Legal Proceedings
−Removed: We are not currently subject to any
−Removed: material legal proceedings.
−Removed: time to time subject to claims
+Added: reorganization
+Added: company form of organization (the “Plaintiffs”)
+Added: filed a lawsuit against six persons, all of whom
+Added: were directors of the Bank at
+Added: “Defendants”),
+Added: al.) alleging
+Added: the Defendants
+Added: vires conduct by devising and approving the exchange
+Added: transaction effected in July 2021 pursuant to
+Added: which the Bank’s then
+Added: outstanding Class C and Class
+Added: D preferred stock was exchanged (the
+Added: “Exchange Transaction”),
+Added: which action the Plaintiffs
+Added: not permitted
+Added: Incorporation, and
+Added: (ii) breached
+Added: their fiduciary
+Added: Bank by approving and engaging in the Exchange Transaction.
+Added: The Plaintiffs seek the Court to certify the action as a class
+Added: attorney’s fees and
+Added: costs as well
+Added: as such other
+Added: may determine.
+Added: Company believes that
+Added: the allegations
+Added: in the lawsuit are
+Added: legally and factually without
+Added: merit, and it intends
+Added: to vigorously defend against
+Added: the allegations in the
+Added: counterclaims
+Added: its insurance
+Added: assurance that
+Added: this litigation
+Added: resolved favorably.
+Added: assurance that we
+Added: to secure coverage
+Added: from our insurance
+Added: carriers for any
+Added: expenses incurred by us
+Added: in connection
+Added: with this litigation.
+Added: If the plaintiff shareholders are successful,
+Added: the Court could
+Added: award substantial compensatory damages.
+Added: foregoing, we
and litigation
−Removed: violation of banking and other applicable regulations, competition law, labor laws and consumer protection laws, as well as
−Removed: litigation relating
−Removed: to intellectual
−Removed: securities, breach
−Removed: defend ourselves
−Removed: vigorously against any pending or future claims and litigation.
+Added: applicable regulations, competition
+Added: laws and consumer
+Added: protection laws, as
+Added: well as claims
+Added: or litigation relating to
+Added: intellectual property,
+Added: securities, breach of contract
+Added: intend to defend ourselves vigorously
+Added: against any pending
+Added: or future claims and litigation.
+Added: individually or
+Added: aggregate, would
+Added: material adverse
+Added: consolidated results
+Added: of operations,
+Added: unfavorable outcomes
+Added: or litigation
+Added: us, including
+Added: aforementioned litigation regarding the Exchange
+Added: Transaction, could have
+Added: a material adverse effect
+Added: on the period in which
+Added: or litigation
+Added: are resolved.
+Added: regardless of
+Added: ultimate outcomes,
+Added: costly, divert management’s
+Added: attention and may materially adversely affect
+Added: our reputation, even if resolved in our favor.
+Added: For detailed information about certain risk factors that could materially affect our business, financial
+Added: condition, or future
+Added: results, see “Part I, Item 1A – Risk Factors” of the 2022 Form 10-K/A and see “Part II, Item 1A – Risk Factors” of the March
+Added: 31, 2023 Form 10-Q.
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.