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 months ended March 31, 2021 and 2020, we accrued an aggregate of $0.3 million 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.
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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