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Other than as set forth below, there have been no material changes to the risk factors disclosed in Part I, Item 1A, "Risk Factors," of the 2025 10-K. The following risk factor supersedes and replaces the risk factor titled "Loss of key management personnel" disclosed in the 2025 10-K:
Loss of key management personnel.
Our success depends to a significant extent upon the continuing efforts of Gary Fitlin, our Chief Executive Officer and Chief Financial Officer, who is currently the Company's only remaining full-time employee. On August 7, 2026, the Company entered into a Separation Agreement with Peter Pitsiokos, the Company's former Chief Operating Officer, providing for the termination of Mr. Pitsiokos' employment with the Company effective October 2, 2026. Following that termination, the Company has only one full-time employee, Mr. Fitlin, to oversee the Company's efforts to seek entitlements, market and sell its remaining properties, and wind up its affairs through the completion of the liquidation. We have programs in place that have been designed to motivate, reward and retain Mr. Fitlin, including an employment agreement and our Retention Bonus Plan. Nevertheless, the loss or unavailability of Mr. Fitlin due to retirement, resignation, illness, or otherwise could have a material adverse effect on our business, financial condition and results of operations in general, and our efforts to position our properties to maximize values and distributions to shareholders in particular, if we are unable to retain Mr. Fitlin, and this risk is heightened because the Company no longer has another executive officer available to assume his responsibilities on an interim basis. In addition, the Company's controller resigned as a full-time employee as of February 28, 2025. The former controller continues to provide certain services to the Company under the terms of a consulting agreement dated as of March 1, 2025 (the "Consulting Agreement"). Nevertheless, the Company may find it necessary to hire another person to perform certain functions not covered by the Consulting Agreement and be prepared to assume such functions that are covered by the Consulting Agreement in the event the Consulting Agreement is terminated. If the Company is required to hire such additional person, the cost of doing so could have a material adverse effect on our business, financial condition and results of operations in general. The Company may also need to hire additional personnel to replace some or all of the functions previously performed by Mr. Pitsiokos, and the failure to do so in a timely manner, or the cost of doing so, could have a material adverse effect on our business, financial condition and results of operations.
Items 2 through 5 are not applicable to the Company in the six-months ended June 30, 2026.
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