1 unchanged sentence
Number Description
+Added: 2.1+ First Amendment to Agreement and Plan of Merger, dated March 4, 2023, by and between the Company and Soheil Shams, as the Securityholders’ Representative.
Amended and Restated Certificate of Incorporation, as amended.
+Added: Certificate of Designation of Preferences, Rights and Limitations of Series A Preferred Stock
Amended and Restated Bylaws.
+Added: Amendment to Amended and Restated Bylaws
Form of Common Stock Certificate
Form of Warrant to Purchase Series D-1 Preferred Stock issued to Midcap Financial Trust.
−Removed: Form of Warrant to Purchase Common Stock Issued to Underwriters.
+Added: Form of Warrant to Purchase Common Stock Issued to Underwriters (attached to the Underwriting Agreement).
Form of Warrant Certificate (included in Exhibit 4.5).
1 unchanged sentence
Form of Warrant to Purchase Common Stock for Service Providers.
−Removed: Registration Rights Agreement, dated March 14, 2019, by and among the Company and the Innovatus Investors.
Form of Warrant to Purchase Common Stock issued to Investors in October 2019 Public Offering.
Form of Warrant to Purchase Common Stock issued to Investors in April 2020 Public Offering .
+Added: 10.1 Amendment No.
+Added: 1 to Sales Agreement, dated March 9, 2023, by and between the Company and Cowen and Company, LLC.
31.1 Certification of Principal Executive Officer pursuant to Rules 13a-14(a) and 15d-14(a) promulgated under the Securities Exchange Act of 1934, as amended.
14 unchanged sentences
(4) Incorporated by reference to the Registrant’s Current Report on Form 8-K, filed with the SEC on November 21, 2018.
−Removed: (5) Incorporated by reference to the Registrant’s Current Report on Form 8-K, filed with the SEC on March 14, 2019.
(5) Incorporated by reference to the Registrant’s Registration Statement on Form S-1 (File No.
2 unchanged sentences
333-237074), as amended.
+Added: (7) Incorporated by reference to the Registrant’s Current Report on Form 8-K, filed with the SEC on April 14, 2023.
* This certification is deemed not filed for purpose of section 18 of the Exchange Act or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference into any filing under the Securities Act or the Exchange Act.
+Added: + Pursuant to Item 601(b)(10) of Regulation S-K, certain portions of this exhibit have been omitted (indicated by “[***]”) because the Company has determined that the information is both not material and is the type that the Company treats as private or confidential.
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.
BIONANO GENOMICS, INC.
−Removed: November 3, 2022
Erik Holmlin, Ph.D.
2 unchanged sentences
(Principal Executive Officer)
−Removed: November 3, 2022
/s/ Christopher Stewart
3 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.