EX-3.1 2 tm214423d1_ex3-1.htm EXHIBIT 3.1

Exhibit 3.1

 

Certificate, Amendment or Withdrawal of Designation

 

1.The last sentence of the first paragraph of Section 6(a) is hereby deleted in its entirety and replaced with the following:

 

"From January 27, 2021 until September 30, 2021, the “Conversion Price” shall be reduced to $1.50 per share, subject to adjustment as provided below. After October 1 , 2021, the “Conversion Price” shall be $18.90, subject to adjustment as provided below.”

 

2.The references to section 7 in Section 6(a) are hereby deleted.

 

3.Section 7 is hereby deleted in its entirety and replaced with the following:

 

“[Intentionally Deleted]”

 

4.The definitions of “Change of Control” and “Change of Control Price” in Section 10 are each hereby deleted in their entirety.