1 unchanged sentence
Number Description
+Added: 2.1 Second Amendment to Agreement and Plan of Merger, dated July 15, 2023, by and among the Company, Starship Merger Sub I, Inc., Starship Merger Sub II, LLC, BioDiscovery, Inc.
+Added: and Soheil Shams.
3.1 Amended and Restated Certificate of Incorporation, as amended.
10 unchanged sentences
Form of Warrant to Purchase Common Stock issued to Investors in April 2020 Public Offering .
+Added: Form of Note, representing the Company’s Senior Secured Convertible Notes due 2025.
+Added: Form of Warrant to Purchase Common Stock issued to Purchaser in October 2023 Offering.
+Added: 10.1 Employment Agreement, effective as of September 11, 2023, by and between Gülsen Kama and the Company.
+Added: 10.2 Transition, Separation and Consulting Agreement dated as of August 11, 2023, by and between Christopher Stewart and the Company.
+Added: Securities Purchase Agreement, dated October 11, 2023, by and among the Company and the Purchaser named therein.
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.
19 unchanged sentences
(7) Incorporated by reference to the Registrant’s Current Report on Form 8-K, filed with the SEC on April 14, 2023.
+Added: (8) Incorporated by reference to the Registrant’s Current Report on Form 8-K, filed with the SEC on October 11, 2023.
+Added: (9) Incorporated by reference to the Registrant’s Registration Statement on Form S-3 (File No.
* 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.
−Removed: + 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.
+Added: ^ Certain schedules to this agreement have been omitted pursuant to Item 601(a)(5) of Regulation S-K.
+Added: The Company agrees to furnish a copy of all omitted schedules to the SEC upon its request.
+Added: Portions of this exhibit have been omitted pursuant to Item 601(b)(2)(ii) of Regulation S-K.
+Added: The Company agrees to furnish supplementally an unredacted copy of the Exhibits to the SEC upon its request.
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: August 9, 2023
+Added: November 8, 2023
Erik Holmlin, Ph.D.
2 unchanged sentences
(Principal Executive Officer)
−Removed: August 9, 2023
−Removed: /s/ Christopher Stewart
−Removed: Christopher Stewart
+Added: November 8, 2023
+Added: /s/ Gülsen Kama
Chief Financial Officer
1 unchanged sentence
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.