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Re: 420man post# 33023

Tuesday, 10/09/2018 9:33:08 PM

Tuesday, October 09, 2018 9:33:08 PM

Post# of 52224
ITEM 1.02 TERMINATION OF A MATERIAL DEFINITIVE AGREEMENT

On October 1, 2018, the Company received a notice from Canaccord Genuity LLC (“Canaccord”) terminating the equity distribution agreement between the Company and Canaccord, dated April 18, 2018 (the “Equity Distribution Agreement”), effective as of October 11, 2018. The Equity Distribution Agreement permitted the Company to offer and sell in an at-the-market offering shares of the Company’s common stock having an aggregate offering price of up to $150,000,000 from time to time through Canaccord. As of September 30, 2018, the Company had sold shares of the Company’s common stock having an aggregate offering price of approximately $126.0 million through Canaccord pursuant to the Equity Distribution Agreement. As a result of the termination of the Equity Distribution Agreement, no further offers or sales of the Company’s common stock will be made pursuant to the Company’s at-the-market offering.