Legal Proceedings
−Removed: We are not currently a party to any pending legal proceeding, nor is our property the subject of a pending legal proceeding, that is not in the ordinary course of business or
−Removed: otherwise material to the financial condition of our business.
+Added: From time to time,
+Added: we may be a party to litigation that arises in the ordinary course of its business.
+Added: Other than as described below, we do not have
+Added: any pending litigation that, separately or in the aggregate, would, in the opinion of management, have a material adverse effect
+Added: on its results of operations, financial condition or cash flows.
+Added: On January 21, 2021,
+Added: we received a stockholder litigation demand letter from the law firm of Purcell Julie & Lefkowitz LLP, on behalf of James
+Added: Self, a purported stockholder of our Company.
+Added: The letter demands that we (i) deem ineffective the December 30, 2020 amendment
+Added: to its Amended and Restated Certificate of Incorporation in which we effected a reverse stock split due to the manner in which
+Added: non-votes by brokers were tabulated, (ii) seek appropriate relief for damages allegedly suffered by the company and its stockholders
+Added: or seek a valid stockholder approval of the amendment and reverse stock split, and (iii) adopt adequate internal controls to prevent
+Added: a recurrence of the alleged misconduct.
+Added: We dispute that the amendment was ineffective or that there were any inadequate internal
+Added: controls related to the same.
+Added: However, to eliminate any questions about the amendment, we intend to seek to ratify the amendment
+Added: at a special stockholders’
+Added: meeting pursuant to Section 204 of the Delaware General Corporation Law.
+Added: This special stockholders’
+Added: meeting is scheduled to occur on May 14, 2021.
Mine Safety Disclosures
−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.