What changed in this filing

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Item 5. Other Information

2024-08-14 compared with 2024-05-15 · 40 added, 16 removed, 17 unchanged (77% of the section changed)

Other Information

Deferred 2023 bonuses of $500,000 were paid in May 2024 to Thomas Equels for $350,000 and Peter Rodino for $150,000.

- See exhibit index below.

Certificate of Increase of Series A Junior Participating Preferred Stock.

(incorporated by reference to exhibit 3.1 to the Company’s Quarterly report on Form 10-Q (No.

001-27072) for the year ended March 31, 2023).

July 31, 2024, we adopted Restated and Amended Bylaws.

The Restated and Amended Bylaws revise the prior Bylaws by (i) removing or revising

provisions in Section 1.4 of the prior Bylaws (the advance notice portion of the Bylaws) deemed unenforceable or invalid by the Delaware

Supreme Court, (ii) revising other portions of Section 1.4 to ensure that our advance notice bylaws are otherwise appropriately tailored

to further the intended procedural and informational functions of the advance notice bylaws, including in view of guidance from the Delaware

Court of Chancery and Delaware Supreme Court in their opinions in the Kellner litigation, and (iii) making other conforming and

clarifying changes to the prior Bylaws.

addition, the Restated and Amended Bylaws add that, in the case of our 2024 annual meeting of stockholders, a Noticing Stockholder’s

notice of nominations or proposed business shall also be considered timely if it is delivered to our Secretary at the principal executive

offices of the Company not later than the Close of Business on September 13, 2024.

to Employment Agreements:

Equels’ employment agreement was amended by adding the following to the end of Section 3(a):

Notwithstanding the provisions of Section 3(a), during the one year period ending November 9, 2024, the Employee’s Short term compensation

shall be revised and shall consist of a base salary of $750,000 and shares of the Company’s common stock, $.001 par value, valued

at $100,000, such value equal to 100% of the closing price of the Company’s common stock on the NYSE American on the trading date

immediately preceding the date of this Agreement.

Rodino’s employment agreement was amended by adding the following to the end of Section 3(a):

Notwithstanding the provisions of Section 3(a), during the one year period ending March 23, 2025, the Employee’s Short term compensation

shall be revised and shall consist of a base salary of $375,000 and shares of the Company’s common stock, $.001 par value, valued

at $50,000, such value equal to 100% of the closing price of the Company’s common stock on the NYSE American on the trading date

immediately preceding the date of this Agreement.

Exhibits - See exhibit index below.

Certificate of Increase of Series A Junior Participating Preferred Stock (incorporated by reference to exhibit 3.1 to the Company’s Quarterly report on Form 10-Q (No.

001-27072) for the period ended March 31, 2023).

Amended and Restated By-Laws of Registrant (incorporated by reference to exhibit 3.1(ii) to the Company’s Current Report on Form 8-K (No.

001-27072) filed August 1, 2024).

Third Amended and Restated Rights Agreement, dated May 12, 2023 between AIM ImmunoTech Inc.

3 unchanged sentences

001-27072) filed May 15, 2023).

February 16, 2024 Note Purchase Agreement with Streeterville Capital LLC (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K (No.

001-27072) filed February 20, 2024).

February 16, 2024 Promissory Note with Streeterville Capital LLC (incorporated by reference to Exhibit 10.2 to the Company’s Current Report on Form 8-K (No.

001-27072) filed February 20, 2024).

Atlas Equity Purchase Agreement (incorporated by reference to Exhibit 10.104 to the Company’s annual report on Form 10-K (No.

001-27072) for the year ended December 31, 2023).

Atlas Registration Rights Agreement (incorporated by reference to Exhibit 10.104 to the Company’s annual report on Form 10-K (No.

001-27072) for the year ended December 31, 2023).

October 4, 2023 Lease extension for Riverton office (incorporated by reference to Exhibit 10.106 to the Company’s Registration Statement on Form S-1 (No.

333-278839) filed April 19, 2024).

March 15, 2024 Addendum 1 to Lease for Ocala office (incorporated by reference to Exhibit 10.107 to the Company’s Registration Statement on Form S-1 (No.

October 4, 2023 Lease extension for Riverton office (incorporated by reference 10.106 to the Company’s Registration Statement on Form S-1 (No.

333-278839) filed April 19, 2024).

March 15, 2024 Addendum 1 to Lease for Ocala office (incorporated by reference to Exhibit 10.107 to the Company’s Registration Statement on Form S-1 (No.333-278839) filed April 19, 2024).

Form of Securities Purchase Agreement, dated as of May 31, 2024, by and among the Company and a Purchaser (incorporated by reference to exhibit 10.1 to the Company’s Current report on Form 8-K (No.

001-27072) filed June 3, 2024).

August 12, 2024 Amendment to Employment Agreement for Thomas K Equels*

August 12, 2024 Amendment to Employment Agreement for Peter W Rodino III*

Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 from the Company’s Chief Executive Officer.

2 unchanged sentences

Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 from the Company’s Chief Financial Officer.

XBRL Instance Document

XBRL Taxonomy Schema

XBRL Taxonomy Calculation Linkbase

XBRL Taxonomy Definition Linkbase

XBRL Taxonomy Label Linkbase

XBRL Taxonomy Presentation Linkbase

Page Interactive Data File (Embedded within the Inline XBRL document and included in Exhibit)

to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed

4 unchanged sentences

Financial Officer

August 14, 2024

Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.

What changed 10-Q

Item 5. Other Information