9 unchanged sentences
Based on this assessment, management concluded that, as of December 31, 2021, our internal control over financial reporting was effective.
+Added: Management’s assessment of and conclusion on the effectiveness of internal control over financial reporting did not include the internal controls of Lana Labs GmbH, which was acquired in August 2021.
+Added: We began consolidating the results of Lana Labs in the 2021 consolidated financial statements of Appian Corporation in connection with the acquisition, which represented approximately 6.0% of total assets as of December 31, 2021 and 0.1% of total revenue for the year ended December 31, 2021.
+Added: Due to the timing of this acquisition and as permitted by SEC guidance, management excluded Lana Labs from its December 31, 2021 assessment of internal control over financial reporting.
The Annual Report on Form 10-K includes an attestation report of our independent registered public accounting firm regarding internal control over financial reporting, which appears in Part II, Item 8 of this Annual Report on Form 10-K.
7 unchanged sentences
Because of the inherent limitations in all control systems, no evaluation of controls can provide absolute assurance that all control issues and instances of fraud, if any, have been detected.
−Removed: These inherent limitations include the realities that judgments in decision making can be faulty and that breakdowns can occur because of a simple error or mistake.
+Added: These inherent limitations include the realities that judgments in decision making can be faulty and that breakdowns can occur because of a
+Added: simple error or mistake.
Additionally, controls can be circumvented by the individual acts of some persons, by collusion of two or more people, or by management override of the controls.
4 unchanged sentences
Not applicable.
+Added: Disclosure Regarding Foreign Jurisdictions that Prevent Inspections.
+Added: Not applicable.
Directors, Executive Officers and Corporate Governance.
19 unchanged sentences
3.1 Amended and Restated Certificate of Incorporation of Appian Corporation.
−Removed: Previously filed as Exhibit 3.
−Removed: 2 to Amendment No.
+Added: Previously filed as Exhibit 3.2 to Amendment No.
3 to the Company’s Registration Statement on Form S-1 (File No.
12 unchanged sentences
4.3 Description of Securities.
−Removed: Previously filed as Exhibit 4.3 to the Company's Annual Report on Form 10-K (File No.
−Removed: 001-38098), filed with the Securities and Exchange Commission on February 20, 2020, and incorporated herein by reference.
+Added: Filed herewith.
10.1 2007 Stock Option Plan and Form of Option Agreement and Exercise Notice thereunder, as amended to date.
6 unchanged sentences
10.3 Non-Employee Director Compensation Plan, as amended December 16, 2020.
−Removed: Filed herewith.
+Added: Previously filed as Exhibit 10.3 to the Company’s Annual Report on 10-K (File No.
+Added: 001-38098), filed with the Securities and Exchange Commission on February 18, 2021, and incorporated herein by reference.
10.4 Form of Indemnification Agreement by and between Appian Corporation and each of its directors and executive officers.
23 unchanged sentences
001-38098), filed with the Securities and Exchange Commission on February 23, 2018, and incorporated herein by reference.
−Removed: 10.12 Stock Option Cancellation Agreement, dated December 7, 2018, between Appian Corporation and Matthew Calkins.
−Removed: Previously filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K (File No.
−Removed: 001-38098), filed with the Securities and Exchange Commission on December 10, 2018, and incorporated herein by reference.
10.12 Deed of Lease, dated April 17, 2018, between Appian Corporation and Tamares 7950 Owner LLC.
18 unchanged sentences
10.18 Employment Agreement, dated as of September 7, 2012, by and between Appian Corporation and Robert Kramer.
−Removed: Previously filed as Exhibit 10.
−Removed: 2 to the Company's Quarterly Report on Form 10-Q (File No.
−Removed: 001-38098) filed with the Securities and Exchange Commission on May 7 , 20 20 , and incorporated herein by reference.
−Removed: 10.20 Employment Agreement, dated as of February 16, 2018, by and between Appian Corporation and David Mitchell.
−Removed: Previously filed as Exhibit 10.
