What changed in this filing

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Item 5. Market for Registrant’s Common Equity

2023-03-14 compared with 2022-03-15 · 58 added, 24 removed, 27 unchanged (75% of the section changed)

Market For Registrant’s Common Equity,

Related Stockholder Matters and Issuer Purchases of Equity Securities.

Market For Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities.

Market Information

3 unchanged sentences

Security Holders

As of March 11, 2022, we had

73,726,517 shares of common stock outstanding held of record by approximately 310 stockholders and 896 shares of non-voting common stock

outstanding held of record by one stockholder.

These holders of record include depositories that hold shares of stock for brokerage firms

which, in turn, hold shares of stock for numerous beneficial owners.

On March 11, 2022, the closing sales price of our common stock on

The Nasdaq Capital Market was $6.13 per share.

As of March 13, 2023, we had 75,144,522 shares of common stock outstanding

held of record by approximately 320 stockholders and 896 shares of non-voting common stock outstanding held of record by one stockholder.

These holders of record include depositories that hold shares of stock for brokerage firms which, in turn, hold shares of stock for numerous

beneficial owners.

On March 13, 2023, the closing sales price of our common stock on The Nasdaq Capital Market was $1.865 per share.

Performance Graph

7 unchanged sentences

on our common stock in the foreseeable future.

Stockholder returns over the indicated periods should not be considered indicative of

future stock prices or stockholder returns.

Stockholder returns over the indicated periods should not be considered indicative of future

stock prices or stockholder returns.

This graph assumes that the value of the investment in our common stock and each of the comparison

9 unchanged sentences

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.

Further, the holders of our outstanding Series B Preferred Stock are entitled to dividends of 7% per

annum, payable quarterly in arrears.

For the first nine months of 2019, we declared and paid in cash dividends on our outstanding

shares of Series B Preferred Stock as they became due;

however, for the fourth quarter of 2019, and for all of 2020, we accrued but

did not declare or pay cash dividends under an agreement with the holders of our Series B Preferred Stock in an effort to preserve

During 2021, we declared and paid cash dividends on our outstanding shares of Series B Preferred Stock as they became due

and paid in cash all accrued and unpaid dividends for 2019 and 2020 in respect of our Series B Preferred Stock.

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

Further, 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.

For 2020, we accrued but did

not declare or pay cash dividends under an agreement with the holders of our Series B Preferred Stock in an effort to preserve liquidity.

For 2022, we declared and paid cash dividends on our outstanding shares of Series B Preferred Stock as they became due and, in addition,

in 2021, we paid in cash all accrued and unpaid dividends for 2021 and 2020 in respect of our Series B Preferred Stock.

Recent Sales of Unregistered Securities

Purchases of Equity Securities

by the Issuer and Affiliated Purchasers

On November 7, 2022, we entered

into a credit agreement with certain funds managed by Orion Infrastructure Capital to borrow up to $125,000,000.

In connection with that

transaction, we committed to issue to the lenders pro rata an aggregate of 1,282,051 shares of our common stock at the initial funding

and up to an additional 320,513 shares of our common stock based upon certain further fundings under the credit facility.

23, 2022, we received our initial funding of $60,000,000 under the credit facility and issued an aggregate of 1,282,051 shares of our

common stock to the lenders.

We received no separate consideration for the shares of common stock issued.

See “Management’s

Discussion and Analysis of Financial Condition and Results of Operations—Liquidity and Capital Resources—Orion Term Loan.”

Exemption from the registration requirements of the Securities Act

for the transaction described above is claimed under Section 4(a)(2) of the Securities Act and Rule 506 of Regulation D as promulgated

by the Securities and Exchange Commission under the Securities Act.

Purchases of Equity

Securities by the Issuer and Affiliated Purchasers

The following table sets

forth information about repurchases of our common stock for the three months ended December 31, 2022:

purchased (1)

Average price paid per share

Total number of shares purchased as part of publicly-

announced plans or programs (2)

Approximate dollar value of shares that may yet be purchased under plans or programs (2)(3)

October 1 to October 31, 2022

November 1 to November 30, 2022

December 1 to December 31, 2022

Three months ended December 31, 2022

(1) We repurchased 92,000 shares as part of our publicly announced

share repurchase program during the three months ended December 31, 2022 and received no shares transferred from employees in satisfaction

of minimum statutory tax withholding obligations upon the vesting of restricted stock during the period.

(2) On September 12, 2022, we announced a share repurchase program

under which we may repurchase up to $50 million of our common stock with an initial purchase authorization of $10 million.

have further limited our purchase authorization to $5 million.

Amounts in excess of our lenders’ initial purchase authorization

of $5 million will require additional lender consent and amounts in excess of the initial purchase authorization of $10 million will

require additional board and preferred stockholder authorization.

The share repurchase program does not have an expiration date, does

not require the repurchase of any particular amount of shares, and may be implemented, modified, suspended or discontinued in whole or

in part at any time and without further notice.

(3) Amount represents the share repurchase program size of $50

million less approximately $1.3 million in aggregate share repurchases, but is subject to authorizations for purchases in excess of our

lenders’ purchase authorization of $5 million and our board and preferred stockholders’ initial purchase authorization of

Not Applicable.

Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.

What changed 10-K

Item 5. Market for Registrant’s Common Equity