8 unchanged sentences
Such alternative structures may be less favorable or unavailable in which case we may be forced to forego opportunities or required to downsize operations due to lack of funding.
−Removed: If we fail to comply with Nasdaq’s continued minimum closing bid requirements by September 29, 2025 or other requirements for continued listing, including stockholder equity requirements, our common stock may be delisted and the price of our common stock and our ability to access the capital markets could be negatively impacted.
−Removed: Our common stock is listed for trading on Nasdaq, therefore, we must satisfy Nasdaq’s continued listing requirements, including, among other things, a minimum closing bid price requirement of $1.00 per share for 30 consecutive business days.
−Removed: On April 1, 2025, the Staff notified us that we did not comply with the minimum bid price requirement for continued listing, as set forth in Nasdaq Listing Rule 5550(a)(2), during the 30 consecutive business day period beginning on February 18, 2025, and ending March 31, 2025.
−Removed: We have been granted 180 calendar days, or until September 29, 2025, to regain compliance.
−Removed: In the event that we do not regain compliance within this 180 period, we may be eligible to seek an additional compliance period of 180 days if we meet certain requirements.
−Removed: There can be no assurance that we will be able to regain compliance with Nasdaq’s listing rules.
−Removed: If we are unable to regain compliance with the minimum bid price requirement or if we fail to meet any of the other continued listing requirements, including stockholder equity requirements, our securities may be delisted from Nasdaq, which could
−Removed: reduce the liquidity of our common stock materially and result in a corresponding material reduction in the price of our common stock.
+Added: If we fail to comply with Nasdaq’s continued minimum closing bid requirements by March 30, 2026 or other requirements for continued listing, including stockholder equity requirements, our common stock may be delisted and the price of our common stock and our ability to access the capital markets could be negatively impacted.
+Added: Our common stock is listed for trading on Nasdaq, therefore, we must satisfy Nasdaq’s continued listing requirements, including, among other things, a minimum closing bid price requirement of $1.00 per share for 30 consecutive business days, which is referred to as the Bid Price Rule.
+Added: On April 1, 2025, the Staff notified us that we did not comply with the Bid Price Rule, as set forth in Nasdaq Listing Rule 5550(a)(2), during the 30 consecutive business day period beginning on February 18, 2025, and ending March 31, 2025.
+Added: We were granted 180 calendar days, or until September 29, 2025, to regain compliance with the Bid Price Rule.
+Added: On September 30, 2025, the Staff sent us a second letter granting our request for a 180-day extension, or until March 30, 2026, to regain compliance with the Bid Price Rule.
+Added: To regain compliance with the Bid Price Rule and to qualify for continued listing on Nasdaq, the minimum bid price per share of our common stock must be at least $1.00 for at least ten consecutive business days during the 180-day extension.
+Added: As part of our request for the 180-day extension, we notified Nasdaq that we intend to regain compliance with the Bid Price Rule by effecting a reverse stock split, if necessary.
+Added: If we do not regain compliance with the Bid Price Rule during the 180-day extension, our common stock will be subject to delisting by Nasdaq.
+Added: At that time, we may appeal the relevant delisting determination to a hearings panel
+Added: pursuant to the procedures set forth in the applicable Nasdaq Listing Rules.
+Added: However, there can be no assurance that, if the we do appeal the delisting determination by Nasdaq to the hearings panel, that such appeal would be successful.
+Added: There can be no assurance that we will be able to regain compliance with Nasdaq’s listing rules, including the Bid Price Rule.
+Added: If we are unable to regain compliance with the Bid Price Rule or if we fail to meet any of the other continued listing requirements, including stockholder equity requirements, our securities may be delisted from Nasdaq, which could reduce the liquidity of our common stock materially and result in a corresponding material reduction in the price of our common stock.
In addition, delisting could harm our ability to raise capital on terms acceptable to us, or at all, and may result in the potential loss of confidence by investors, employees and business development opportunities.
−Removed: We are subject to risks associated with proxy contests and other actions of activist stockholders.
−Removed: On February 10, 2025, the Board formed the Special Committee to review and analyze purported director nominations by certain of our stockholders, and non-stockholders, in connection with our 2025 Annual Meeting, and to manage communications and to negotiate and agree settlements with such purported nominating individuals.
−Removed: On May 22, 2025, the Special Committee entered into the Cooperation Agreements, which agreements required, among other things, the appointment of Messrs.
−Removed: DiGiandomenico and Basenese to the Board.
−Removed: Following the 2025 Annual Meeting, the Special Committee was dissolved.
−Removed: Any legal challenges or other actions by stockholders could result in costly and time-consuming litigation, interfere with our ability to execute our business plan, give rise to perceived uncertainties as to our future direction, adversely affect our relationships with customers, suppliers, investors, prospective and current team members and others, result in the loss of potential business opportunities, or make it more difficult to attract and retain qualified personnel, any of which could materially and adversely affect our business and operating results.
−Removed: The market price of our common stock could be subject to significant fluctuation or otherwise be adversely affected by the events, risks and uncertainties related to any such stockholder activism.
+Added: Adverse judgments or settlements in legal proceedings could materially harm our business, financial condition, operating results and cash flows.
+Added: We may be a party to claims that arise from time to time in the ordinary course of our business, which may include those related to, for example, our securities offerings, contracts, sub-contracts, protection of confidential information or trade secrets, adversary proceedings arising from customer bankruptcies, stockholder engagement, employment of our workforce and immigration requirements or compliance with any of a wide array of state and federal statutes, rules and regulations that pertain to different aspects of our business.
+Added: Regardless of the merits of any particular claim, responding to such actions could divert time, resources and management’s attention away from our business operations, and we may incur significant expenses in defending these lawsuits or other similar lawsuits.
+Added: The results of litigation and other legal proceedings are inherently uncertain, and adverse judgments or settlements in some of these legal disputes may result in adverse monetary damages, penalties or injunctive relief against us, which could have a material adverse effect on our financial condition, operating results and cash flows.
+Added: Any claims or litigation, even if fully indemnified or insured, could damage our reputation and make it more difficult to compete effectively or to obtain adequate insurance in the future.
+Added: Furthermore, while we maintain insurance for certain potential liabilities, such insurance does not cover all types and amounts of potential liabilities and is subject to various exclusions as well as deductibles and caps on amounts of coverage.
+Added: Even if we believe a claim is covered by insurance, insurers may dispute our entitlement to coverage for a variety of potential reasons, which may affect the timing and, if the insurers prevail, the amount of our available insurance coverage for a particular claim.
+Added: Further, whether or not we are named as a party to a particular proceeding or threatened proceeding, we may be subject to indemnification and/or advancement obligations to our current directors and executive officers as well as other third parties, which may include former directors, that could subject us to liability for damages or other amounts payable as a result of any judgments or settlements, as well as for fees and expenses incurred in connection with any proceedings or threatened proceedings.
+Added: We may also be required to initiate expensive litigation or other proceedings to protect our business interests.
+Added: There is a risk that we will not be successful or otherwise be able to satisfactorily resolve such claims or litigation.
+Added: Litigation and other legal claims are subject to inherent uncertainties.
+Added: Those uncertainties include, but are not limited to, litigation costs and attorneys’ fees, unpredictable judicial or jury decisions and the differing laws and judicial proclivities regarding damage awards among the states in which we operate.
+Added: Unexpected outcomes in such legal proceedings, or changes in management’s evaluation or predictions of the likely outcomes of such proceedings, could have a material adverse effect on our business, financial condition, results of operations and cash flows.
+Added: Our current financial status may increase our default and litigation risks and may make us more financially vulnerable in the face of threatened litigation.
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.