Item 4 — Purpose of Transaction
Item 4 of the Schedule 13D is hereby amended and supplemented to incorporate the following: As previously disclosed, on September 5, 2025, HOFV Holdings, LLC, a Delaware limited liability company ("Parent") and certain of its affiliates, delivered to the Issuer the Notice of Intent to Terminate Merger Agreement and Non-Extension of Note & Security Agreement (the "Notice"), and on September 16, 2025, an additional letter has been delivered to extend the termination date of September 17, 2025 under the Notice to September 30, 2025. On September 30, 2025, Parent and certain of its affiliates delivered to the Issuer a letter (the "Letter"), a copy of which is attached hereto as Exhibit 99.59. Pursuant to the Letter, the termination date of September 30, 2025 under the Notice had been extended to October 17, 2025, and further, Parent agreed to forbear from exercising its rights and remedies under the Merger Agreement, prior to such date, absent any earlier default by the Issuer of any of its obligations under and pursuant to the Merger Agreement other than the obligations arising under Section 7.2(g) of the Merger Agreement with respect to receipt of third party consents to the transaction from the holders of the Issuer's 8% Convertible Notes due 2025. The foregoing information is a summary of the material terms of the Letter described above, is not complete, and is qualified in its entirety by reference to the full text of the Letter, a copy of which is attached hereto as Exhibit 99.59 and incorporated herein by reference. Readers should review the Letter for a complete understanding of the terms and conditions therein.