deliver a unified software solution that powers AI-enabled workflows for prostate cancer diagnosis, helping laboratories to drive meaningful productivity and quality gains. The joint product integration will bring together Ibex’s Galen Prostate solution with Proscia’s Concentriq image and data management platform, introducing AI-powered triaging, cancer detection, and grading of prostate core needle biopsies into routine workflows. Galen Prostate is already deployed in laboratories worldwide and supports pathologists with real-time quality control by alerting on misdiagnosed and mis-graded cancers.

"As prostate cancer impacts millions of patients each year, and as pathologists face ever-increasing challenges, it is paramount that we empower laboratories with clinical-grade AI solutions that provide accurate, timely diagnosis and ultimately improve patient outcomes," said Joseph Mossel, CEO and Co-founder of Ibex Medical Analytics. "We are excited to partner with Proscia to accelerate development and rollout of end-to-end digital pathology solutions that utilize the full potential of our AI technology."

Proscia’s Concentriq is used by top reference laboratories and health systems for routine image viewing, management, and analysis and serves as a launchpad for computational applications. The deeply integrated solution will make Galen Prostate available to users of Concentriq, starting with select customers in the United States and Europe. As Concentriq also works with leading scanners and laboratory information systems (LIS), offering seamless integrations with Philips, Leica, 3DHISTECH, and Hamamatsu, it will incorporate AI insights delivered by Galen Prostate into laboratories’ connected digital ecosystems.

"Computational pathology is poised to make the biggest impact on the field since the introduction of the microscope over a century ago," said David West, CEO of Proscia. "Our partnership with Ibex helps laboratories to capitalize on this promise by seamlessly deploying a solution backed by great science and proven customer success into workflows at scale."

To learn more, please visit Proscia’s virtual booth and Ibex’s virtual booth at the USCAP 110th Annual Meeting. The partners will be hosting a live presentation, "Improving the Speed and Accuracy of Prostate Cancer Diagnosis," which USCAP Annual Meeting attendees can access here on March 15th at 10:45AM PT and March 16th at 10:30AM PT.

Marker Therapeutics, Inc. Announces Proposed Public Offering of Common Stock

On March 11, 2021 Marker Therapeutics, Inc. (Nasdaq: MRKR), a clinical-stage immuno-oncology company specializing in the development of next-generation T cell-based immunotherapies for the treatment of hematological malignancies and solid tumor indications, reported that it has commenced an underwritten public offering of shares of its common stock (Press release, Marker Therapeutics, MAR 11, 2021, View Source [SID1234576558]). In addition, Marker expects to grant the underwriters a 30-day option to purchase additional shares of its common stock. All of the shares to be sold in the offering are to be sold by Marker. The offering is subject to market and other conditions, and there can be no assurance as to whether or when the offering may be completed, or the actual size or terms of the offering.

Schedule your 30 min Free 1stOncology Demo!
Discover why more than 1,500 members use 1stOncology™ to excel in:

Early/Late Stage Pipeline Development - Target Scouting - Clinical Biomarkers - Indication Selection & Expansion - BD&L Contacts - Conference Reports - Combinatorial Drug Settings - Companion Diagnostics - Drug Repositioning - First-in-class Analysis - Competitive Analysis - Deals & Licensing

                  Schedule Your 30 min Free Demo!

Piper Sandler & Co. is acting as the sole active book-running manager for the offering.

The proposed offering is being made pursuant to a shelf registration statement, including a base prospectus, filed by Marker that was declared effective by the Securities and Exchange Commission ("SEC") on June 25, 2019. The offering will be made only by means of a written prospectus and prospectus supplement that form a part of the registration statement. An electronic copy of the preliminary prospectus supplement and accompanying prospectus relating to the offering will be available on the website of the SEC at www.sec.gov. Copies of the preliminary prospectus supplement, when available, and the accompanying prospectus relating to the offering may be obtained by contacting Piper Sandler & Co., Attention: Prospectus Department, 800 Nicollet Mall, J12S03, Minneapolis, Minnesota 55402, by telephone at (800) 747-3924 or by email at [email protected]. The final terms of the offering will be disclosed in a final prospectus supplement to be filed with the SEC.

This press release shall not constitute an offer to sell or the solicitation of an offer to buy these securities, nor shall there be any sale of these securities in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction.

Savara Announces Pricing of Public Offering of Common Stock

On March 11, 2021 Savara Inc. (Nasdaq: SVRA), an orphan lung disease company, reported the pricing of an underwritten public offering of 45,785,828 shares of its common stock at a price to the public of $1.45 per share (Press release, Savara, MAR 11, 2021, View Source [SID1234576588]). As a component of the offering, in lieu of shares of common stock, Savara offered to certain existing investors pre-funded warrants to purchase an aggregate of 32,175,172 shares of common stock at a purchase price of $1.449 per warrant, which represents the per share public offering price for the common stock less the $0.001 per share exercise price for each pre-funded warrant. The expected gross proceeds of the offering are approximately $113.0 million. In addition, Savara has granted the underwriters a 30-day option to purchase up to 11,694,150 additional shares of its common stock at the public offering price, less the underwriting discounts and commissions. The offering is expected to close on March 15, 2021, subject to customary closing conditions.

