18 unchanged sentences
OTHE R INFORMATION
−Removed: On August 13, 2020, the Company issued an earnings release reporting our financial and operating results for the fourth quarter and full year ended June 30, 2020, which earnings release was furnished to the SEC as Exhibit 99.1 to our Current Report on Form 8-K.
−Removed: The earnings released reported net income of $3.2 million for the full year and a loss of $823 thousand for the fourth quarter ended June 30, 2020.
−Removed: Subsequent to August 13, 2020, the Company received a $1 million payment from a customer whose accounts receivable were fully reserved as of June 30, 2020.
−Removed: This event impacted the assessment of allowance for doubtful accounts made at the time of the earnings release and management decided to reverse an equivalent amount of allowance previously provided at June 30, 2020.
−Removed: Separately, management found other de minimis adjustments which increased cost of goods sold and general and administrative expenses by $151 thousand and $178 thousand, respectively, for the full year and the fourth quarter ended June 30, 2020.
−Removed: The total impact of adjustments increased the net income reported in the earnings release from $3.2 million to $3.8 million for the full year ended June 30, 2020 and decreased the loss from $823 thousand to $152 thousands for the fourth quarter ended June 30, 2020.
−Removed: The reduction in allowance for doubtful accounts also increased the Company’s accounts receivable balance as of June 30, 2020 by $1 million.
−Removed: We do not believe any of the impacts discussed are material to our financial statements or operating results furnished in the earnings release.
+Added: Disclosure Regarding Foreign Jurisdictions that Prevent Inspections.
REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
29 unchanged sentences
There have been no material changes to the procedures by which stockholders may recommend nominees to our Board of Directors.
−Removed: Code of Conduct and Ethics
−Removed: We have adopted a Code of Conduct and Ethics that applies to all employees including our principal executive officer and principal financial officer.
−Removed: The full texts of our codes of business conduct and ethics are posted on our website at www.accuray.com under the Investor Relations section.
−Removed: We intend to disclose future amendments to certain provisions of our codes, or waivers of such provisions granted to executive officers and directors, on our website within four business days following the date of such amendment or waiver.
−Removed: The inclusion of our web site address in this report does not include or incorporate by reference the information on our web site into this report.
EXECUTIVE COMPENSATION
5 unchanged sentences
PRINCIPAL ACCOUNTING FEES AND SERVICES
−Removed: The information in our 2020 Proxy Statement appearing under the headings “Proposal Five—Ratification of Appointment of Independent Registered Public Accounting Firm—Audit and Non‑Audit Services” and “Proposal Five—Ratification of Appointment of Independent Registered Public Accounting Firm—Audit Committee Pre‑Approval Policies and Procedures” is incorporated herein by reference.
+Added: The information in our 2021 Proxy Statement appearing under the headings “Proposal Three—Ratification of Appointment of Independent Registered Public Accounting Firm—Audit and Non‑Audit Services” and “Proposal
+Added: Three—Ratification of Appointment of Independent Registered Public Accounting Firm—Audit Committee Pre‑Approval Policies and Procedures” is incorporated herein by reference.
EXHIBITS AND FINANCIAL STATEMENT SCHEDULES
20 unchanged sentences
First Supplemental Indenture, dated as of December 4, 2017, between the Registrant and The Bank of New York Mellon Trust Company, N.A., as trustee .
+Added: Indenture, dated as of May 13, 2021, between the Registrant and The Bank of New York Mellon Trust Company, N.A., as trustee .
+Added: Form of 3.75% Convertible Senior Note due 2026 (included in Exhibit 4.7)
Industrial Complex Lease by and between Registrant and MP Caribbean, Inc., dated July 9, 2003, as amended by the First Amendment to Industrial Complex Lease effective as of December 9, 2004 and the Second Amendment to Industrial Complex Lease effective as of September 25, 2006.
3 unchanged sentences
Sixth Amendment to Industrial Complex Lease by and between the Registrant and I & G Caribbean, Inc., dated December 18, 2009.
−Removed: Incorporated by Reference
−Removed: Exhibit Description
Seventh Amendment to Lease by and between the Registrant and DWF III Caribbean, LLC, dated June 20, 2014.
7 unchanged sentences
Form of Market Stock Unit Grant Notice and Award Agreement.
−Removed: Accuray Incorporated Amended and Restated 2016 Equity Incentive Plan.
−Removed: Forms of Award Agreements under the Accuray Incorporated Amended and Restated 2016 Equity Incentive Plan.
+Added: Accuray Incorporated Amended and Restated 2016 Equity Incentive Plan and forms of award agreements thereunder.
Amended and Restated 2007 Employee Stock Purchase Plan.
5 unchanged sentences
Form of Accuray Incorporated Stand-Alone Inducement Stock Option Agreement for Patrick Spine.
−Removed: Incorporated by Reference
−Removed: Exhibit Description
Form of Accuray Incorporated Stand-Alone Inducement Restricted Stock Unit Agreement for Suzanne Winter.
−Removed: Form of Accuray Incorporated Stand-Alone Inducement Stock Option Agreement for Suzane Winter.
+Added: Form of Accuray Incorporated Stand-Alone Inducement Stock Option Agreement for Suzanne Winter.
