Item 2.02. Results of Operations and Financial Condition.
On
The information furnished under this Item 2.02 and the exhibit attached hereto as Exhibit 99.1 shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing by the Company under the Securities Act of 1933, as amended (the "Securities Act"), or the Exchange Act, except as expressly set forth by specific reference in such filing.
Item 8.01 Other Events At The Market Offering
As disclosed within Item 1.01 to the Company's Current Report on Form 8-K filed
with the
On
The Placement Shares have been registered under the Securities Act pursuant to
the Registration Statement on Form S-3 (File No. 333-252475) (the "Registration
Statement"), which was originally filed with the
This Current Report on Form 8-K shall not constitute an offer to sell or a solicitation of an offer to buy any securities, nor shall there be any sale of these securities in any state or jurisdiction in which such an offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or other jurisdiction.
The description of the material terms of the Sales Agreement is not intended to be complete and is qualified in its entirety by reference to the Sales Agreement, which was filed as Exhibit 1.1 to the Previous Report and is incorporated herein by reference.
The consent of Liggett & Webb, P.A consenting to the incorporation by reference
in certain of the Company's registration statements of its report filed with the
Company's Annual Report on Form 10-K, is attached as Exhibit 23.2 hereto and
incorporated by reference herein. The consent of
Item 9.01 Financial Statements and Exhibits
(d) Exhibits. Number Description 5.1 Opinion ofStradling Yocca Carlson & Rauth, P.C. 23.1 Consent ofStradling Yocca Carlson & Rauth, P.C. (included in Exhibit 5.1 above). 23.2 Consent ofLiggett & Webb, P.A .. 23.3 Consent ofKMJ Corbin & Company LLP . 99.1 Press release datedOctober 21, 2021 . 104 Cover Page Interactive Data File (embedded within the Inline XBRL document).
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