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Other than as described below, we are not currently a party to any material legal proceedings, and we are not aware of any pending or threatened legal proceeding against us that we believe could have an adverse effect on our business, operating results or financial condition.
−Removed: An arbitration proceeding was brought against us before the Financial Industry Regulatory Authority, Inc., or FINRA, by a broker seeking to be paid compensation for two financing transactions that occurred in 2018, a warrant conversion and a private placement brokered by another broker.
+Added: An arbitration proceeding was brought against the Company before the Financial Industry Regulatory Authority, Inc.
+Added: (“FINRA”) by a broker seeking to be paid compensation for two financing transactions that occurred in 2018, a warrant conversion and a private placement brokered by another broker.
The broker’s claims were based on a placement agent agreement for a private placement it brokered in 2017, under which it alleged it was entitled to compensation for the 2018 transactions.
The FINRA panel found in favor of the broker and awarded the broker $2.4 million for compensation, interest and attorney fees.
+Added: As of December 31, 2021, the Company recorded an accrual of $2.4 million in accrued liabilities on its consolidated balance sheet and a $2.4 million charge to other expenses.
On September 17, 2021, the broker filed a petition to confirm the FINRA arbitration award in the Supreme Court of New York for the County of New York.
−Removed: We removed the case to the United States District Court for the Southern District of New York on September 27, 2021.
−Removed: On October 22, 2021, we filed a motion in federal court to vacate the award.
+Added: The Company removed the case to the United States District Court for the Southern District of New York on September 27, 2021.
+Added: On October 22, 2021, the Company filed a motion in federal court to vacate the award.
On March 9, 2022, the Company was notified that its motion to vacate the award was denied and the broker was awarded an additional $0.1 million in interest.
−Removed: Post judgment interest will continue to accrue at 1.02% until the judgement is paid.
+Added: Post judgment interest accrued at 1.02% until the judgment was paid.
+Added: The Company paid the broker the $2.5 million judgment, which amount included accrued interest, on March 24, 2022.
+Added: On January 3, 2023, the broker was awarded an additional $0.1 million in post-judgment interest, which was recorded to other expenses for the year ended December 31, 2022 and subsequently paid on January 9, 2023.
MINE SAFETY DISCLOSURE
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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.