What changed in this filing

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Item 1A. Risk Factors

2024-05-10 compared with 2023-11-13 · 21 added, 29 removed, 12 unchanged (81% of the section changed)

11 unchanged sentences

to be immaterial to our operations.

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 $113 million for the quarter ended September

As of September 30, 2023, we had net working capital of approximately $94 million and an accumulated deficit of approximately

$518 million.

We have not yet achieved profitability.

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.

received an SEC subpoena and are cooperating with the SEC.

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, and EV charging station 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.

have a history of annual and quarterly net losses which may continue and which may negatively impact our ability to achieve our business

have experienced annual and quarterly net losses which may continue and which may negatively impact our ability to achieve our business

We incurred a net loss of approximately $17.1 million for the three months ended March 31, 2024.

As of March 31, 2024, we

had net working capital of approximately $13 1 million and an accumulated deficit of approximately $55 5 million.

We have not yet achieved

profitability.

our revenues grow slower than we anticipate, or if our operating expenses are higher than we expect, we may not be able to achieve profitability

on an annual or quarterly basis in the future 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 it in subsequent periods.

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.

Unregistered Sales of Equity Securities, Use of Proceeds,

and Issuer Purchases of Equity Securities.

DEFAULTS UPON SENIOR SECURITIES

MINE SAFETY DISCLOSURES.

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-Q

Item 1A. Risk Factors