−Removed: We have disclosed the risk factors that materially affect our business, financial condition or results of operations under the heading “Risk Factors” in our Annual Report on Form 10-K for the year ended December 31, 2022 filed with the SEC on June 30, 2023 (the “Annual Report on Form 10-K”).
+Added: We have disclosed the risk factors that materially affect our business, financial condition or results of operations under the heading “Risk Factors” in our Annual Report on Form 10-K for the year ended December 31, 2022 filed with the SEC on March 31, 2023 (the “Annual Report on Form 10-K”).
There have been no material changes from the risk factors previously disclosed.
17 unchanged sentences
We may not have the required funds to pay the required note redemptions and such redemptions, or penalties in connection therewith, may have an adverse effect on our cash flows, results of operations, and ability to pay our other debts as they come due.
−Removed: ● If we fail to meet the applicable continued listing requirements of NASDAQ Global Market, NASDAQ may delist our common stock, in which case the liquidity and market price of our Common Stock could decline.
−Removed: Our common stock is currently listed on the NASDAQ Global Market.
+Added: ● If we fail to meet the applicable continued listing requirements of Nasdaq, they may delist our common stock, in which case the liquidity and market price of our Common Stock could decline.
+Added: Our common stock is currently listed on the Nasdaq.
In order to maintain that listing, we must satisfy certain continued listing requirements.
4 unchanged sentences
To regain compliance, our MVLS must meet or exceed $50,000,000 for a minimum period of ten consecutive business days prior to January 22, 2024.
−Removed: If we are deficient in regaining compliance with and otherwise maintaining the necessary listing requirements, our Common Stock may be delisted.
−Removed: If our Common Stock is delisted, an active trading market for our Common Stock may not be sustained and the market price of our Common Stock could decline.
+Added: Additionally, on October 17, 2023, we received notice from Nasdaq indicating that, based upon our non-compliance with the minimum bid price requirement for continued listing on Nasdaq, as set forth in Nasdaq Listing Rule 5550(a)(2), our securities were subject to delisting unless we timely requested a hearing before the Nasdaq Hearings Panel.
+Added: The Company has now been granted a hearing date of January 4, 2024 at which the Company will present its plan for achieving Nasdaq continued listing requirements.
+Added: The Nasdaq has invited the Company to submit a short-form written response detailing that compliance plan, which at Nasdaq’s election may substitute for the January 4 hearing.
+Added: The Company has submitted this short form plan to the Nasdaq.
+Added: If our Common Stock is delisted, an active trading market for our Common Stock may not be sustained and the
+Added: market price of our Common Stock could decline.
Delisting of our Common Stock could adversely affect our ability to raise additional capital through the public or private sale of equity securities, would significantly affect the ability of investors to trade our securities and would negatively affect the value and liquidity of our Common Stock.
9 unchanged sentences
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.