8 unchanged sentences
in a legal proceeding could adversely affect our reputation, financial condition and operating results.
−Removed: Other than as follows, there are
−Removed: no legal proceedings or arbitration proceedings currently pending against our company.
−Removed: company, as well as Henry Nisser, our Executive Vice President, General Counsel and a director, and Milton C.
−Removed: Ault III, our Founder and
−Removed: Chaiman Emeritus, have been named as defendants in a suit filed in Supreme Court, New York County on June 3, 2021, titled Dominion Capital
−Removed: Nisser, Index No.
−Removed: The plaintiff alleges that it entered into a loan agreement with Avalanche International Inc.
−Removed: (“Avalanche”)
−Removed: in April 2019 in the principal amount of $2.75 million in reliance on alleged false statements by Messrs.
−Removed: Nisser and Ault.
−Removed: The plaintiff
−Removed: asserts two counts against our company alleging that we received a portion of the Avalanche loan proceeds and are liable to the plaintiff
−Removed: under theories of unjust enrichment and fraudulent conveyance.
−Removed: The Complaint seeks damages of at least the principal amount of the loan.
−Removed: According to our records, however, we received a total of $385,000 from Avalanche after the date of the loan.
−Removed: While our company, as well
−Removed: Nisser and Ault, believe the claims are without merit and intend to defend against the claims vigorously, there can be no assurance
−Removed: as to the outcome of the litigation.
+Added: There are no legal proceedings
+Added: or arbitration proceedings currently pending against our company.
MINE SAFETY DISCLOSURES
1 unchanged sentence
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.