2 unchanged sentences
During the period covered by this Quarterly Report on Form 10-Q, no director or officer of the Company adopted or terminated a “Rule 10b5-1 trading arrangement” or “non-Rule 10b5-1 trading arrangement,” as each term is defined in Item 408(a) of Regulation S-K.
−Removed: 10.1 Seventh Amendment, dated as of May 24, 2023, among the Company, as the lead borrower, the other borrowers party thereto, the lenders party thereto and Bank of America, N.A., as administrative agent and collateral agent for the lenders, to the Credit Agreement, dated as of August 3, 2015, referenced in the Report on Form 8-K filed with the SEC on May 31, 2023.
−Removed: 10.2 Second Amendment, dated as of May 24, 2023, among the Company, as borrower, certain subsidiaries of the Company party thereto as guarantors, TopLids LendCo, LLC and Vital Fundco, LLC, as lenders, and TopLids LendCo, LLC, as administrative agent and collateral agent for the lenders, to the Term Loan Credit Agreement, dated as of June 7, 2022, referenced in the Report on Form 8-K filed with the SEC on May 31, 2023.
−Removed: 10.3 Eighth Amendment, dated as of July 28, 2023, among the Company, as the lead borrower, the other borrowers party thereto, the lenders party thereto and Bank of America, N.A., as administrative agent and collateral agent for the lenders, to the Credit Agreement, dated as of August 3, 2015, referenced in the Report on Form 8-K filed with the SEC on July 28, 2023.
−Removed: 10.4 Third Amendment, dated as of July 28, 2023, among the Company, as borrower, certain subsidiaries of the Company party thereto as guarantors, TopLids LendCo, LLC and Vital Fundco, LLC, as lenders, and TopLids LendCo, LLC, as administrative agent and collateral agent for the lenders, to the Term Loan Credit Agreement, dated as of June 7, 2022, referenced in the Report on Form 8-K filed with the SEC on July 28, 2023.
−Removed: 10.5 Severance Letter Agreement and General Release and Waiver, dated as of May 3, 2023, between Barnes & Noble Education, Inc.
−Removed: and David Henderson, referenced in the Annual Report on Form 10-K filed with the SEC on July 31, 2023.
+Added: Amended and Restated By-Laws of Barnes & Noble Education, Inc., effective as of October 5, 2023, referenced in the Report on Form 8-K filed with the SEC on October 12, 2023, and incorporated herein by reference.
+Added: Ninth Amendment, dated as of October 10, 2023, among the Company, as the lead borrower, the other borrowers party thereto, the lenders party thereto and Bank of America, N.A., as administrative agent and collateral agent for the lenders, to the Credit Agreement, dated as of August 3, 2015.
+Added: Retention Agreement Amendment, dated September 8, 2023 between Michael C.
+Added: Miller and Barnes & Noble Education, Inc., referenced in the Report on Form 8-K filed with the SEC on September 14, 2023, and incorporated herein by reference.
+Added: Retention Agreement Amendment, dated September 8, 2023 between Jonathan Shar and Barnes & Noble Education, Inc., referenced in the Report on Form 8-K filed with the SEC on September 14, 2023, and incorporated herein by reference.
+Added: Performance Incentive Agreement, dated September 14, 2023 between Michael P.
+Added: Huseby and Barnes & Noble Education, Inc., referenced in the Report on Form 8-K filed with the SEC on September 14, 2023, and incorporated herein by reference.
Certification by the Chief Executive Officer and Principal Financial Officer pursuant to Rule 13a-14(a)/15(d)-14(a) under the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
+Added: Certification by the Chief Financial Officer and Principal Financial Officer pursuant to Rule 13a-14(a)/15(d)-14(a) under the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
Certification of Chief Executive Officer and Principal Financial Officer pursuant to Rule 13a-14(b) under the Securities Exchange Act of 1934 and 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
+Added: Certification of Chief Financial Officer and Principal Financial Officer pursuant to Rule 13a-14(b) under the Securities Exchange Act of 1934 and 18 U.S.C.
+Added: Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
101.INS XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document.
9 unchanged sentences
BARNES & NOBLE EDUCATION, INC.
−Removed: / S / MICHAEL P.
−Removed: Chief Executive Officer
+Added: / S / KEVIN WATSON
+Added: Chief Financial Officer
(principal financial officer)
2 unchanged sentences
(principal accounting officer)
−Removed: September 6, 2023
+Added: December 7, 2023
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.