Legal Proceedings
−Removed: From time to time,
−Removed: we may be a party to litigation that arises in the ordinary course of its business.
−Removed: Other than as described below, we do not have
−Removed: any pending litigation that, separately or in the aggregate, would, in the opinion of management, have a material adverse effect
−Removed: on its results of operations, financial condition or cash flows.
−Removed: On January 21, 2021,
−Removed: we received a stockholder litigation demand letter from the law firm of Purcell Julie & Lefkowitz LLP, on behalf of James
−Removed: Self, a purported stockholder of our Company.
−Removed: The letter demands that we (i) deem ineffective the December 30, 2020 amendment
−Removed: to its Amended and Restated Certificate of Incorporation in which we effected a reverse stock split due to the manner in which
−Removed: non-votes by brokers were tabulated, (ii) seek appropriate relief for damages allegedly suffered by the company and its stockholders
−Removed: or seek a valid stockholder approval of the amendment and reverse stock split, and (iii) adopt adequate internal controls to prevent
−Removed: a recurrence of the alleged misconduct.
−Removed: We dispute that the amendment was ineffective or that there were any inadequate internal
−Removed: controls related to the same.
−Removed: However, to eliminate any questions about the amendment, we intend to seek to ratify the amendment
−Removed: at a special stockholders’
−Removed: meeting pursuant to Section 204 of the Delaware General Corporation Law.
−Removed: This special stockholders’
−Removed: meeting is scheduled to occur on May 14, 2021.
+Added: time to time, we may be a party to litigation that arises in the ordinary course of its business.
+Added: We do not have any pending litigation
+Added: that, separately or in the aggregate, would, in the opinion of management, have a material adverse effect on our results of operations,
+Added: financial condition or cash flows.
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.