+Added: business is subject to risks and events that, if they occur, could adversely affect our financial condition and results of operations
+Added: and the trading price of our securities.
+Added: The following information updates, and should be read in conjunction with, the information
+Added: disclosed in Part I, Item 1A, “Risk Factors,” contained in the Annual Report.
+Added: Except as described below,
+Added: our risk factors as of the date of this Report have not changed materially from those described in “Part I, Item 1A.
Risk Factors” of our Annual Report.
−Removed: Certain shares previously
−Removed: sold under our ATM Sales Agreement may have been sold in violation of federal and state securities laws and may be subject to rescission
−Removed: rights and other penalties, requiring us to repurchase shares sold thereunder.
−Removed: In connection with our At-the-Market-Sales
−Removed: Agreement, dated March 10, 2021 (the “Sales Agreement”), we recently became aware that our shelf registration statement on
−Removed: Form S-3 (file number 333-237368) (the “Registration Statement”) expired on April 2, 2023.
−Removed: Prior to becoming aware of
−Removed: the expiration, we sold an aggregate of 75,697 shares of our common stock following the expiration of the Registration Statement and through
−Removed: July 17, 2023 at an average price of approximately $10.56 per share for an aggregate of approximately $799,212 under the Registration
−Removed: Statement pursuant to the Sales Agreement (the “Sales”).
−Removed: Because the Registration Statement had already expired, the Sales
−Removed: could be determined to be unregistered sales of securities and, in accordance with Section 5 of the Securities Act, direct purchasers
−Removed: in the Sales may have rescission rights pursuant to which they may be entitled to recover the amount paid for such shares, plus statutory
−Removed: interest, upon returning the shares to us within one year from the transaction date.
−Removed: In addition, we could be subject to enforcement actions
−Removed: or penalties and fines by federal and/or state regulatory authorities.
−Removed: We cannot predict the likelihood of any claims or actions being
−Removed: brought against us or the amount of any penalties or fines in connection with the Sales.
+Added: shares previously sold under our ATM Sales Agreement may have been sold in violation of federal and state securities laws and may
+Added: be subject to rescission rights and other penalties, requiring us to repurchase shares sold thereunder.
+Added: connection with our At-the-Market-Sales Agreement, dated March 10, 2021 (the “Sales Agreement”), we recently became aware
+Added: that our shelf registration statement on Form S-3 (file number 333-237368) (the “Registration Statement”) expired on
+Added: April 2, 2023.
+Added: Prior to becoming aware of the expiration, we sold an aggregate of 75,697 shares of our common stock following the expiration
+Added: of the Registration Statement and through July 17, 2023 at an average price of approximately $10.56 per share for an aggregate of approximately
+Added: $799,212 under the Registration Statement pursuant to the Sales Agreement (the “Sales”).
+Added: Because the Registration Statement
+Added: had already expired, the Sales could be determined to be unregistered sales of securities and, in accordance with Section 5 of the Securities
+Added: Act, direct purchasers in the Sales may have rescission rights pursuant to which they may be entitled to recover the amount paid for
+Added: such shares, plus statutory interest, upon returning the shares to us within one year from the transaction date.
+Added: In addition, we could
+Added: be subject to enforcement actions or penalties and fines by federal and/or state regulatory authorities.
+Added: We cannot predict the likelihood
+Added: of any claims or actions being brought against us or the amount of any penalties or fines in connection with the Sales.
Recent Sales of Unregistered Securities;
1 unchanged sentence
Defaults Upon Senior Securities
−Removed: Not applicable.
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.