Item 1.01 Entry into a Material Definitive Agreement.
On
Also on
The issuance and sale of the Shares by the Company under the Agreement will be
made pursuant to the Company's registration statement on Form S-3 (File No.
333-250925) which was declared effective by the
The foregoing summary of the ATM Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the ATM Amendment, which is filed herewith as Exhibit 1.1.
A copy of the opinion of
This Current Report on Form 8-K shall not constitute an offer to sell or the solicitation of an offer to buy any shares under the Agreement, nor shall there be any sale of such shares in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state.
This report contains forward-looking statements. Forward-looking statements
include, but are not limited to, statements that express our intentions,
beliefs, expectations, strategies, predictions or any other statements related
to our future activities, or future events or conditions. These statements are
based on current expectations, estimates and projections about our business
based, in part, on assumptions made by management. These statements are not
guarantees of future performances and involve risks, uncertainties and
assumptions that are difficult to predict. Therefore, actual outcomes and
results may differ materially from what is expressed or forecasted in the
forward-looking statements due to numerous factors, including those risks
discussed in our Annual Report on Form 10-K and in other documents that we file
from time to time with the
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits. Exhibit Number Description 1.1 Amendment to At-The-Market Offering Agreement, by and between the Company andLadenburg Thalmann & Co. Inc. , datedFebruary 24, 2023 . 5.1 Opinion ofBurns & Levinson, LLP . 23.1 Consent ofBurns & Levinson, LLP (included in Exhibit 5.1). 104 Cover Page Interactive Data File (formatted in inline XBRL in Exhibit 101). 2
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