LEGAL PROCEEDINGS
−Removed: There is no material litigation currently pending
−Removed: against us or any of our subsidiaries or to which any of our or our subsidiaries’ property is subject.
−Removed: To our knowledge, there is
−Removed: no material litigation against any of our officers or directors in their capacity as such, and no such litigation is contemplated by any
−Removed: governmental authorities.
+Added: From time to time, the Company is subject to legal
+Added: proceedings and claims, either asserted or unasserted, that arise in the ordinary course of business.
+Added: While the outcome of pending claims
+Added: cannot be predicted with certainty, the Company does not believe that the outcome of any pending claims will have a material adverse effect
+Added: on our financial condition or operating results.
+Added: On December 4, 2023, H.C.
+Added: Wainwright & Co.,
+Added: LLC (“Wainwright”) filed a complaint against us in the Supreme Court of the State of New York, County of New York, asserting
+Added: a single cause of action for breach of contract and alleging that we breached an April 2021 engagement agreement with Wainwright by failing
+Added: to pay a purported “tail fee” allegedly due in connection with a private placement transaction that closed in 2023.
+Added: seeks damages of not less than $1,950,000, warrants to purchase an aggregate of 656,250 shares of our common stock at an exercise price
+Added: of $5.00 per share, and attorney’s fees.
+Added: On February 28, 2024, we responded to the complaint with an answer and affirmative defenses.
+Added: We intend to vigorously defend against Wainwright’s complaint and do not believe that any potential loss is reasonably probable
+Added: at this time.
+Added: To our knowledge, there are no other material
+Added: legal proceedings pending against us or any material litigation against any of our officers or directors in their capacity as such, and
+Added: no such litigation is contemplated by any governmental authorities.
MINE SAFETY DISCLOSURES
1 unchanged sentence
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.