Item 5. Other Information
Item 5. Other Information
A written plan entered into by Evan Bakst , a Director of the Company, on May 23, 2023 for the sale of an aggregate 8,700 shares of common stock terminated in accordance with the plan term on September 15, 2023 . The plan was intended to satisfy the affirmative defense conditions of Rule 10b5-1(c) under the Exchange Act.
On September 14, 2023 , David P. Sponsel , the Company's Executive Vice President , Sales, entered into a written plan for the sale of up to 104,680 shares of common stock. The number of shares of common stock to potentially be sold pursuant to this written plan will depend on the terms of current unvested equity compensation awards granted to Mr. Sponsel and the Company’s achievement relative to applicable performance measures for such current unvested equity compensation awards. In addition, the actual number of shares that will be released to Mr. Sponsel in connection with these awards and sold under Rule 10b5-1(c) will be net of the number of shares withheld to satisfy tax withholding obligations arising from the vesting of such shares and is not yet determinable. The plan is intended to satisfy the affirmative defense conditions of Rule 10b5-1(c) under the Exchange Act, and is scheduled to terminate no later than November 29, 2024 .
On September 11, 2023 , Craig E. Hunsaker , the Company's Executive Vice President , People and Culture, entered into a written plan for the sale of shares of common stock. The number of shares of common stock to potentially be sold pursuant to this written plan is intended to satisfy tax withholding obligations arising from the vesting of such shares and is not yet determinable. The plan is intended to satisfy the affirmative defense conditions of Rule 10b5-1(c) under the Exchange Act, and is scheduled to terminate no later than March 28, 2024 .
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On August 10, 2023 , Scott Lish , the Company's Senior Vice President , Research & Development, modified a written plan for the sale of up to 97,585 shares of common stock. The number of shares of common stock to potentially be sold pursuant to this written plan will depend on the terms of current unvested equity compensation awards granted to Mr. Lish and the Company’s achievement relative to applicable performance measures for such current unvested equity compensation awards. In addition, the actual number of shares that will be released to Mr. Lish in connection with these awards and sold under Rule 10b5-1(c) will be net of the number of shares withheld to satisfy tax withholding obligations arising from the vesting of such shares and is not yet determinable. The plan is intended to satisfy the affirmative defense conditions of Rule 10b5-1 (c) under the Exchange Act, and is scheduled to terminate no later than March 7, 2025 .
On August 10, 2023 , Beth Altman , a Director of the Company, terminated a written plan for the sale of an aggregate 12,742 shares of common stock. The plan was intended to satisfy the affirmative defense conditions of Rule 10b5-1 (c) under the Exchange Act.
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Item 6. E xhibits
Exhibit
Number Exhibit Description
31.1
Certification of Principal Executive Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
31.2
Certification of Principal Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
32
Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
101
The following materials from the Alphatec Holdings, Inc. Quarterly Report on Form 10-Q for the three and nine months ended September 30, 2023, formatted in iXBRL (Inline eXtensible Business Reporting Language): (i) Condensed Consolidated Balance Sheets (Unaudited) as of September 30, 2023 and December 31, 2022, (ii) Condensed Consolidated Statements of Operations (Unaudited) for the Three and Nine Months Ended September 30, 2023 and 2022, (iii) Condensed Consolidated Statements of Comprehensive Loss (Unaudited) for the Three and Nine Months Ended September 30, 2023 and 2022, (iv) Condensed Consolidated Statements of Stockholders’ (Deficit) Equity (Unaudited) for the Three and Nine Months Ended September 30, 2023 and 2022, (v) Condensed Consolidated Statements of Cash Flows (Unaudited) for the Nine Months Ended September 30, 2023 and 2022, and (vi) Notes to Condensed Consolidated Financial Statements (Unaudited).
104
Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101.INS)
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SIGNAT URES
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.
ALPHATEC HOLDINGS, INC.
By:
/s/ Patrick S. Miles
Patrick S. Miles
Chairman and Chief Executive Officer
(principal executive officer)
By:
/s/ J. Todd Koning
J. Todd Koning
Executive Vice President and Chief Financial Officer
(principal financial officer and principal accounting officer)
Date: November 6, 2023
39
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.