4 unchanged sentences
There have been no material changes to the Risk Factors previously disclosed
−Removed: in our Annual Report on Form 10-K and our other filings with the SEC.
+Added: in our Annual Report on Form 10-K and our other filings with the SEC, except as follows:
+Added: If we fail to make the Threshold Payment,
+Added: or otherwise breach the terms of the MIPA, the transaction consummated by the MIPA may be unwound.
+Added: Under the terms of the MIPA, we agreed with the Sellers that, in the
+Added: event of a breach of the terms of the MIPA, the Notes, or the Pledge Agreement, the sole and exclusive remedy of the parties will be to
+Added: unwind the MIPA transaction (the “Unwinding”).
+Added: In any such Unwinding, the Membership Interest will be transferred to Sellers
+Added: and Sellers will assign and transfer to us, the number of shares of our common stock constituting the Purchaser Stock Consideration and
+Added: any other amounts (the “Pre-Payment Amounts”) paid to Sellers by us above and beyond the monthly amounts required to be paid
+Added: to Sellers under the Notes.
+Added: If the MIPA transaction were to be unwound we would no longer own SDF and WCCC, which would substantially
+Added: impact our operations and revenues.
+Added: Our operations are subject to unforeseen
+Added: interruptions and hazards inherent in the oil industry, for which we may not be adequately insured and which could cause us to lose customers
+Added: and substantial revenue.
+Added: Our operations are exposed to the risks inherent
+Added: to our industry, such as equipment defects, vehicle accidents, fires, explosions, blowouts, pipe or pipeline failures, and various environmental
+Added: hazards, such as oil spills and releases of, and exposure to, hazardous substances.
+Added: For example, our operations are subject to risks associated
+Added: with storage and handling of oil, including any mishandling or surface spillage.
+Added: In addition, our operations are exposed to potential
+Added: natural disasters, including blizzards, tornadoes, storms, floods, other adverse weather conditions and earthquakes.
+Added: The occurrence of
+Added: any of these events could result in substantial losses to us due to injury or loss of life, severe damage to or destruction of property,
+Added: natural resources and equipment, pollution or other environmental damage, clean-up responsibilities, regulatory investigations
+Added: and penalties or other damage resulting in curtailment or suspension of our operations.
+Added: The cost of managing such risks may be significant.
+Added: The frequency and severity of such incidents will affect operating costs, insurability and relationships with customers, employees and
+Added: In particular, our customers may elect not to purchase our product if they view our environmental or safety record as unacceptable,
+Added: which could cause us to lose customers and revenues.
+Added: Our operations in the U.S.
+Added: Gulf of Mexico region
+Added: are particularly susceptible to interruption and damage from hurricanes.
+Added: Any of these operating hazards could cause personal injuries,
+Added: fatalities, oil spills, discharge of hazardous substances into the air and water or environmental damage, lost production and revenue,
+Added: remediation and clean-up costs and liability for damages, all of which could adversely affect our business, financial condition and results
+Added: of operations and may not be fully covered by our insurance.
+Added: Our insurance may not be adequate to cover all
+Added: losses or liabilities we may suffer.
+Added: Furthermore, we may be unable to maintain or obtain insurance of the type and amount we desire at
+Added: reasonable rates.
+Added: As a result of market conditions, premiums and deductibles for certain of our insurance policies have increased and
+Added: could escalate further.
+Added: In addition, sub-limits have been imposed for certain risks.
+Added: In some instances, certain insurance could become
+Added: unavailable or available only for reduced amounts of coverage.
+Added: If we were to incur a significant liability for which we are not fully
+Added: insured, it could have a material adverse effect on our business, results of operations and financial condition.
+Added: In addition, we may not
+Added: be able to secure additional insurance or bonding that might be required by new governmental regulations.
+Added: This may cause us to restrict
+Added: our operations, which might severely impact our financial position.
+Added: Additionally, we may not have coverage if we
+Added: are unaware of the pollution event and unable to report the “occurrence” to our insurance company within the time frame required
+Added: under our insurance policy.
+Added: In addition, these policies do not provide coverage for all liabilities, and the insurance coverage may not
+Added: be adequate to cover claims that may arise, or we may not be able to maintain adequate insurance at rates we consider reasonable.
+Added: not fully covered by insurance could have a material adverse effect on our financial position, results of operations and cash flows.
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.