Item 3.03. Material Modifications to Rights of Security Holders.
The disclosure required by this Item and included in Item 5.03 of this Current Report is incorporated herein by reference.
--12-31
Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year
In connection with the previously announced offering by
The foregoing description of the Certificate of Designation is qualified in its entirety by reference to the full text of the Certificate of Designation, a copy of which is filed as Exhibit 3.1 to this Current Report on Form 8-K and is incorporated by reference herein.
Item 8.01. Other Events.
As previously reported, on
On
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
The following exhibits are filed herewith:
3.1 Certificate of Designation of Preferences, Rights and Limitations of Series D Convertible Preferred Stock. 99.1 Press release datedJanuary 14, 2022 . 104 Cover Page Interactive Data File (embedded within the Inline XBRL document)
Additional Information and Where to Find It
The Reverse Split Amendment proposal described in the press release announcing
the closing of the Offering will be submitted to the Company's stockholders for
their consideration. The Company intends to file a proxy statement (the "Proxy
Statement") that will be sent to all holders of record of the Company's Common
Stock and Series D Preferred Stock in connection with the Reverse Split
Amendment. This current report and the press release do not contain all the
information that should be considered concerning the Reverse Split Amendment and
are not intended to form the basis of any investment decision or any other
decision in respect of the Reverse Split Amendment. The Company's stockholders
and other interested persons are advised to read, when available, the
preliminary Proxy Statement and the amendments thereto and the definitive Proxy
Statement and other documents filed in connection with the Reverse Split
Amendment, as these materials will contain important information about the
Company and the Reverse Split Amendment. When available, the definitive Proxy
Statement and other relevant materials for the proposed Reverse Split Amendment
will be provided to stockholders of the Company as of a record date to be
established for voting on the Reverse Split Amendment. The Company's
stockholders will also be able to obtain copies of the preliminary Proxy
Statement, the definitive Proxy Statement and other documents filed with the
Participants in Solicitation
The Company and its directors and executive officers may be deemed participants
in the solicitation of proxies from the Company's stockholders with respect to
the proposed Reverse Split Amendment. A list of the names of those directors and
executive officers and a description of their interests in the Company is
contained in the Company's definitive proxy statement for its 2021 Annual
Meeting of Stockholders, which was filed with the
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