Other Information.
+Added: As previously disclosed, on May 9, 2022, in connection with our workforce reduction, we announced certain management transitions, including that we and Michel Dahan, our Chief Operating Officer, agreed that his employment with us would terminate effective January 23, 2023, except in the event of certain specified events when his employment with us would terminate later, but in no event later than July 1, 2023.
+Added: On November 2, 2022, we and Mr.
+Added: Dahan agreed to extend the effective date of his termination to May 5, 2023, and, in the event of certain specified events, the effective date of his termination may extend to October 20, 2023.
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
3.3 Amended and Restated Bylaws (incorporated by reference to Exhibit 3.2 to the Company’s Current Report on Form 8-K, filed on March 28, 2014).
−Removed: 10.1 Form of Officer Retention Letter Agreement (incorporated by reference to Exhibit 10.
−Removed: 6 to the Company’s Quarterly Report on Form 10-Q (001-36352), filed on May 9, 2022) .
−Removed: 10.2# Form of Retention and Separation Agreement for Michel Dahan and Nicole R.
−Removed: Hadas (incorporated by reference to Exhibit 10.
−Removed: 7 to the Company’s Quarterly Report on Form 10-Q (001-36352), filed on May 9, 2022) .
−Removed: 10.3 Separation Agreement with Dell Faulkingham, dated May 5, 2022 (incorporated by reference to Exhibit 10.8 to the Company’s Quarterly Report on Form 10-Q (001-36352), filed on May 9, 2022) .
−Removed: 10.4 Open Market Sale Agreement SM , dated April 7, 2022, by and between Akebia Therapeutics, Inc.
−Removed: and Jefferies LLC (incorporated by reference to Exhibit 1.1 to the Company’s Current Report on Form 8-K (001-36352), filed on April 7, 2022).
−Removed: 10.5* Retention Agreement with David Spellman, dated June 22, 2022.
−Removed: 10.6* Form of Officer Restricted Stock Unit Award Agreement under 2014 Incentive Plan ( Retention Awards) .
−Removed: 10.7* Form of Officer Non-Statutory Stock Option Agreement under 2014 Incentive Plan ( Retention Awards).
−Removed: 10.8*# Termination and Settlement Agreement, dated June 30, 2022, by and between the Company and Otsuka Pharmaceutical Co.
−Removed: 10.9*# Second Amendment and Waiver, dated July 15, 2022, by and among the Company, Biopharma Credit plc, BCPR Limited Partnership and Biopharma Credit Investments V (Master) LP .
+Added: 10.1# Second Amendment and Waiver, dated July 15, 2022, by and among the Company, Biopharma Credit plc, BCPR Limited Partnership and Biopharma Credit Investments V (Master) LP (incorporated by reference to Exhibit 10.9 to the Company’s Quarterly Report on Form 10-Q (001-36352), filed on August 4, 2022).
+Added: 10.2*# Form of Amendment to Retention and Separation Agreement for Michel Dahan and Nicole R.
31.1* Certification of Principal Executive Officer Required Under Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended.
12 unchanged sentences
AKEBIA THERAPEUTICS, INC.
−Removed: August 4, 2022
+Added: November 3, 2022
President and Chief Executive Officer (Principal Executive Officer)
−Removed: August 4, 2022
+Added: November 3, 2022
Senior Vice President, Chief Financial Officer and Treasurer (Principal Financial Officer)
−Removed: August 4, 2022
+Added: November 3, 2022
/s/ Violetta Cotreau
2 unchanged sentences
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.