99 unchanged sentences
In addition, given the current political climate regarding the U.S.
−Removed: immigration laws, we may not be able attract highly-skilled technical employees from abroad.
+Added: immigration laws, we may not be able to attract highly-skilled technical employees from abroad.
We are dependent on our key personnel whose continued service is not guaranteed.
23 unchanged sentences
We may require additional financing to fund future operations, which may not be available to us on acceptable terms or at all.
−Removed: As of December 31, 2022, we had approximately $1.0 million of cash and cash equivalents.
+Added: As of December 31, 2023, we had approximately $17.8 million of cash and cash equivalents and $ 4.4 million of marketable securities.
Although we anticipate having sufficient cash on hand, cash from future operations and cash from the sale of marketable securities to fund our operations for the next twelve months, there can be no assurance that efforts to enforce our patents will be successful or that our marketing and sales efforts will progress as anticipated or that our cash generated from operations will be as expected, and we may need additional debt or equity financing in the next twelve months to execute our business plan and to be able to continue as a going concern.
7 unchanged sentences
Bagley beneficially owns approximately 44% of our issued and outstanding shares of common stock.
−Removed: Pursuant to the Note Purchase Agreement, dated December 8, 2019, by and between Mr.
−Removed: Bagley and the Company, Mr.
−Removed: Bagley has a security interest in substantially all of the assets of the Company as well as certain observer rights with respect to meetings of our board of directors, and the Company is restricted from issuing shares of common stock at a purchase price less than $2.11 per share except in certain limited, extraordinary transactions.
−Removed: In addition, Mr.
Bagley’s daughter, Lisa Higley, is a member of our board of directors.
−Removed: Bagley’s significant share ownership, as well as his security interests in substantially all of our assets, Mr.
+Added: Bagley’s significant share ownership, Mr.
Bagley will be able to significantly influence who serves on our board of directors and the outcome of matters required to be submitted to our stockholders for approval, including, without limitation, decisions relating to the outcome of any proposed merger or consolidation of our company and Mr.
6 unchanged sentences
Our business could be materially affected by conditions in the global financial markets and economic conditions generally.
−Removed: The recent outbreak of a novel coronavirus, which causes the disease now known as COVID-19, was first identified in December 2019 in Wuhan, China, and has since spread globally.
+Added: The recent outbreak of a novel coronavirus, which causes the disease now known as COVID- 19 , was first identified in December 2019 in China, and has since spread globally.
Government efforts to contain the spread of the coronavirus through lockdowns of cities, business closures, restrictions on travel and emergency quarantines, among others, and responses by businesses and individuals to reduce the risk of exposure to infection, including social distancing in the form of reduced travel, cancellation of meetings and public and private events, and implementation of work-at-home policies, among others, have caused significant disruptions to the global economy and normal business operations across a growing list of sectors and countries, including in the United States.
27 unchanged sentences
As of December 31, 2023 , there were outstanding options to acquire approximately 607,810 shares of our common stock at a weighted average exercise price of $5.03 per share.
−Removed: In addition, as of December 31, 2022 there were outstanding warrants and convertible instruments to acquire approximately 5,932,076 shares at weighted average exercise price of $2.47.
−Removed: During the terms of these options, warrants and convertibles the holders thereof will have the opportunity to profit from an increase in the market price of the common stock.
+Added: In addition, as of December 31, 2023 there were outstanding warrants to acquire approximately 5,022,123 shares at weighted average exercise price of $2.54.
+Added: During the terms of these options and warrants the holders thereof will have the opportunity to profit from an increase in the market price of the common stock.
The existence of these derivatives may adversely affect the terms on which we can obtain additional financing, and the holders of these derivatives can be expected to exercise such options at a time when we, in all likelihood, would be able to obtain additional capital by offering shares of our common stock on terms more favorable to us than those provided by the exercise of these derivatives.
6 unchanged sentences
The issuance of such shares could dilute the voting power of the currently outstanding shares of our common stock and could dilute earnings per share.
−Removed: Because we have suspended the payment of dividends on our common stock, stockholders will benefit from an investment in our stock only if it appreciates in value unless a decision is made to reinstate dividend payments.
+Added: Because we have suspended regular payment of dividends on our common stock and pay only special dividends, stockholders will benefit from an investment in our stock only if it appreciates in value unless a decision is made to reinstate paying regular dividend payments.
Any future determination as to the declaration and payment of cash dividends will be at the discretion of our board of directors and will depend on factors the board of directors deems relevant, including among others, our results of operations, financial condition and cash requirements, business prospects, and the terms of our secured convertible notes and other financing arrangements.
10 unchanged sentences
If a court were to determine the exclusive forum provision to be inapplicable and unenforceable in an action, we may incur additional costs in conjunction with our efforts to resolve the dispute in an alternative jurisdiction, which could have a negative impact on our results of operations.
−Removed: UNRESOLVED STAFF COMMENTS
−Removed: Not applicable.
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.