Other Information.
+Added: On November 10, 2022, the Company entered into an amendment to the SWK Loan Facility Agreement that further extended the minimum liquidity step-up date of November 10, 2022 to November 21, 2022.
+Added: As amended, the Company is required to maintain a minimum liquidity of $5.0 million until November 21, 2022 and thereafter, the greater of (i) $5.0 million or (ii) the sum of the Operating Burn (as defined in the SWK Loan Facility Agreement) for the two prior, consecutive fiscal quarters then ended.
Filed/ Furnished Herewith
5 unchanged sentences
Warrant to Purchase Stock, issued on August 10, 2022, by Aziyo Biologics, Inc.to SWK Funding LLC.
−Removed: Separation and Release of Claims Agreement, dated June 21, 2022, by and between Ronald Lloyd and Aziyo Biologics, Inc.
−Removed: Employment Agreement, dated June 21, 2022, by and between C.
−Removed: Randal Mills, Ph.D.
−Removed: and Aziyo Biologics, Inc.
Credit Agreement, dated as of August 10, 2022, between Aziyo Biologics, Inc.
−Removed: and the subsidiaries of the Company, with the financial institutions party thereto from time to time as lenders and SWK Funding LLC, as agent.
+Added: and SWK Funding LLC, as Agent and the Lenders from time to time party thereto
+Added: Amendment Letter, dated as of October 9, 2022 to Credit Agreement, dated as of August 10, 2022, between Aziyo Biologics, Inc.
+Added: and SWK Funding LLC, as Agent and the Lenders from time to time party thereto
+Added: Amendment Letter, dated as of November 10, 2022 to Credit Agreement, dated as of August 10, 2022, between Aziyo Biologics, Inc.
+Added: and SWK Funding LLC, as Agent and the Lenders from time to time party thereto (as amended by the Amendment Letter dated as of October 9, 2022)
+Added: Form of Restricted Stock Unit Award Agreement (approved August 2022)
Certification of Principal Executive Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
13 unchanged sentences
** Furnished herewith.
+Added: # Annexes, schedules and exhibits have been omitted pursuant to Item 601(a)(5)(b)(2) of Regulation S-K.
+Added: The Registrant hereby agrees to furnish supplementally a copy of any omitted annex, schedule or exhibit to the SEC upon 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.
AZIYO BIOLOGICS, INC.
−Removed: August 15, 2022
+Added: November 14, 2022
President and Chief Executive Officer
(principal executive officer)
−Removed: August 15, 2022
+Added: November 14, 2022
/s/ Matthew Ferguson
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.