LEGAL PROCEEDINGS.
−Removed: From time to time, we may become involved in various
−Removed: lawsuits and legal proceedings which arise in the ordinary course of business.
−Removed: However, litigation is subject to inherent uncertainties,
−Removed: and an adverse result in these or other matters may arise from time to time that may harm our business.
−Removed: We are currently not aware of
−Removed: any such legal proceedings or claims that we believe will have a material adverse effect on our business, financial condition or operating
−Removed: As previously disclosed, on August 20, 2024, Matthew
−Removed: Atkinson, our former Chief Executive Officer, filed a complaint against our company in the District Court of Douglas County, Nebraska,
−Removed: which was amended on November 25, 2024 to add Clayton Adams, our Chief Executive Officer, and David Enholm, our Chief Financial Officer,
−Removed: as defendants, in which Mr.
−Removed: Atkinson alleged certain claims arising from his employment with, and separation of employment from, our company,
−Removed: and we alleged certain counterclaims against Mr.
+Added: time to time, we may become involved in various lawsuits and legal proceedings which arise in the ordinary course of business.
+Added: litigation is subject to inherent uncertainties, and an adverse result in these or other matters may arise from time to time that may
+Added: harm our business.
+Added: We are currently not aware of any such legal proceedings or claims that we believe will have a material adverse effect
+Added: on our business, financial condition or operating results.
+Added: previously disclosed, on August 20, 2024, Matthew Atkinson, our former Chief Executive Officer, filed a complaint against our company
+Added: in the District Court of Douglas County, Nebraska, which was amended on November 25, 2024 to add Clayton Adams, our Chief Executive Officer,
+Added: and David Enholm, our Chief Financial Officer, as defendants, in which Mr.
+Added: Atkinson alleged certain claims arising from his employment
+Added: with, and separation of employment from, our company, and we alleged certain counterclaims against Mr.
Atkinson for breach of contract.
On June 6, 2025, we and Messrs.
−Removed: Adams and Enholm entered
−Removed: into a settlement and release agreement with Mr.
+Added: Adams and Enholm entered into a settlement and release agreement with Mr.
Atkinson to settle this matter.
−Removed: Pursuant to the settlement and release agreement, which
−Removed: became effective on June 21, 2025, we issued 200,000 shares of our class B common stock to James T.
−Removed: Coyle Legacy Trust in order to resolve
−Removed: an obligation that Mr.
+Added: Pursuant to the settlement and release agreement, which became effective on June 21, 2025, we issued 200,000 shares of our common stock
+Added: Coyle Legacy Trust in order to resolve an obligation that Mr.
Atkinson had to transfer such shares that had not been met.
−Removed: The settlement and release agreement also contains
−Removed: a release of claims by each party and standard confidentiality and non-disparagement provisions.
−Removed: On June 26, 2025, the lawsuit was dismissed
−Removed: with prejudice.
+Added: The settlement and release agreement also contains a release of claims by each party and standard confidentiality and non-disparagement
+Added: On June 26, 2025, the lawsuit was dismissed with prejudice.
MINE SAFETY DISCLOSURES.
−Removed: 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.