1 unchanged sentence
Risk Factors” of our annual report on Form 10-K for the fiscal year ended December 31, 2023, as filed with the Securities and Exchange
−Removed: Commission on April 11, 2023, and are supplemented with the following revised risk factor:
−Removed: face risks associated with litigation and claims, which could impact our financial results and condition.
−Removed: business, results of operations and financial condition could be affected by significant litigation or claims adverse to us.
−Removed: potential litigation cases include product liability, contract, employment-related, labor relations, personal injury or property damage,
−Removed: intellectual property, trade secret or unfair competition claims, stockholder claims and claims arising from any injury or damage to
−Removed: persons, property or the environment from hazardous substances used, generated or disposed of in the conduct of our business.
−Removed: currently involved in a legal proceeding in which plaintiffs are alleging negligence claims and seeking special damages for personal
−Removed: See “ Part II.
−Removed: Item 1 – Legal Proceedings.
+Added: Commission on July 26, 2024, and are supplemented with the following revised risk factor:
+Added: may not meet the continued listing requirements of Nasdaq, which could result in a delisting of our common stock.
+Added: previously disclosed, on April 18, 2024, we received a notice (the “10-K Notice”) from the Listing Qualifications staff of
+Added: Nasdaq notifying us that as we had not yet filed our Annual Report on Form 10-K for the year ended December 31, 2023 (the “Form
+Added: 10-K”), we no longer complied with Listing Rule 5250(c)(1) for continued listing on Nasdaq (the “Listing Rule”).
+Added: May 24, 2024, we received an additional notice from Nasdaq notifying us that as we had not yet filed our Form 10-Q for the quarter ended
+Added: March 31, 2024 (the “Q1 10-Q”), and because we remained delinquent in filing the Form 10-K, we did not comply with the Listing
+Added: On July 26, 2024, we filed the Form 10-K with the SEC and are now in compliance with such filing.
+Added: August 21, 2024, we received a notice from Nasdaq notifying us that as we had not yet filed our Form 10-Q for the quarter ended June
+Added: 30, 2024 (the “Q2 10-Q”, and together with the Q1 10-Q, the “Delinquent Filings”), we were not in compliance
+Added: with the Listing Rule.
+Added: We previously submitted a plan to Nasdaq (the “Plan”) on June 17, 2024, to regain compliance with
+Added: respect to the Delinquent Filings and Nasdaq granted an exception until September 20, 2024, to file the Delinquent Filings.
+Added: to the notice we received on August 21, 2024, we were required to submit an update to the Plan to Nasdaq by September 5, 2024, to regain
+Added: We submitted an update to the Plan to Nasdaq on September 5, 2024.
+Added: Nasdaq may grant us an additional exception of up to a
+Added: maximum of 180 calendar days from the prescribed filing due date of the Form 10-K to file the Delinquent Filings, or until October 14,
+Added: 2024, to regain compliance.
+Added: we expect to take actions intended to restore our compliance with the listing requirements, we can provide no assurance that any action
+Added: taken by us would be successful.
+Added: our common stock is delisted from the Nasdaq Capital Market, we expect that our common stock would begin trading on the over-the-counter
+Added: The delisting of our common stock could result in a reduction in our trading price and would substantially limit the liquidity
+Added: of our common stock.
+Added: In addition, delisting could materially adversely impact our ability to raise capital or pursue strategic restructuring,
+Added: refinancing or other transactions.
+Added: Delisting from the Nasdaq Capital Market could also have other negative results, including the potential
+Added: loss of confidence by institutional investors.
+Added: UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS
+Added: DEFAULTS UPON SENIOR SECURITIES
+Added: MINE SAFETY DISCLOSURES
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.