Item 2. Unregistered Sales of Equity Securities
ITEM 2. UNREGISTERED SALES OF EQUITY
SECURITIES AND USE OF PROCEEDS
The Company issued and sold the following
Common Shares in reliance on exemptions from the registration requirements of the Securities Act:
Date
Gross Proceeds (000s)
Shares Issued
Price/Share
January 2, 2024 (1)
$ 511.5
176,790
$ 2.8933
January 10, 2024 (1)
506.0
185,957
2.7212
January 30, 2024 (1)
763.7
276,712
2.7599
February 7, 2024 (1)
504.7
184,208
2.7396
February 15, 2024 (1)
504.1
186,562
2.7021
February 28, 2024 (2)
170.4
75,000
2.2714
March 1, 2024 (1)
756.7
350,541
2.1586
March 7, 2024 (2)
210.1
82,500
2.5472
March 14, 2024 (2)
226.4
85,000
2.6638
March 14, 2024 (1)
754.5
314,184
2.4013
(1)
Issued in reliance on Section 3(a)(9) of the Securities Act, in connection with the voluntary conversion of a portion of the amount outstanding under the Convertible Debentures and based upon representations and warranties of Yorkville in connection therewith.
(2)
Issued in reliance on Section 4(a)(2) of the Securities Act in connection with the closing of an advance under the Yorkville Equity Facility Financing Agreement and based upon representations and warranties of Yorkville in connection therewith.
ITEM 3. DEFAULTS UPON
SENIOR SECURITIES
None.
ITEM 4. MINE SAFETY DISCLOSURES
Pursuant to Section 1503(a) of the Dodd-Frank
Act, issuers that are operators, or that have a subsidiary that is an operator, of a coal or other mine in the United States are
required to disclose specified information about mine health and safety in their periodic reports. These reporting requirements
are based on the safety and health requirements applicable to mines under the Federal Mine Safety and Health Act of 1977 (the “Mine
Act”) which is administered by the U.S. Department of Labor’s Mine Safety and Health Administration (“MSHA”).
During the three-month period ended March 31, 2024, the Company and its subsidiaries and their properties or operations were not
subject to regulation by MSHA under the Mine Act and thus no disclosure is required under Section 1503(a) of the Dodd-Frank Act.
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.