3 unchanged sentences
Based upon that evaluation, our Chief Executive Officer and Chief Financial Officer concluded that, as of the end of the period covered by this Annual Report on Form 10-K, our disclosure controls and procedures were effective to provide reasonable assurance that information required to be disclosed by us in the reports that we file or submit under the Exchange Act is recorded, processed, summarized and reported, within the time periods specified in the SEC’s rules and forms and to provide reasonable assurance that such information is accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer.
−Removed: Exemption from Management's Report on Internal Control Over Financial Reporting
−Removed: This annual report on Form 10-K does not include a report of management's assessment regarding internal control over financial reporting or an attestation report of our independent registered public accounting firm due to a transition period established by rules of the SEC for newly public companies.
−Removed: Changes in Internal Control over Financial Reporting
−Removed: There were no changes in our internal control over financial reporting identified in connection with the evaluation required by Rule 13a-15(d) and 15d-15(d) of the Exchange Act that occurred during the three months ended December 31, 2021 that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.
Inherent Limitations on Effectiveness of Controls
8 unchanged sentences
Because of the inherent limitations in a cost-effective control system, misstatements due to error or fraud may occur and not be detected.
+Added: Management’s Report on Internal Controls Over Financial Reporting
+Added: Our management is responsible for establishing and maintaining adequate internal control over financial reporting, as defined in Rule 13a-15(f) and 15d-15(f) under the Exchange Act.
+Added: Our management conducted an assessment of the effectiveness of our internal control over financial reporting as of December 31, 2022 based on the criteria set forth in Internal Control-Integrated Framework (2013) issued by the Committee of Sponsoring Organizations of the Treadway Commission.
+Added: Based on the assessment, our management has concluded that its internal control over financial reporting was effective as of December 31, 2022 to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements in accordance with GAAP.
+Added: Our independent registered public accounting firm, BDO USA, LLP, has issued an audit report with respect to the effectiveness of our internal control over financial reporting as of December 31, 2022, which appears in Part II, Item 8 of this Annual Report on Form 10-K.
+Added: Changes in Internal Control over Financial Reporting
+Added: There were no changes in our internal control over financial reporting during the fourth quarter of 2022, which were identified in connection with management’s evaluation required by Rule 13a-15(d) and 15d-15(d) of the Exchange Act that has materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.
Other Information
32 unchanged sentences
4.1 Description of Capital Stock
+Added: 10-K 001-40257 4.1 March 9, 2022
10.1+ Form of Indemnification Agreement between the registrant and each of its directors and executive officers
2 unchanged sentences
S-1/A 333-253134 10.2+ March 16, 2021
−Removed: 10.3+ F orm of In centive Unit Award
+Added: 10.3+ Form of Incentive Unit Award
S-1/A 333-253134 10.3+ March 16, 2021
20 unchanged sentences
S-1/A 333-253134 10.12+ March 16, 2021
−Removed: 10.13+ Confirmatory Employment Letter between the registrant and Gregory Rowberry , dated as of March 13, 2021.
−Removed: S-1/A 333-253134 10.13+ March 16, 2021
+Added: 10.13+ Confirmatory Employment Letter between the registrant and Kimball Shill dated as of April 4, 2022
+Added: 10-Q 001-40257 10.1+ May 11, 2022
+Added: 10.14+ Separation Agreement and Release between the Company and Martin F.
+Added: Petersen dated as of September 30, 2022.
+Added: 10-Q 001-40257 10.2*+ November 9, 2022
10.15 Office Lease, dated as of November 20, 2014, between the registrant and Riverpark Five, LLC.
7 unchanged sentences
10.19 Fourth Amendment to Office Lease, dated as of December 13, 2021, between the registrant and Riverpark Five, LLC.
−Removed: 10.19 Credit Agreement dated as of September 4, 2020, among the registrant, the other loan parties party thereto, the lenders party thereto and JPMorgan Chase Bank, N.A., Citibank, N.A.
−Removed: and Origin Bank.
−Removed: S-1/A 333-253134 10.18 March 16, 2021
+Added: 10-K 001-40257 10.18 March 9, 2022
+Added: 10.20 Credit Agreement, dated August 4, 2022, by and among the Company, JPMorgan Chase Bank, N.A, as Administrative Agent, and other lenders party thereto.
+Added: 10-Q 001-40257 10.1* August 10, 2022
10.21 Supply Agreement between the registrant and Xiamen Intretech, Inc., dated August 19, 2018.
31 unchanged sentences
( Principal Executive Officer )
−Removed: KNOW ALL PERSONS BY THESE PRESENTS, that each person whose signature appears below hereby constitutes and appoints Ashish Arora and Martin F.
−Removed: Petersen and each of them, as his or her true and lawful attorneys-in-fact, proxies, and agents, each with full power of substitution, for him or her in any and all capacities, to sign any and all amendments to this Annual Report on Form 10-K, and to file the same, with all exhibits thereto and other documents in connection therewith, with the Securities and Exchange Commission, granting unto said attorneys-in-fact, proxies, and agents full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection therewith, as fully for all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact, proxies, and agents, or their or his or her substitute or substitutes, may lawfully do or cause to be done by virtue hereof.
+Added: KNOW ALL PERSONS BY THESE PRESENTS, that each person whose signature appears below hereby constitutes and appoints Ashish Arora and Kimball Shill and each of them, as his or her true and lawful attorneys-in-fact, proxies, and agents, each with full power of substitution, for him or her in any and all capacities, to sign any and all amendments to this Annual Report on Form 10-K, and to file the same, with all exhibits thereto and other documents in connection therewith, with the Securities and Exchange Commission, granting unto said attorneys-in-fact, proxies, and agents full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection therewith, as fully for all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact, proxies, and agents, or their or his or her substitute or substitutes, may lawfully do or cause to be done by virtue hereof.
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.
4 unchanged sentences
March 13, 2023 By:
−Removed: /s/ Martin F.
+Added: /s/ Kimball Shill
+Added: Kimball Shill
Chief Financial Officer
23 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.