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Subsequent Events
3 Months Ended
May 04, 2024
Subsequent Events.  
Subsequent Events

10. Subsequent Events

As previously disclosed in the Companys Form 8-K filed on May 7, 2024, the Company and Equiniti Trust Company, LLC (the Rights Agent) entered into the Second Amendment to the Stockholder Protection Rights Agreement, dated as of May 7, 2024 (the Amendment), which amended the Stockholder Protection Rights Agreement, dated as of December 6, 2023, by and between the Company and the Rights Agent, as amended by that certain Amendment to the Stockholder Protection Rights Agreement, dated as of February 28, 2024 (as amended, the Rights Agreement).

The Amendment terminated the Rights Agreement by accelerating the expiration time of the Companys preferred share purchase rights (each, a Right and, collectively, the Rights) to 5:00 P.M., New York City time, on May 7, 2024. At the time of the termination of the Rights Agreement, all of the Rights, which were previously distributed to holders of the Companys issued and outstanding common stock, par value $0.01, pursuant to the Rights Agreement, expired. In deciding to accelerate the expiration time to May 7, 2024, the Company's Board of Directors determined that an active Rights Agreement is no longer needed to protect stockholder value.

As previously disclosed in the Companys Form 8-K filed on May 31, 2024, the Companys Board of Directors appointed Kenneth D. Seipel as interim Chief Executive Officer (CEO), effective June 2, 2024. In connection with the appointment, David Makuen has stepped down as CEO and a member of the Companys Board of Directors.  The Boards independent members will commence a search for a new permanent Chief Executive Officer and plan to retain a nationally recognized executive search firm to support the process. The Board will consider external candidates, as well as Mr. Seipel, in the search.