Legal Proceedings.
−Removed: time to time, we may become involved in various lawsuits and legal proceedings which arise in the ordinary course of business.
−Removed: However, litigation is subject to inherent uncertainties, and an adverse result in these or other matters may arise from time
−Removed: to time that may harm our business.
−Removed: August 7, 2018, we commenced an action against North Empire LLC, or North Empire, in the Supreme Court of the State of New York,
−Removed: County of New York for breach of a Securities Purchase Agreement or Agreement in which we are seeking damages in an amount to
−Removed: be determined at trial, but in no event less than $616,000.
−Removed: On August 2, 2018, North Empire filed a Summons with Notice against
−Removed: us, also in the same Court, in which they allege damages in an amount of $11.4 million arising from an alleged breach of the Agreement.
−Removed: On September 6, 2018, North Empire filed a Notice of Discontinuance of the action it had filed on August 2, 2018.
−Removed: 27, 2018, North Empire filed an answer and asserted counterclaims in the action commenced by us against them, alleging that we
−Removed: failed to deliver stock certificates to North Empire causing damage to North Empire in the amount of $10,958,589.
−Removed: also filed a third-party complaint against our CEO and now former Chairman of the Board asserting similar claims against them
−Removed: in their individual capacities.
+Added: From time to time,
+Added: we may become involved in various lawsuits and legal proceedings which arise in the ordinary course of business.
+Added: However, litigation
+Added: is subject to inherent uncertainties, and an adverse result in these or other matters may arise from time to time that may harm
+Added: our business.
+Added: On August 7, 2018,
+Added: we commenced an action against North Empire LLC, or North Empire, in the Supreme Court of the State of New York, County of New
+Added: York for breach of a Securities Purchase Agreement or Agreement in which we are seeking damages in an amount to be determined at
+Added: trial, but in no event less than $616,000.
+Added: On August 2, 2018, North Empire filed a Summons with Notice against us, also in the
+Added: same Court, in which they allege damages in an amount of $11.4 million arising from an alleged breach of the Agreement.
+Added: 6, 2018, North Empire filed a Notice of Discontinuance of the action it had filed on August 2, 2018.
+Added: On September 27, 2018, North
+Added: Empire filed an answer and asserted counterclaims in the action commenced by us against them, alleging that we failed to deliver
+Added: stock certificates to North Empire causing damage to North Empire in the amount of $10,958,589.
+Added: North Empire also filed a third-party
+Added: complaint against our CEO and now former Chairman of the Board asserting similar claims against them in their individual capacities.
On October 17, 2018, we filed a reply to North Empire’s counterclaims.
−Removed: On November 15, 2018,
−Removed: our CEO and now former Chairman of the Board filed a motion to dismiss North Empire’s third-party complaint.
−Removed: 6, 2020, the Court granted the motion and dismissed the third-party complaint.
−Removed: The parties are now engaging in discovery in connection
−Removed: with the claims and counterclaims.
+Added: On November 15, 2018, our CEO and now former Chairman
+Added: of the Board filed a motion to dismiss North Empire’s third-party complaint.
+Added: On January 6, 2020, the Court granted the motion
+Added: and dismissed the third-party complaint.
+Added: The parties are now engaging in discovery in connection with the claims and counterclaims.
We intend to vigorously defend any claims made by North Empire.
Risk Factors.
−Removed: required for a smaller reporting company.
+Added: Not required for a
+Added: smaller reporting company.
+Added: Unregistered Sales of Equity
+Added: Securities and Use of Proceeds.
+Added: Defaults Upon Senior Securities.
+Added: Mine Safety Disclosures.
+Added: 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.