1 unchanged sentence
From time to time, the Company may be involved in litigation relating to claims arising out of commercial operations in the normal course of business.
−Removed: As of September 30, 2022, there were no pending or threatened lawsuits that could reasonably be expected to have a material effect on the results of operations.
+Added: As of March 31, 2023, there were no pending or threatened lawsuits that could reasonably be expected to have a material effect on the results of operations.
The Company was the target of a “short” report issued by Kerrisdale Capital in early October, 2021, and as a result of such short report, on October 29, 2021, a Class Action Complaint (i.e.
3 unchanged sentences
District Court for the Southern District of Texas, Houston Division, pursuant to which the Plaintiffs are seeking to recover damages alleged to have been suffered by them as a result of the defendants’ violations of federal securities laws.
−Removed: On or about April 18, 2022, the Company was made aware of a Shareholder Derivative Complaint filed with the District Court in Clark County, Nevada (Case No.:
−Removed: A-22-848486-B) against the Company and its directors, and on or about May 4, 2022 the Company was made aware of a second Shareholder Derivative Complaint filed with the District Court in Clark County, Nevada (Case No.
−Removed: A-22-852069-B) against the Company and its directors.
−Removed: On July 18, 2022, the shareholder plaintiff in Case No.
−Removed: A-22-848486-B voluntarily dismissed his lawsuit, leaving only Case No.
−Removed: A-22-852069-B currently pending in Clark County, Nevada (the “Nevada Derivative Complaint”) to the Company’s knowledge.
−Removed: The allegations contained in the Nevada Derivative Complaint involve state-law claims for breach of fiduciary duty and unjust enrichment and are based on allegations similar to those in the above-noted Class Action Complaint.
+Added: The defendants deny the allegations contained in the Class Action Complaint and have engaged Baker Botts L.L.P.
+Added: to defend the action.
On or about June 30, 2022, the Company was made aware of a Shareholder Derivative Complaint filed in the U.S.
2 unchanged sentences
The allegations contained in the Houston Derivative Complaint involve state-law claims for breach of fiduciary duty and unjust enrichment and a federal securities claim under Section 14(a) of the Securities Exchange Act of 1934.
−Removed: The defendants deny the allegations contained in the Derivative Complaints and the Class Action Complaint and have engaged Baker Botts L.L.P.
+Added: On January 20, 2023, the U.S.
+Added: District Court held that certain claims brought by the plaintiff relating to director actions and statements made in proxy statements prior to June 30, 2019, were time barred, but did not dismiss certain claims brought by plaintiff relating to director actions and statements made in proxy statements after June 30, 2019.
+Added: Pursuant to Article 6 of the Amended and Restated Bylaws, on February 15, 2023, the Company’s Board formed a Special Litigation Committee to investigate, analyze, and evaluate the remaining allegations in the Houston Derivative Complaint.
+Added: The Special Litigation Committee’s investigation and evaluation remains ongoing.
+Added: At this time, we are not able to predict the outcome of the Special Litigation Committee investigation or these claims.
+Added: The defendants deny the allegations contained in the Class Action Complaint and Houston Complaint and have engaged Baker Botts L.L.P.
to defend the actions.
+Added: On or about April 18, 2022, the Company was made aware of a Shareholder Derivative Complaint filed with the District Court in Clark County, Nevada (Case No.:
+Added: A-22-848486-B) against the Company and its directors, and on or about May 4, 2022 the Company was made aware of a second Shareholder Derivative Complaint filed with the District Court in Clark County, Nevada (Case No.
+Added: A-22-852069-B) against the Company and its directors.
+Added: On July 18, 2022, the shareholder plaintiff in Case No.
+Added: A-22-848486-B voluntarily dismissed his lawsuit, and on December 12, 2022 the shareholder plaintiff in Case No.
+Added: A-22-852069-B voluntarily dismissed his lawsuit.
As a smaller reporting company as defined by Rule 12b-2 of the Securities Exchange Act of 1934, the Company is not required to provide the information under this item.
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.