2 unchanged sentences
Our management, under the supervision and with the participation of our Chief Executive Officer and our Chief Financial Officer, our principal executive and principal financial officers, respectively, conducted an evaluation of the effectiveness of the design and operation of our disclosure controls and procedures, as defined in Rules 13a-15(e) and 15d-15(e) under the Exchange Act of 1934, as amended, as of the end of the period covered by this Annual Report on Form 10-K.
−Removed: Based on this evaluation, our Chief Executive Officer and our Chief Financial Officer have concluded that our disclosure controls and procedures were effective (a) to ensure that information that we are required to disclose in reports that we file or submit under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in SEC rules and forms and (b) to include, without limitation, controls and procedures designed to ensure that information required to be disclosed by us in reports filed or submitted under the Exchange Act is accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer, as appropriate, to allow timely decisions regarding required disclosure.
+Added: Based on this evaluation, our Chief Executive Officer and our Chief Financial Officer have concluded that, as of December 31, 2021, our disclosure controls and procedures were effective (a) to ensure that information that we are required to disclose in reports that we file or submit under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in SEC rules and forms and (b) to include, without limitation, controls and procedures designed to ensure that information required to be disclosed by us in reports filed or submitted under the Exchange Act is accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer, as appropriate, to allow timely decisions regarding required disclosure.
Management’s Annual Report on Internal Control over Financial Reporting
15 unchanged sentences
Other Information.
+Added: Disclosure Regarding Foreign Jurisdictions that Prevent Inspections
+Added: Not applicable.
Certain information required by Part III is omitted from this annual report on Form 10‑K and is incorporated herein by reference to our definitive Proxy Statement for our 2022 Annual Meeting of Stockholders (“Proxy Statement”), which we intend to file pursuant to Regulation 14A of the Securities Exchange Act of 1934, as amended, within 120 days after December 31, 2021.
16 unchanged sentences
(1) Financial Statements.
−Removed: See Item 8 “Financial Statements and Supplemental Information” elsewhere in this Annual Report on Form 10-K.
+Added: See Item 8 “Financial Statements and Supplementary Data” elsewhere in this Annual Report on Form 10-K.
(2) Financial Statement Schedules.
16 unchanged sentences
Description of Securities
+Added: Registration Rights Agreement, dated February 18, 2021, by and between Evolus Inc.
+Added: and Medytox, Inc.
+Added: 10-Q 001-38381 4.1 5/12/21
Stock Purchase Agreement, dated as of September 30, 2014, by and between Strathspey Crown Holdings, LLC and ALPHAEON Corporation.
25 unchanged sentences
S-1/A 333-222478 10.11 1/25/18
−Removed: Services Agreement, dated as of January 23, 2018, by and between ALPHAEON Corporation and the Registrant.
−Removed: S-1/A 333-222478 10.12 1/25/18
Second Amendment to Stock Purchase Agreement, dated as of December 14, 2017, by and among SCH-AEON, LLC (f/k/a Strathspey Crown Holdings, LLC), ALPHAEON Corporation, the Registrant and J.
1 unchanged sentence
S-1 333-222478 10.20 1/9/18
−Removed: Tax Indemnity Agreement, dated as of December 14, 2017, by and among the Registrant, J.
−Removed: Christopher Marmo, as the Contributors’ Representative and each of the individuals listed on the signature pages thereto.
−Removed: S-1 333-222478 10.21 1/9/18
−Removed: Therapeutic Option Letter Agreement, dated December 18, 2017, by and between ALPHAEON Corporation and the Registrant.
−Removed: S-1 333-222478 10.23 1/9/18
Employment Agreement, dated as of May 6, 2018, by and between David Moatazedi and the Registrant.
4 unchanged sentences
10-K 001-38381 10.31 3/20/19
+Added: Employment Agreement, dated February 25, 2021, by and between Crystal Muilenburg and the Registrant.
Lease, dated as of May 15, 2019, between the Registrant and 520 Newport Center Drive LLC
8-K 001-38381 10.1 5/21/19
+Added: Sales Agreement, dated March 26, 2021, by and between Evolus, Inc.
+Added: and SVB Leerink LLC as Sales Agent.
+Added: 8-K 001-38381 1.1 5/26/21
+Added: Settlement and License Agreement, dated February 18, 2021, by and among Evolus, Inc., Allergan Limited, Allergan, Inc., Allergan Pharmaceuticals Ireland and Medytox, Inc.
+Added: 10-Q 001-38381 10.2 5/12/21
+Added: Settlement and License Agreement, dated February 18, 2021, by and between Evolus, Inc.
+Added: and Medytox, Inc.
+Added: 10-Q 001-38381 10.3 5/12/21
+Added: Share Issuance Agreement, dated February 18, 2021, by and between Evolus Inc.
+Added: and Medytox, Inc .
+Added: 10-Q 001-38381 10.4 5/12/21
+Added: Confidential Settlement and Release Agreement, dated March 23, 2021, by and between Evolus, Inc.
+Added: and Daewoong Pharmaceutical Co.
+Added: 10-Q 001-38381 10.5 5/12/21
+Added: Convertible Promissory Note Conversion Agreement, dated March 23, 2021, by and between Evolus, Inc.
+Added: and Daewoong Pharmaceutical Co.
+Added: 10-Q 001-38381 10.6 5/12/21
+Added: Third Amendment to Supply Agreement, dated March 23, 2021, by and between Evolus, Inc.
+Added: and Daewoong Pharmaceutical Co.
+Added: 10-Q 001-38381 10.7 5/12/21
+Added: Loan Agreement, dated as of December 14, 2021, by and among Evolus, Inc.
+Added: (as Borrower and a Credit Party), BioPharma Credit PLC (as Collateral Agent), BPCR Limited Partnership (as a Lender), and BioPharma Credit Investments V (Master) LP (as a Lender).
+Added: 8-K 001-38381 10.1 12/14/21
List of Subsidiaries.
−Removed: S-1 333-222478 21.1 1/9/18
−Removed: Consent of Ernst & Young LLP, independent registered public accounting firm.
+Added: Consent of independent registered public accounting firm.
Power of Attorney (included on signature page).
5 unchanged sentences
101.SCH* Inline XBRL Taxonomy Extension Schema Document.
−Removed: 101.CAL* Inline XBRL Taxonomy Extension Calculation Linkbase Document.
101.DEF* Inline XBRL Taxonomy Extension Definition Linkbase Document.
40 unchanged sentences
Karah Parschauer
+Added: /s/ Brady Stewart Director March 3, 2022
+Added: Brady Stewart
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.