ELUTIA INC. 10-Q

Item 5. Other Information. During the three months ended June 30, 2023, none of our directors or officers (as defined in Rule 16a-1 under the Exchange Act) adopted or terminated any contract, instruction, or written plan for the purchase or sale of our securities that was intended to satisfy the affirmative defense conditions of Rule 10b5-1(c) or any "non-Rule 10b5-1 trading arrangement" (as defined in Item 408 of Regulation S-K). ​ 45 Table of Contents Item 6. Exhibits. Exhibit Number Description Form File No. Exhibit Filing Date Filed/ Furnished Herewith 3.1 ​ Restated Certificate of Incorporation of Aziyo Biologics, Inc. 8-K 001-39577 3.1 10/13/2020 ​ 3.2 ​ Amended and Restated Bylaws of Aziyo Biologics, Inc. 8-K 001-39577 3.2 10/13/2020 ​ 4.1 ​ Second Amended and Restated Investor Rights Agreement, dated as of March 14, 2020, among the Registrant and the investors named therein S-1 333-248788 4.1 09/14/2020 ​ 4.2 ​ Specimen stock certificate evidencing the shares of Class A common stock S-1 333-248788 4.2 09/14/2020 ​ 4.3 ​ Specimen stock certificate evidencing the shares of Class B common stock S-1/A 333-248788 4.3 09/30/2020 ​ ​ ​ ​ ​ ​ ​ ​ 4.4 ​ Warrant to Purchase Stock, issued on August 10, 2022, by Aziyo Biologics, Inc.to SWK Funding LLC . 8-K 001-39577 4.1 08/15/2022 ​ ​ 10.1† ​ Aziyo Biologics, Inc. Amended and Restated 2020 Incentive Award Plan Proxy Statement 001-39577 Annex A 04/27/2023 ​ ​ ​ ​ ​ ​ ​ ​ ​ 10.2 ​ Distribution Agreement by and between Aziyo Biologics, Inc. and LeMaitre Vascular, Inc. ​ ​ ​ ​ * ​ ​ ​ ​ ​ ​ ​ ​ 31.1 ​ 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. * ​ 31.2 ​ Certification of Principal Financial 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. * ​ 32.1 ​ Certification of Principal Executive Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. ** ​ 32.2 ​ Certification of Principal Financial Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. ** ​ 101.INS ​ Inline XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document. * ​ 101.SCH ​ Inline XBRL Taxonomy Extension Schema Document * ​ 46 Table of Contents 101.CAL ​ Inline XBRL Taxonomy Extension Calculation Linkbase Document * ​ 101.DEF ​ Inline XBRL Taxonomy Extension Definition Linkbase Document * ​ 101.LAB ​ Inline XBRL Taxonomy Extension Label Linkbase Document * ​ ​ ​ ​ ​ ​ ​ ​ ​ 101.PRE ​ Inline XBRL Taxonomy Extension Presentation Linkbase Document * ​ ​ ​ ​ ​ ​ ​ ​ 104 ​ Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) ​ ​ ​ ​ * * Filed herewith. ** Furnished herewith. ​ # Annexes, schedules and exhibits have been omitted pursuant to Item 601(a)(5)(b)(2) of Regulation S-K. The Registrant hereby agrees to furnish supplementally a copy of any omitted annex, schedule or exhibit to the SEC upon request. ​ † Denotes a management contract or compensation plan or arrangement. ​ ​ ​ ​ 47 Table of Contents SIGNATURES 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. ​ Date: August 14, 2023 By: /s/ C. Randal Mills ​ ​ C. Randal Mills ​ ​ President and Chief Executive Officer ​ ​ (principal executive officer) ​ Date: August 14, 2023 By: /s/ Matthew Ferguson ​ ​ Matthew Ferguson ​ ​ Chief Financial Officer ​ ​ (principal financial officer and principal accounting officer) ​ ​ ​ 48