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Subsequent Events
6 Months Ended
Jun. 30, 2022
Subsequent Events.  
Subsequent Events

14. Subsequent Events

The Company has evaluated all events that occur after the balance sheet date through the date when these condensed consolidated financial statements were issued to determine if they must be reported.

Common Stock At-The-Market Sales Program

During July 1, 2022 through August 12, 2022, we issued an aggregate of 25,792,220 shares of Common Stock under the Common ATM Program–4 at a weighted average price of $2.286 per share, generating gross proceeds of $59.0 million and net proceeds of $57.3 million, after offering expenses.

Repayments on BRCC Facility

In July 2022, we repaid $8.5 million of outstanding principal amount under the BRCC Term Loan and borrowed $2.5 million under the BRCC Revolver.

Repurchase of Exchange Notes

In July 2022, the Company repurchased $15.0 million principal amount of Exchange Notes issued under the Revolver Exchange.

Sale and Return of Collateral Notes

During July 1, 2022 through August 12, 2022, Appraisal Action plaintiffs sold $35.5 million of principal amount of the Collateral Notes and returned $11.2 million of principal amount of the Collateral Notes back to the Company. Similarly, holders of the Exchange Notes sold $9.0 million of principal amount of the Collateral Notes.

Reverse Stock Split

On July 25, 2022, the Company filed a Certificate of Amendment of the Company’s Second Amended and Restated Certificate of Incorporation, as amended (the “Certificate of Amendment”), with the Secretary of State of Delaware, to effect a one share-for-twenty shares reverse stock split of the Company’s Common Stock. The reverse stock split, had no effect on the par value of the Common Stock and did not reduce the number of authorized shares. It also did not affect the number of Series A Preferred Stock and Series B Preferred Stock outstanding; however, it did reduce the conversion factor of the Company’s Series A Convertible Preferred Stock and Series B Convertible Preferred Stock. The reason for the reverse stock split was to maintain the Company’s listing on The Nasdaq Capital Market, which pursuant to Nasdaq Listing Rule 5550(a)(2)(the “Rule”) requires that if the closing bid price of the Common Stock is below $1.00 for 30 consecutive trading days, then the closing bid price must be $1.00 or more for 10 consecutive trading days during a grace period to regain compliance with the Rule.

Expiration of IPO Warrants

All of the unexercised IPO warrants expired on July 12, 2022 and none of the IPO warrants remain outstanding as of the filing date.

Redeemable Super Voting Preferred Stock

As of July 25, 2022, the Company is no longer authorized to issue shares of Redeemable Super Voting Preferred Stock.