Item 2. Unregistered Sales of Equity Securities
Item
2. Unregistered Sales of Equity Securities and Use of Proceeds
Except as previously disclosed in our current and periodic reports filed prior to the date of this Form 10-Q and
in Note 13, Common Stock and Common Stock Purchase Warrants , to our accompanying unaudited condensed consolidated financial statements,
we did not sell any unregistered securities or repurchase any of our securities during the three months ended June 30, 2025. Both
(i) the common stock issued to vendors described in Note 13, Common Stock and Common Stock Purchase Warrants , to our accompanying
unaudited condensed consolidated financial statements, and (ii) the equity dividends described in Note 12, Preferred Stock , to
our accompanying unaudited condensed consolidated financial statements (which were previously disclosed in a current report filed prior
to the date of this Form 10-Q), were exempt from the registration requirements of the Securities Act of 1933, as amended (the “Securities
Act”), pursuant to Section 4(a)(2) of the Securities Act, as transactions not involving public offerings.
See
Part I, Item 2 under the caption “ Liquidity and Capital Resources ” for a description of limitations on the payment
of dividends.
Item
3. Defaults Upon Senior Securities
The
information set forth in Part I, Item 2 under the caption “ Liquidity and Capital Resources — Senior Secured Convertible
Notes, ” relating to the waiver of the Company’s default under the Financial Tests set forth in the September 2022 Senior
Convertible Note, is incorporated herein by reference.
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