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3.2 Amended and Restated Bylaws of Appian Corporation.
−Removed: Previously filed as Exhibit 3.
−Removed: 4 to Amendment No.
−Removed: 2 to the Company’s Registration Statement on Form S-1 (File No.
+Added: Previously filed as Exhibit 3.4 to Amendment No.2 to the Company’s Registration Statement on Form S-1 (File No.
333-217510), filed with the Securities and Exchange Commission on May 10, 2017, and incorporated herein by reference.
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Previously filed as Exhibit 4.1 to Amendment No.3 to the Registrant’s Registration Statement on Form S-1 (File No.333-217510), filed with the Securities and Exchange Commission on May 12, 2017, and incorporated herein by reference.
−Removed: 10.1 Third Amendment to Credit Agreement, dated as of June 13, 2023, by and among Appian Corporation, MUFG Bank, Ltd., Wells Fargo Bank, National Association, Comerica Bank, Customers Bank, and Silicon Valley Bank, a division of First-Citizens Bank & Trust Company (successor by purchase to the Federal Deposit Insurance Corporation as receiver for Silicon Valley Bridge Bank, N.A.
−Removed: (as successor to Silicon Valley Bank)).
+Added: 10.1 Judgment Preservation Insurance Policy and Form
+Added: of Excess Judgment Preservation Insurance Policy
+Added: dated as of September 1, 2023, between Appian
+Added: Corporation and the insurers named therein.^
Filed herewith.
+Added: 10.2 Addendum No.
+Added: 2 to Software Enterprise OEM License Agreement, dated as of August 31, 2023, by and between Appian Corporation and Kx Systems, Inc.
+Added: Filed herewith.
31.1 Certification of Principal Executive Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
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* The certifications furnished in Exhibit 32.1 hereto are deemed to accompany this Quarterly Report on Form 10-Q and will not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, except to the extent the company specifically incorporates it by reference.
+Added: ^ Portions of this exhibit have been omitted pursuant to Item 601(b)(10)(iv) of Regulation S-K.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
APPIAN CORPORATION
−Removed: August 3, 2023 By:
+Added: November 2, 2023 By:
/s/ Matthew Calkins /s/ Mark Matheos
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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.