Item 3. Legal Proceedings
ITEM
3. LEGAL PROCEEDINGS
On October 2, 2018, Contract
Pharmacal Corp. (“Contract Pharmacal”) commenced an action, relating to a Sublease entered into between us and Contract Pharmacal
in May 2018 with respect to the property formerly occupied by our subsidiary Welding Metallurgy, Inc. (“WMI”), at 110 Plant
Avenue, Hauppauge, New York. In the action, Contract Pharmacal sought damages for an amount in excess of $1,000,000 for our failure to
make the entire premises available by the Sublease commencement date. On July 8, 2021, the Court denied Contract Phamacal’s motion
for summary judgement. In the Order, the court granted Contract Pharmacal’s Motions to drop its claim for specific performance and
to amend its Complaint to reduce its claim for damages to $700,000. Subsequently, Contract Phamacal moved to amend its Complaint. We opposed
and the Court denied the request to amend the Complaint. Contract Pharmacal filed a Motion to reargue which the Court denied on November
30, 2021. On March 10, 2022, Contract Pharmacal filed an appeal to the Court’s decision with the Appellate Division which we have
opposed. We dispute the validity of the claims asserted by Contract Pharmacal, continue to believe we have a meritorious defense to those
claims and intend to dispute the validity of the claim asserted by Contract Pharmacal.
From
time to time we may be engaged in various lawsuits and legal proceedings in the ordinary course of our business. We are currently not
aware of any legal proceedings the ultimate outcome of which, in our judgment based on information currently available, would have a
material adverse effect on our business, financial condition or operating results. There are no proceedings in which any of our directors,
officers or affiliates, or any registered or beneficial stockholder of our common stock, is an adverse party or has a material interest
adverse to our interest.
ITEM
4. MINE SAFETY DISCLOSURES
Not
applicable.
16
PART
II
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