Schedule your 30 min Free 1stOncology Demo!
Discover why more than 1,500 members use 1stOncology™ to excel in:

Early/Late Stage Pipeline Development - Target Scouting - Clinical Biomarkers - Indication Selection & Expansion - BD&L Contacts - Conference Reports - Combinatorial Drug Settings - Companion Diagnostics - Drug Repositioning - First-in-class Analysis - Competitive Analysis - Deals & Licensing

                  Schedule Your 30 min Free Demo!

Savara intends to use the net proceeds from this offering for working capital to support operations, including but not limited to clinical development, manufacturing, regulatory, and commercial activities related to its molgramostim nebulizer solution (molgramostim, formerly referred to as Molgradex) in autoimmune pulmonary alveolar proteinosis (aPAP) program and the IMPALA 2 trial, and general and administrative expenses.

Jefferies LLC and Piper Sandler are acting as joint book-running managers and representatives of the underwriters for the offering. Oppenheimer & Co. Inc. is acting as the lead manager and H.C. Wainwright & Co., LLC is acting as co-manager for the offering.

The securities were issued and sold pursuant to Savara’s existing shelf registration statement (File No. 333-225994) filed with the Securities and Exchange Commission (SEC) on June 29, 2018 and declared effective on July 13, 2018. A preliminary prospectus supplement describing the terms of the offering was filed with the SEC on March 10, 2021. Copies of the final prospectus supplement and accompanying prospectus relating to the offering may be obtained by contacting Jefferies LLC, Attention: Equity Syndicate Prospectus Department, 520 Madison Avenue, 2nd Floor, New York, NY 10022, or by telephone at (877) 547-6340, or by email at [email protected] or Piper Sandler & Co., Attention: Prospectus Department, 800 Nicollet Mall, J12S03, Minneapolis, MN 55402, or by telephone at (800) 747-3924, or by email at [email protected]. An electronic copy of the final prospectus supplement and accompanying prospectus relating to the offering will be available on the SEC website at www.sec.gov.

This press release does not constitute an offer to sell or the solicitation of offers to buy any securities of Savara, and shall not constitute an offer, solicitation, or sale of any security in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction.

Longboard Pharmaceuticals Announces Pricing of Initial Public Offering

On March 11, 2021 Longboard Pharmaceuticals, Inc., a clinical-stage biopharmaceutical company focused on developing novel, transformative medicines for neurological diseases, reported the pricing of its initial public offering of 5,000,000 shares of its common stock at a price to the public of $16.00 per share (Press release, Longboard Pharmaceuticals, MAR 11, 2021, View Source [SID1234576611]). The gross proceeds to Longboard from the offering, before deducting underwriting discounts and commissions and estimated offering expenses, are expected to be $80.0 million.

Schedule your 30 min Free 1stOncology Demo!
Discover why more than 1,500 members use 1stOncology™ to excel in:

Early/Late Stage Pipeline Development - Target Scouting - Clinical Biomarkers - Indication Selection & Expansion - BD&L Contacts - Conference Reports - Combinatorial Drug Settings - Companion Diagnostics - Drug Repositioning - First-in-class Analysis - Competitive Analysis - Deals & Licensing

                  Schedule Your 30 min Free Demo!

Longboard was formed in January 2020 by Arena Pharmaceuticals, Inc. (Arena) to advance a portfolio of centrally acting product candidates designed to be highly selective for specific G protein-coupled receptors (GPCRs).

The shares are expected to begin trading on the Nasdaq Global Market on March 12, 2021, under the symbol "LBPH". The offering is expected to close on March 16, 2021, subject to satisfaction of customary closing conditions. In addition, Longboard has granted the underwriters a 30-day option to purchase up to an additional 750,000 shares of common stock at the initial public offering price, less underwriting discounts and commissions. All of the shares are being offered by Longboard.

Citigroup, Evercore ISI, Guggenheim Securities and Cantor are acting as joint book-running managers for the offering.

The offering is being made only by means of a prospectus. Copies of the final prospectus relating to the offering may be obtained, when available, from: Citigroup Global Markets, Inc., c/o Broadridge Financial Solutions, 1155 Long Island Avenue, Edgewood, NY 11717 or by telephone at (800) 831-9146; Evercore Group L.L.C., Attention: Equity Capital Markets, 55 East 52nd Street, 36th Floor, New York, NY 10055, by telephone at (888) 474-0200, or by e-mail at [email protected]; Guggenheim Securities, LLC, Attention: Equity Syndicate Department, 330 Madison Avenue, New York, NY 10017 or by telephone at (212) 518-5548, or by email at [email protected]; and Cantor Fitzgerald & Co., Attention: Capital Markets, 499 Park Avenue, New York, NY 10022, or by e-mail at [email protected].

A registration statement relating to these securities has been filed with the Securities and Exchange Commission and was declared effective on March 11, 2021. This press release shall not constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of, these securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction.