Extract to table

If the Offering is revived after September 18, 2023, the shelf registration statement will have expired, and the Company will be required to file a new shelf registration statement on Form S-3 (or, if the Company no longer meets the eligibility requirements for Form S-3, on Form S-1) or a post-effective amendment, which must be declared effective by the SEC prior to commencement of the Offering

(b) Financial Information Update All financial information, risk factors, and business descriptions contained in the draft preliminary prospectus supplement must be updated to reflect the most recent fiscal year and interim period financial statements available at the time of revival

All such incorporated documents must be current at the time the prospectus supplement is filed, and any material developments occurring after the date of the last incorporated filing must be disclosed in the prospectus supplement or in a Current Report on Form 8-K filed prior to or concurrently with the filing of the prospectus supplement

In either case, the underwriting agreement must be revised and finalized to reflect current terms, and a new or updated underwriting engagement letter may be required

(h) 10b5-1 and Negative Assurance Updates The draft 10b5-1 representation letter circulated on June 7, 2021 must be updated and executed by the Company's CEO (Martin R

In addition, the legal opinion and negative assurance letter to be delivered by Calderwood & Harkness LLP to the underwriter must be updated to reflect the current state of facts and applicable law at the time of delivery