Item 1A. Risk Factors
Item
1a. Risk Factors
In
addition to the other information set forth in this Quarterly Report, shareholders should carefully consider the factors discussed
in Item 1A, Risk Factors, of our Annual Report on Form 10-K for the year ended December 31, 2020, which could materially affect
our business, financial condition or future results. The risks described in our Annual Report on Form 10-K are not the only risks
facing the Company. Additional risks and uncertainties not currently known to us or that we currently deem to be immaterial also
may materially adversely affect our business, financial condition and/or operating results.
25
We
are currently engaged in substantial and complex litigation and arbitration with the Vivos Group, the outcome of which could materially
harm our business and financial results.
As
more fully described in Note 6(Commitments and Contingencies) of the Notes to Unaudited Consolidated Financial Statements, we
are currently engaged in litigation and arbitration with the Vivos Group. The litigation includes multiple complaints and counterclaims
by us and the Vivos Group in venues in Maryland and Texas. The arbitration was brought by the Company to enforce its rights under
the Merger Agreement.
The
litigation and arbitration are substantial and complex, and they have caused and could continue to cause us to incur significant
costs, as well as distract our management over an extended period. The litigation and arbitration may substantially disrupt our
business and we cannot assure you that we will be able to resolve the litigation on terms favorable to us or that we will be successful
in the arbitration.
Item
2. Unregistered Sales of Equity Securities and Use of Proceeds
None.
Item
3. Defaults Upon Senior Securities
None.
Item
4. Mine Safety Disclosures
Not
applicable.
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