1 unchanged sentence
time to time, we may become involved in various lawsuits and legal proceedings, which arise in the ordinary course of business.
−Removed: is subject to inherent uncertainties, and an adverse result in these or other matters may arise from time to time that may harm our business.
−Removed: Except as set forth below, we are currently not aware of any such legal proceedings or claims that will have, individually or in the
+Added: Litigation is subject to inherent uncertainties, and an adverse result in these or other matters may arise from time to time that
+Added: may harm our business.
+Added: We investigate these claims as they arise and accrue estimates for resolution of legal and other
+Added: contingencies when losses are probable and estimable.
+Added: Regardless of outcome, litigation can have an adverse impact on us due to
+Added: defense and settlement costs, diversion of management resources, negative publicity and reputational harm, and other factors.
+Added: as set forth below, we are currently not aware of any such legal proceedings or claims that will have, individually or in the
aggregate, a material adverse effect on our business, financial condition or operating results.
−Removed: On October 25, 2024, Arena Special Opportunities Fund, LP and other related entities (“Arena”) filed a lawsuit in New York
−Removed: State Court (the “Action”).
−Removed: The complaint for the lawsuit alleges, among other things, a purported breach of contract based
−Removed: on an alleged equity conditions failure.
−Removed: The Company believes that the Action lacks merit.
−Removed: In the event this Action is not summarily
−Removed: dismissed, the Company intends to vigorously defend against it.
+Added: On October 25, 2024, Arena Special Opportunities Fund, LP and related entities ("Arena") filed a lawsuit
+Added: against the Company in New York State Court (Index No.
+Added: 655660/2024) (the "Action"), arising from promissory notes previously
+Added: issued to Arena and their conversion into the Company's common stock.
+Added: The complaint alleges, among other things, breach of contract based
+Added: on an alleged "equity conditions failure." Discovery in the Action is complete, and the Company expects the matter to be resolved
+Added: through trial or settlement by the end of 2026.
+Added: The Company believes it has meritorious defenses and intends to vigorously defend the
+Added: At this time the Company is unable to predict the outcome or to reasonably estimate the amount or range of any possible loss,
+Added: and accordingly no liability has been recorded.
are unable to estimate a reasonably possible loss or range of loss, if any, that may result from these matters.
−Removed: time to time, we may be involved in legal proceedings arising in the ordinary course of our business.
−Removed: We investigate these claims as
−Removed: they arise and accrue estimates for resolution of legal and other contingencies when losses are probable and estimable.
−Removed: Regardless of
−Removed: outcome, litigation can have an adverse impact on us due to defense and settlement costs, diversion of management resources, negative
−Removed: publicity and reputational harm, and other factors.
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.