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Thursday, April 30, 2020 10:36:46 AM
(vi)Company must use commercially reasonable efforts to file a Registration Statement on Form S-3 with the SEC by April 30, 2020 registering a number of shares of Common Stock sufficient to convert the entire Outstanding Balance of the Note plus, if legally permissible, 1,666,668 shares of Common Stock from Investor’s February 12, 2020 warrant exercise plus 833,332 shares of Common Stock from Investor’s February 4, 2020 warrant exercise. For purposes hereof, the term “Debt Issuance” means any issuance of any debt instrument or incurrence of any debt other than trade payables in the ordinary course of business where Company receives net proceeds in an amount less than $15,000,000.00.
https://www.sec.gov/Archives/edgar/data/1175680/000119312520099591/d914246dex101.htm
He started the day bright and early with patient data and what nots. Not really sure how any of that data can be actually confirmed by independent DD but oh well.
Time will tell by the end of the day if the S-3 gets filed or not. Seems $17,000,000 is on the line here so we'll see if the filing gets filed, shrugged to the side, or some late breaking excuse for not filing pops up.
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