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Monday, September 14, 2020 10:29:02 AM
"The Prospectus/Consent Solicitation dated
September 10, 2010 and relating to the Exchange Offers. Regardless of the number of shares of
Preferred Stock tendered for each Consideration Option, the Company will not issue more than
126,048,813 shares of Common Stock or pay out more than $30,000,000 in cash. The Exchange
Offers are also conditioned on our ability to issue or sell securities or enter into an alternative
capital raising transaction pursuant to which not less than $30,000,000 is raised for the purpose
of funding the cash consideration on terms satisfactory to the Company in our sole discretion,
including the determination by the Company’s board of directors that the proceeds of the capital
raising transaction can be lawfully used to fund the cash consideration."
**"The Company is undertaking the Exchange Offers and the Consent Solicitation as part of our
recapitalization to improve our capital structure in light of the impacts of the novel strain of
coronavirus (COVID-19) on our business. We did not pay dividends on any series of Preferred
Stock in the second quarter of 2020, and we do not expect to pay dividends on any series of
Preferred Stock for the foreseeable future. The unpaid dividends on the Preferred Stock will
continue to accumulate (whether or not declared or paid) at a rate of approximately $10.6 million
per quarter, and will result in a significant financial burden for the Company over time.
The Exchange Offers will expire at 5:00 p.m., Eastern Time, on October 9, 2020,"...
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