Unregistered Sales of Equity Securities and Use of Proceeds
−Removed: During our fiscal quarter ended October 31, 2020, there were no securities issued that were not registered under the Securities Act.
+Added: During our fiscal quarter ended January 31, 2021, we issued the following securities that were not registered under the Securities Act:
+Added: on December 4, 2020, we issued an aggregate of 1,249,039 shares of common stock to our five Lenders at a deemed issuance price of $0.93672 per share pursuant to the terms of the Third Amended and Restated Credit Agreement under our Credit Facility.
+Added: We relied on exemptions from registration under the Securities Act provided by Regulation S and/or Section 4(a)(2) for the issuance of 832,693 shares to three of the Lenders and on exemptions from registration under the Securities Act provided by Rule 506 of Regulation D and/or Section 4(a)(2) of the Securities Act for the issuance of 416,346 shares to two of the Lenders.
Defaults Upon Senior Securities
1 unchanged sentence
Pursuant to Section 1503(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, issuers that are operators, or that have a subsidiary that is an operator, of a coal or other mine in the United States, and that is subject to regulation by the Federal Mine Safety and Health Administration under the Mine Safety and Health Act of 1977 (“Mine Safety Act”), are required to disclose in their periodic reports filed with the SEC information regarding specified health and safety violations, orders and citations, related assessments and legal actions and mining-related fatalities.
−Removed: During the quarter ended October 31, 2020, the Company’s Palangana Mine was not subject to regulation by the Mine Safety Act.
+Added: During the quarter ended January 31, 2021, the Company’s Palangana Mine was not subject to regulation by the Mine Safety Act.
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.