Item 2. Unregistered Sales of Equity Securities
ITEM
2. UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS.
Unregistered
Sales of Equity Securities
None.
Purchases
of Equity Securities by the Issuer and Affiliated Purchasers
None.
Dividends
Our
current and future debt financing arrangements may limit or prevent cash distributions from our subsidiaries to us, depending
upon the achievement of specified financial and other operating conditions and our ability to properly service our debt, thereby
limiting or preventing us from paying cash dividends.
For
the three and nine months ended September 30, 2020, we accrued an aggregate of $0.3 million and $0.9 million, respectively, in
dividends on our Series B Cumulative Convertible Preferred Stock, or Series B Preferred Stock, but did not declare or pay cash
dividends, as permitted under an agreement with the holders of our Series B Preferred Stock, in an effort to preserve liquidity.
For the three and nine months ended September 30, 2019, we declared and paid in cash an aggregate of $0.3 million and $0.9 million,
respectively, in dividends on our Series B Preferred Stock.
We
have never declared or paid cash dividends on our common stock and do not currently intend to pay cash dividends on our common
stock in the foreseeable future. We currently anticipate that we will retain any earnings for use in the continued development
of our business.
The
holders of our outstanding Series B Preferred Stock are entitled to dividends of 7% per annum, payable quarterly. Accrued and
unpaid dividends in respect of our Series B Preferred Stock must be paid prior to the payment of any dividends in respect of shares
of our common stock.
ITEM
3. DEFAULTS UPON SENIOR SECURITIES.
Not
applicable.
ITEM
4. MINE SAFETY DISCLOSURES.
Not
applicable.
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