Item 2.02 Results of Operations and Financial Condition

On November 9, 2020, the Company issued a press release announcing its financial results for the fiscal quarter ended September 30, 2020. Separately, on November 10, 2020, the Company issued its updated investor presentation (including supplemental financial information) containing its financial results for the fiscal quarter ended September 30, 2020. The earnings release and investor presentation are attached hereto as Exhibit 99.1 and Exhibit 99.2, respectively, and are incorporated herein by reference.

The information disclosed in "Item 2.02 Results of Operations and Financial Condition," including Exhibits 99.1 and 99.2 hereto, is being furnished and 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 it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended (the "Securities Act"), or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.




Item 8.01    Other Items


On November 5, 2020, the Company's Board of Directors (the "Board") determined that current director Lisa Kay is independent in accordance with Nasdaq guidelines. Due to her role as a former Chief Financial Officer of the Company, Ms. Kay did not meet Nasdaq independence standards upon her initial appointment to the Board; however, the Board has determined that she meets all requisite rules of independence at this time. With the Board's determination, Ms. Kay has been named to each of the Board committees that require independent members (Audit, Compensation and Governance). In addition, she will assume the role of Chairperson of the Audit Committee and, along with former Audit Committee Chairperson Frederick Puddester, is named a financial expert of the Board.





Item 9.01    Exhibits



99.1 Press Release dated November 9, 2020 99.2 Investor Presentation dated November 10, 2020 104 Cover Page Interactive Data File (formatted as inline XBRL and contained in

Exhibit 101)

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