Item 1A. Risk Factors
ITEM
1A.
RISK FACTORS.
In
addition to the information set forth under Item 1A of Part I to our Annual Report on Form 10-K for the year ended December 31, 2022,
the information set forth at the beginning of Management’s Discussion and Analysis entitled “Special Note Regarding Forward-Looking
Information,” and updates noted below, you should consider that there are numerous and varied risks, known and unknown, that may
prevent us from achieving our goals. If any of these risks actually occur, our business, financial condition or results of operation
may be materially and adversely affected. In such case, the trading price of our common stock could decline and investors could lose
all or part of their investment. These risk factors may not identify all risks that we face and our operations could also be affected
by factors that are not presently known to us or that we currently consider to be immaterial to our operations.
We
have a history of substantial net losses and expect losses to continue in the future; if we do not achieve and sustain profitability
our financial condition could suffer.
We
have experienced substantial net losses, and we expect to continue to incur substantial losses for the foreseeable future. We incurred
net losses of approximately $42 million for the quarter ended June 30, 2023. As of June 30, 2023, we had net working capital of approximately
$101 million and an accumulated deficit of approximately $405 million. We have not yet achieved profitability.
If
our revenue grows slower than we anticipate, or if our operating expenses are higher than we expect, we may not be able to achieve profitability
and our financial condition could suffer. We can give no assurance that we will ever achieve profitable operations. Even if we achieve
profitability in the future, we may not be able to sustain profitability in subsequent periods. Whether we can achieve cash flow levels
sufficient to support our operations cannot be accurately predicted. We may need to borrow additional funds or sell our debt or equity
securities, or some combination of both, to provide funding for our operations in the future. Such additional funding may not be available
on commercially reasonable terms, or at all.
We
received an SEC subpoena and are cooperating with the SEC.
In
July 2023, we received a subpoena from the SEC requesting the production of documentation and other information since January 1, 2020,
relating to various subjects, including executive departures, related-party transactions, number of EV charging stations, and other discrete
disclosure matters. We intend to fully cooperate with the SEC and are in the process of responding to the subpoena. At this point, we
are unable to predict what the timing or the outcome of the SEC investigation may be or what, if any, consequences the SEC investigation
may have on us. We can provide no assurances as to the outcome of the SEC investigation.
ITEM 2.
UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS.
None.
ITEM 3.
DEFAULTS UPON SENIOR SECURITIES
None.
ITEM 4.
MINE SAFETY DISCLOSURES.
Not
applicable.
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