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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 |
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| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | SEC 1473 (7-02) | ||
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. | |||
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1. Title of Derivative Security (Instr. 4) |
2. Date Exercisable and Expiration Date (Month/Day/Year) |
3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) |
4. Conversion or Exercise Price of Derivative Security |
5. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 5) |
6. Nature of Indirect Beneficial Ownership (Instr. 5) |
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| Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||
| Restricted Share Units | (1) | (1) | Common Stock | 1,000,000 (2) | $ (3) | D | |
| Performance Share Units | (4) | (4) | Common Stock | 437,500 (2) | $ (3) | D | |
| Performance Share Units | (5) | (5) | Common Stock | 218,750 (2) | $ (3) | D | |
| Performance Share Units | (6) | (6) | Common Stock | 218,750 (2) | $ (3) | D | |
| Reporting Owner Name / Address | Relationships | |||
| Director | 10% Owner | Officer | Other | |
| Docherty Susan E 8127 EAST RAY ROAD MESA, AZ 85212 |
X | CEO and Interim COO | ||
| /s/ Susan Docherty | 02/01/2024 | |
| **Signature of Reporting Person | Date |
| * | If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
| ** | Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
| (1) | On December 5, 2022, the reporting person was granted a total of 1,000,000 restricted share units ("RSUs"), which vest in three equal annual installments from the grant date. |
| (2) | These RSUs and performance share units ("PSUs") were inadvertently omitted from the reporting person's original Form 3 filed on January 25, 2023. |
| (3) | Each RSU or PSU represents a contingent right to receive one common share of the issuer upon vesting. |
| (4) | On December 5, 2022, the reporting person was granted a total of 437,500 PSUs, which vest on the first date on which the 30-day volume weighted average trading price per common share of the issuer is $5.00 or greater. |
| (5) | On December 5, 2022, the reporting person was granted a total of 218,750 PSUs, which vest on the first date on which the 30-day volume weighted average trading price per common share of the issuer is $6.00 or greater. |
| (6) | On December 5, 2022, the reporting person was granted a total of 218,750 PSUs, which vest on the first date on which the 30-day volume weighted average trading price per common share of the issuer is $7.00 or greater. |