Hard to see how the most recent press release is not materially misleading when it mentions a $5 million equity raise by May, and the truth is they are required to have a deal in place for a $10 million equity raise by the end of the February. That's nearly 50% dilution.
Plus, the agreement states they are only required to get shareholder approval to the extent required by applicable law...not Nasdaq. So they must raise the capital even if it would result in them being delisted.