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B_B!

01/19/24 4:17 AM

#54893 RE: scubastevemd #54885

No share dilution yet and no certainty how many shares.
It’s more like a bridge loan, until the DOE loan is available or the company is in better health.
The big drop in stock price is an overreaction, I think.

The Company will have the right, but not the obligation, from time to time at its sole discretion over the 18-month period beginning on the date hereof to direct B. Riley on any trading day to act on a principal basis and purchase up to $10,000,000 of shares of its common stock as set forth in the Sales Agreement; provided, however only one principal sale may be requested per day, and in no event on consecutive calendar days, unless otherwise agreed to by B. Riley. Notwithstanding the foregoing, the aggregate amount of shares of common stock that the Company will direct B. Riley to sell as principal in principal transactions (inclusive of any shares sold by B. Riley in agency transactions) in any calendar week shall not exceed $30,000,000.

(page 2/57)
https://d18rn0p25nwr6d.cloudfront.net/CIK-0001093691/41d7df8e-7f54-407c-b6c7-67583b9a7ac1.pdf