Item 5. Other Information
ITEM 5. OTHER INFORMATION
None
35
ITEM
6. EXHIBITS .
Exhibit
Description
1.1**
Form of Underwriting Agreement
3.1**
Articles of Incorporation of BranchOut Food Inc.
3.2**
Bylaws of BranchOut Food Inc.
3.3**
Certificate of Amendment to Articles of Incorporation
4.1**
Form of Common Stock Certificate
4.2**
Form of Representative’s Warrant
4.3**
Form of Common Stock Warrant (issued to certain of the Selling Stockholders)
10.1**†
Form of Indemnification Agreement
10.2**†
2022 Equity Incentive Plan of BranchOut Food Inc.
10.3**
Form of Senior Secured Note issued to bridge loan investors
10.4**
Form of Security Agreement issued to bridge loan investors
10.5**†
Executive Employment Agreement between Eric Healy and BranchOut Food Inc. dated December 6, 2022
10.6**†
Executive Employment Agreement between Douglas Durst and BranchOut Food Inc. dated November 22, 2021
10.7**£
Contract Manufacturing Agreement between BranchOut Food Inc. and NXTDried Superfoods SAC dated January 14, 2022
10.8**£
Manufacturing and Distributorship Agreement (“MDA”) between BranchOut Food Inc. and Natural Nutrition SpA, a Chilean company (“Nanuva”) dated February 4, 2021
10.9**£
License Agreement between BranchOut Food, Inc. and EnWave Corporation dated May 7, 2021, together with amendments thereto dated October 26, 2022 and February 21, 2023
10.10**
Form of Convertible Note Subscription Agreement and Form of Convertible Note
10.11**
Loan Agreement dated March 15, 2023 between BranchOut Food, Inc. as Borrower, and The John & Kristen Hinman Trust Dated February 23, 2016, as Lender
21.1**
Subsidiaries of BranchOut Food Inc.
31.1*
Certification of Chief Executive Officer pursuant to Securities Exchange Act of 1934 Rule 13a-14(a) or 15d-14(a)
31.2*
Certification of Chief Financial Officer pursuant to Securities Exchange Act of 1934 Rule 13a-14(a) or 15d-14(a)
32.1*
Certification of Chief Executive Officer pursuant to Securities Exchange Act of 1934 Rule 13a-14(b) or 15d-14(b) and 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
32.2*
Certification of Chief Financial Officer pursuant to Securities Exchange Act of 1934 Rule 13a-14(b) or 15d-14(b) and 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
101.INS*
XBRL
Instance Document
101.SCH*
XBRL
Schema Document
101.CAL*
XBRL
Calculation Linkbase Document
101.DEF*
XBRL
Definition Linkbase Document
101.LAB*
XBRL
Labels Linkbase Document
101.PRE*
XBRL
Presentation Linkbase Document
104*
Cover
Page Interactive Data File (embedded within the Inline XBRL document)
*
Filed
herewith
**
Previously
filed
†
Indicates
management contract or compensatory plan or arrangement
£
Portions
of this exhibit have been redacted pursuant to Item 601(b)(10)(iv) of Regulation S-K
36
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the registration has duly caused this report to be signed on
its behalf by the undersigned thereunto duly authorized.
Signature
Title
Date
/s/
Eric Healy
Chief
Executive Officer
August
21, 2023
Eric Healy
(Principal
Executive Officer)
/s/
Christopher Coulter
Chief
Financial Officer
August
21, 2023
Christopher Coulter
(Principal
Accounting and Financial Officer)
37
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.