LEGAL PROCEEDINGS.
−Removed: time to time, we may become involved in various lawsuits and legal proceedings which arise in the ordinary course of business.
−Removed: litigation is subject to inherent uncertainties, and an adverse result in these or other matters may arise from time to time that may
−Removed: harm our business.
−Removed: Except as set forth below, we are currently not aware of any such legal proceedings or claims that we believe will
−Removed: have a material adverse effect on our business, financial condition or operating results.
−Removed: August 20, 2024, Matthew Atkinson, our former Chief Executive Officer and a significant stockholder, filed a complaint against our company
−Removed: in the District Court of Douglas County, Nebraska.
−Removed: In his complaint, he alleges that we failed to pay him compensation in the amount
−Removed: of $123,625.76, unreimbursed expenses of $1,815.25, and accrued and unpaid vacation in the amount of $6,153.84, or $131,594.85 in the
−Removed: He alleges that we are obligated to pay him these amounts under an executive employment agreement between him and our company,
−Removed: and that he had become entitled to these amounts before he resigned his employment in February 2024.
−Removed: Based on these allegations, Mr.
−Removed: Atkinson asserts in his complaint causes of action for violation of the Nebraska Wage Payment and Collection Act, or the Act, breach
−Removed: of contract, and promissory estoppel.
−Removed: His complaints asks for a judgment that:
−Removed: (a) awards him damages in amount to be proved at trial
−Removed: but no less than $131,594.85, (b) assesses a penalty against our company pursuant to the Act in the amount of $263,189.70, and (c) awards
−Removed: Atkinson an amount for his reasonable costs and attorney’s fees incurred in litigating this matter and pre- and post-judgment
+Added: From time to time, we may become involved in various
+Added: lawsuits and legal proceedings which arise in the ordinary course of business.
+Added: However, litigation is subject to inherent uncertainties,
+Added: and an adverse result in these or other matters may arise from time to time that may harm our business.
+Added: We are currently not aware of
+Added: any such legal proceedings or claims that we believe will have a material adverse effect on our business, financial condition or operating
+Added: As previously disclosed, on August 20, 2024, Matthew
+Added: Atkinson, our former Chief Executive Officer, filed a complaint against our company in the District Court of Douglas County, Nebraska,
+Added: which was amended on November 25, 2024 to add Clayton Adams, our Chief Executive Officer, and David Enholm, our Chief Financial Officer,
+Added: as defendants, in which Mr.
+Added: Atkinson alleged certain claims arising from his employment with, and separation of employment from, our company,
+Added: and we alleged certain counterclaims against Mr.
+Added: Atkinson for breach of contract.
+Added: On June 6, 2025, we and Messrs.
+Added: Adams and Enholm entered
+Added: into a settlement and release agreement with Mr.
+Added: Atkinson to settle this matter.
+Added: Pursuant to the settlement and release agreement, which
+Added: became effective on June 21, 2025, we issued 200,000 shares of our class B common stock to James T.
+Added: Coyle Legacy Trust in order to resolve
+Added: an obligation that Mr.
+Added: Atkinson had to transfer such shares that had not been met.
+Added: The settlement and release agreement also contains
+Added: a release of claims by each party and standard confidentiality and non-disparagement provisions.
+Added: On June 26, 2025, the lawsuit was dismissed
+Added: with prejudice.
MINE SAFETY DISCLOSURES.
+Added: Not applicable.
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.