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Re: Bored Lawyer post# 18927

Friday, 12/15/2017 12:11:24 PM

Friday, December 15, 2017 12:11:24 PM

Post# of 232085
Here's the 8-K regarding the "Make-Whole Securities":

https://www.sec.gov/Archives/edgar/data/1175680/000119312517362866/d503829d8k.htm

Relevant language:

The Make-Whole Securities were offered pursuant to a form of Waiver and Subscription Agreement (the “Waiver and Subscription Agreement”), which is filed as Exhibit 10.2 to this Current Report on Form 8-K and is incorporated herein by reference. The Make-Whole Securities represent the difference in the numbers of shares of Common Stock and warrants that would have been sold to investors in the September 8, 2017 offering had the reduced purchase price of $0.65 per share of Common Stock and related Warrants in the October 11, 2017 registered direct offering (as compared to $0.75 in the September 8, 2017 offering) and the reduced warrant exercise price of $0.75 in the October 11, 2017 offering (as compared to $1.00 in the September 8, 2017 offering) applied to the September 8, 2017 offering as well. The Make-Whole Securities were offered as consideration for the release of certain claims by participating investors.

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