Item 2.02 Results of Operations and Financial Condition.
On
The press release attached hereto as Exhibit 99.1 is being furnished pursuant to Item 2.02, and the information contained therein 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 either of them be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.
Item 7.01 Regulation FD Disclosure.
A copy of the investor presentation being provided in connection with the
Company's earnings conference call for the third quarter ended
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits Exhibit No. Description of Exhibit 99.1 Press Release 99.2 Investor Presentation 104 Cover Page Interactive Data File (embedded within the Inline XBRL document) Forward Looking Statements
This Current Report on Form 8-K includes "forward-looking statements" within the
meaning of Section 27A of the Securities Act of 1933, as amended, and Section
21E of the Securities Exchange Act of 1934, as amended. These forward-looking
statements reflect the Company's current views with respect to, among other
things, future events, including the Company's notification of the NYSE of its
intent to cure the stock price deficiency and any potential plans for doing so.
Forward-looking statements are often, but not always, made through the use of
words or phrases such as "may," "should," "could," "predict," "potential,"
"believe," "will likely result," "expect," "continue," "will," "anticipate,"
"seek," "estimate," "intend," "plan," "projection," "would" and "outlook," or
the negative version of those words or other comparable words or phrases of a
future or forward-looking nature. These forward-looking statements are not
historical facts and are based on our current expectations and assumptions and
analyses made by us in light of our experience and our perception of historical
trends, current conditions, and expected future developments, as well as other
factors we believe are appropriate under the circumstances. Accordingly, we
caution you that any such forward-looking statements are not guarantees of
future performance and are subject to risks, assumptions, and uncertainties that
are difficult to predict. Although we believe the expectations reflected in
these forward-looking statements are reasonable as of the date made, actual
results may prove to be materially different from the results expressed or
implied in these forward-looking statements due to a number of factors, many of
which are beyond our control, including our ability to regain compliance with
the continued listing standards of the NYSE within the applicable cure period,
our ability to continue to comply with applicable NYSE listing standards, and
other factors under the heading "Risk Factors" in our Annual Report on Form 10-K
for the year ended
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