+Added: Form of Accuray Incorporated Stand-Alone Inducement Restricted Stock Unit Agreement for Jim Dennison .
+Added: Form of Accuray Incorporated Stand-Alone Inducement Stock Option Agreement for Jim Dennison .
+Added: Form of Accuray Incorporated Stand-Alone Inducement Restricted Stock Unit Agreement for J.P.
+Added: Form of Accuray Incorporated Stand-Alone Inducement Stock Option Agreement for J.P.
TomoTherapy Incorporated 2000 Stock Option Plan, as amended, and forms of option agreements thereunder.
5 unchanged sentences
Levine, dated January 1, 2020.
−Removed: Amended and Restated Renewal Executive Employment Agreement by and between Registrant and Andrew J.
−Removed: Kirkpatrick, dated January 1, 2018.
−Removed: Amended and Restated Executive Employment Agreement by and between Accuray International S à rl and Lionel Hadjadjeba, dated January 1, 2018.
−Removed: Separation Agreement and General Release by and between Lionel Hadjadjeba and Accuray International Sàrl, a subsidiary of Registrant, dated August 16, 2019.
−Removed: Executive Employment Agreement by and between Registrant and Shigeyuki Hamamatsu, dated J anuary 1, 2020 .
+Added: Executive Employment Agreement by and between Registrant and Shigeyuki Hamamatsu, dated January 1, 2021 .
Change in Control Agreement between Registrant and Shigeyuki Hamamatsu, dated September 21, 2017.
−Removed: Incorporated by Reference
−Removed: Exhibit Description
−Removed: Executive Employment Agreement by and Between Registrant and Patrick Spine, dated Jan uary 1, 2020 .
−Removed: Executive Employment Agreement by and Between Registrant and Jesse Chew, dated Ja nuary 1, 2020 .
−Removed: Executive Employment Agreement by and Between Registrant and Suzanne Winter, dated January 1, 2020.
+Added: Executive Employment Agreement by and Between Registrant and Patrick Spine, dated January 1, 2021 .
+Added: Executive Employment Agreement by and Between Registrant and Jesse Chew, dated January 1, 2021 .
+Added: Amended and Restated Executive Employment Agreement by and Between Registrant and Suzanne Winter, dated July 1, 2021.
+Added: Executive Employment Agreement by and between Registrant and Michael Hoge, dated January 1, 2021 .
Credit and Security Agreement by and among the Registrant, TomoTherapy Incorporated, any additional borrowers that may be added thereto, MidCap Financial Trust, individually as a lender and as agent, and the other lenders from time to time parties thereto, dated June 14, 2017.
4 unchanged sentences
1 to Credit and Security Agreement by and among the Registrant, TomoTherapy Incorporated, any additional borrowers that may be added thereto, MidCap Funding IV Trust, individually as lender and as agent, and the other financial institutions or other entities from time to time parties thereto, dated December 15, 2017.
−Removed: Incorporated by Reference
−Removed: Exhibit Description
Amendment No.
8 unchanged sentences
3 to Credit and Security Agreement by and among the Registrant, TomoTherapy Incorporated, any additional borrowers that may be added thereto, MidCap Financial Trust, individually as lender and as agent, and the other financial institutions or other entities from time to time party thereto, dated May 30, 2019.
−Removed: Incorporated by Reference
−Removed: Exhibit Description
Amendment No.
8 unchanged sentences
6 to Credit and Security Agreement by and among the Registrant, TomoTherapy Incorporated, any additional borrowers that may be added thereto, MidCap Funding IV Trust, individually as lender and as agent, and the other financial institutions or other entities from time to time party thereto, dated July 3, 2020 .
+Added: Credit Agreement among the Registrant, as the Borrower, the several lenders from time to time party thereto, and Silicon Valley Bank, as administrative agent, lead arranger, issuing lender and swingline lender, dated as of May 6, 2021.
+Added: Form of Exchange Agreement, dated as of May 6, 2021, between the Registrant and each signatory thereto.
+Added: Form of Subscription Agreement, dated as of May 6, 2021, between the Registrant and each signatory thereto .
List of subsidiaries.
Consent of Grant Thornton LLP, independent registered public accounting firm.
−Removed: Incorporated by Reference
−Removed: Exhibit Description
Power of Attorney (incorporated by reference to the signature page of this annual report on Form 10‑K).
19 unchanged sentences
/s/ Joshua H.
−Removed: President and Chief Executive Officer
+Added: Chief Executive Officer
/s/ Shig Hamamatsu
6 unchanged sentences
/s/ Joshua H.
−Removed: President and Chief Executive Officer and Director (Principal Executive Officer)
+Added: Chief Executive Officer and Director (Principal Executive Officer)
August 17, 2021
3 unchanged sentences
August 17, 2021
+Added: /s/ Joseph E.
Chairperson of the Board and Director
3 unchanged sentences
August 17, 2021
−Removed: /s/ Jack Goldstein, Ph.D.
−Removed: Jack Goldstein, Ph.D.
August 17, 2021
4 unchanged sentences
August 17, 2021
−Removed: /s/ Joseph E.
August 17, 2021
−Removed: August 25, 2020
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.