−Removed: 3 to the Company's Quarterly Report on Form 10-Q (File No.
+Added: Previously filed as Exhibit 10.2 to the Company's Quarterly Report on Form 10-Q (File No.
001-38098) filed with the Securities and Exchange Commission on May 7, 2020, and incorporated herein by reference.
−Removed: 10.21 Separation Agreement, dated as of May 1, 2020, by and between Appian Corporation and David Mitchell.
−Removed: Previously filed as Exhibit 10.
−Removed: 1 to the Company's Quarterly Report on Form 10-Q (File No.
−Removed: 001-38098) filed with the Securities and Exchange Commission on August 6 , 2020, and incorporated herein by reference.
10.19 Employment Agreement, dated as of May 6, 2020, by and between Appian Corporation and Eric Cross.
−Removed: Previously filed as Exhibit 10.
−Removed: 2 to the Company's Quarterly Report on Form 10-Q (File No.
+Added: Previously filed as Exhibit 10.2 to the Company's Quarterly Report on Form 10-Q (File No.
001-38098) filed with the Securities and Exchange Commission on August 6, 2020, and incorporated herein by reference.
+Added: 10.20 Appian Corporation Employee Stock Purchase Plan.
+Added: Previously filed as Exhibit 10.1 to the Company's Quarterly Report on Form 10-Q (File No.
+Added: 001-38098) filed with the Securities and Exchange Commission on August 5, 2021, and incorporated herein by reference.
+Added: 10.21 Third Amendment to Deed of Lease, dated as of November 30, 2021, between Appian Corporation and Tamares 7950 Owner LLC.
+Added: Filed herewith.
+Added: 10.22 Agreement of Sublease, dated as of November 30, 2021, between Appian Corporation and Octagon, Inc.
+Added: Filed herewith.
+Added: 10.23 Agreement on the Sale and Transfer of Shares dated as of August 4, 2021, by and among Appian Europe Ltd., and each of the Sellers and Managers identified therein.
+Added: Previously filed as Exhibit 10.1 to the Company's Quarterly Report on Form 10-Q (File No.
+Added: 001-38098) filed with the Securities and Exchange Commission on November 4, 2021, and incorporated herein by reference.
+Added: 10.24 First Loan Modification Agreement, dated as of December 30, 2021, by and between Appian Corporation and Silicon Valley Bank.
+Added: Filed herewith.
21.1 Subsidiaries of Appian Corporation.
27 unchanged sentences
APPIAN CORPORATION
−Removed: February 18, 2021
+Added: February 17, 2022 By:
/s/ Matthew Calkins
Matthew Calkins
−Removed: Chief Executive Officer and Chairman of the Board
−Removed: (On behalf of the Registrant and as Principal Executive Officer)
+Added: Chief Executive Officer and Chairman of the Board (Principal Executive Officer)
KNOW ALL PERSONS BY THESE PRESENTS, that each person whose signature appears below hereby constitutes and appoints Matthew Calkins, Mark Lynch, and Christopher Winters, and each of them acting individually, as his or her true and lawful attorneys-in-fact and agents, with full power of each to act alone, with full powers of substitution and resubstitution, for him or her and in his or her name, place, and stead, in any and all capacities, to sign any and all amendments to this Annual Report on Form 10-K with all exhibits thereto and all documents in connection therewith, with the Securities and Exchange Commission, granting unto said attorneys-in-fact and agents, with full power of each to act alone, full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection therewith, as fully for all intents and purposes as he or she might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, or his, her or their substitutes, may lawfully do or cause to be done by virtue hereof.
9 unchanged sentences
Chief Financial Officer
−Removed: (Principal Financial Officer and Principal Accounting Officer)
+Added: (Principal Financial Officer)
February 17, 2022
+Added: /s/ Mark Matheos
+Added: Chief Accounting Officer
+Added: (Principal Accounting Officer)
+Added: February 17, 2022
/s/ Robert C.
14 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.