Other Information.
−Removed: As previously disclosed, Jason A.
−Removed: Amello stepped down as the Senior Vice President, Chief Financial Officer, Treasurer, principal financial officer and principal accounting officer of the Company, effective June 29, 2020.
−Removed: Amello has since remained an employee of the Company to support the Company and his successor during a transitional period.
−Removed: On August 7, 2020, the Company entered into a consulting agreement, or the Consulting Agreement, with Mr.
−Removed: Amello pursuant to which he will continue to advise the Company as a consultant in exchange for (i) the continued vesting of his outstanding options to purchase shares of the Company’s common stock, time-based restricted stock unit awards and performance restricted stock unit awards through the term of the Consulting Agreement and (ii) the continued exercisability of such option awards until, in the case of option awards under the Company’s 2014 Incentive Plan, as amended, three months, and in the case of the Company’s Amended and Restated 2008 Equity Incentive Plan, one month, following expiration or termination of the Consulting Agreement, in each case pursuant and subject to the terms of the such equity plans and the applicable equity award agreements.
−Removed: The Consulting Agreement term will commence upon termination of Mr.
−Removed: Amello’s employment with the Company, effective as of August 7, 2020 and will expire on April 1, 2022, unless extended or earlier terminated pursuant to the terms of the Consulting Agreement.
−Removed: The foregoing information is included for the purpose of providing the disclosures required under “Item 5.02 – Departure of Directors or Certain Officers;
−Removed: Election of Directors;
−Removed: Appointment of Certain Officers;
−Removed: Compensatory Arrangements of Certain Officers” of Form 8-K.
−Removed: The foregoing description of the Consulting Agreement does not purport to be complete and is qualified in its entirety by reference to such agreement, a copy of which we expect to file as an exhibit to our Quarterly Report on Form 10-Q for the quarter ending September 30, 2020.
+Added: Not applicable .
3.1 Ninth Amended and Restated Certificate of Incorporation (incorporated by reference to Exhibit 3.1 to the Company’s Current Report on Form 8-K, filed on March 28, 2014).
2 unchanged sentences
(incorporated by reference to Exhibit 3.1 to the Company's Current Report on Form 8-K, filed on June 9, 2020).
−Removed: 10.1*† Offer Letter to David Spellman, dated as of June 13, 2020.
−Removed: 10.2*# Supply Agreement, dated as of April 2, 2020, by and between Akebia Therapeutics, Inc.
−Removed: and STA Pharmaceutical Hong Kong Limited.
+Added: 10.1*† Consulting Agreement by and between the Company and Jason A.
+Added: Amello, dated August 7, 2020.
+Added: 10.2# Amended and Restated Product Manufacture and Supply and Facility Construction Agreement between BioVectra, Inc.
+Added: and Keryx Biopharmaceuticals, Inc., dated September 4, 2020 (incorporated by reference to Ex hibit 10.1 to the Company's Current Report on Form 8-K, filed on September 11, 2020) .
31.1* Certification of Principal Executive Officer Required Under Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended.
13 unchanged sentences
AKEBIA THERAPEUTICS, INC.
−Removed: August 10, 2020 By:
+Added: November 5, 2020 By:
President and Chief Executive Officer
−Removed: August 10, 2020 By:
+Added: November 5, 2020 By:
Senior Vice President, Chief Financial Officer and Treasurer
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.