Orbital Solar Services potential liquidated damages.

On October 23, 2022, Orbital Solar Services had a project completion milestone due that was not met. Contractually, liquidated damages may be incurred at $150,000 per day related to this milestone. In aggregate, delay-related liquidated damages cannot exceed a cap of $9.4 million specific to this contract. Liquidated damages are due and payable within 15 days of invoice per the language in the contract. As of November 14, 2022, the project milestone has not been completed and we have not been invoiced.

New home office facility lease

On October 6, 2022, the Company signed a lease for its new home office in Houston, Texas. The lease is for 46 months and commences at $7 thousand per month. 

Cured default on syndicated debt

In November 2022, The Company resolved a dispute with the Syndicated lenders whereby the Syndicated lenders deemed the Company to be in default of its credit agreement due to the Company using proceeds from Front Line Power's operations to pay down $9.5 million of the Company's working capital adjustment with the sellers of Front Line Power. As part of a consent agreement with the lenders, the Company agreed to pay the lenders in a paid-in-kind amount of $10.5 million, which was added to the Syndicated debt balance and included $1.0 million of interest calculated from the first intercompany advance that the Company made.

Extension of prepaid advance maturity date 

The maturity date for the Company's prepaid advance, which had a fair value of $4.7 million at September 30, 2022, was extended to February 28, 2023 from its original maturity date of October 27, 2022 for additional consideration of $52,500. 

Shares issued to lenders of the Company's syndicated debt as part of the Company's subscription agreement with those lenders

On November 7, 2022, the Company issued the lenders of the Company's syndicated debt an additional 3,325,010 shares, which dropped the subscription agreement's reference price from $0.40 at September 30, 2022 to $0.30 and on November 10, the Company issued the same lenders an additional 3,685,971 shares, which set a new reference price of $0.2349 for the subscription agreement. See Note 16 for more information about the Company's syndicated debt, and note 12 and 19 for information on the financial instrument liability related to the subscription agreement.