Fluent, Inc. 10-Q

Item 5. Other Information. Rule 10b5 - 1 Trading Plans During the fiscal quarter ended September 30, 2025 , none of the Company's directors or executive officers adopted or terminated any contract, instruction or written plan for the purchase or sale of Company securities that was intended to satisfy the affirmative defense conditions of Rule 10b5 - 1 (c) or any "non-Rule 10b5 - 1 trading arrangement." 41 Table of Contents Item 6. Exhibits. The following exhibits are filed as part of, or incorporated by reference into, this Quarterly Report on Form 10-Q. Incorporated by Reference Filed Exhibit No. Exhibit Description Form Exhibit Filing Date Herewith 3.1 Certificate of Domestication . 8-K 3.1 3/26/2015 3.2 Certificate of Incorporation. 8-K 3.2 3/26/2015 3.3 Certificate of Amendment to the Certificate of Incorporation. 8-K 3.1 9/26/2016 3.4 Certificate of Amendment to the Certificate of Incorporation. 8-K 3.1 4/16/2018 3.5 Certificate of Amendment to the Certificate of Incorporation of Fluent, Inc. effective April 11, 2024. 8-K 3.1 4/12/2024 3.6 Amended and Restated Bylaws. 8-K 3.2 2/19/2019 4.1 Form of Pre-Funded Warrant dated August 19, 2025 10-Q 4.3 8/19/2025 4.2 Form of Common Stock Warrant dated August 19, 2025 10-Q 4.4 8/19/2025 42 Table of Contents 10.1 Letter Agreement to Credit Agreement, dated as of July 30, 2025, by and among Fluent, LLC, Crystal Financial LLC d/b/a SLR Credit Solutions, and Crystal Financial SPV LLC 10-Q 10.4 8/19/2025 10.2 Letter Agreement to Credit Agreement, dated as of August 14, 2025, by and among Fluent, LLC, Crystal Financial LLC d/b/a SLR Credit Solutions, and Crystal Financial SPV LLC 10-Q 10.5 8/19/2025 10.3** Fifth Amendment to Credit Agreement, dated as of August 15, 2025, by and among Fluent, LLC, Fluent, Inc., the Guarantors, Crystal Financial LLC d/b/a SLR Credit Solutions, and Crystal Financial SPV LLC 10-Q 10.6 8/19/2025 10.4** Form of Securities Purchase Agreement, dated as of August 19, 2025 by and among Fluent, Inc. and the purchaser parties thereto 10-Q 10.7 8/19/2025 10.5 Form of Support Agreement, dated as of August 19, 2025 by and among Fluent, Inc. and the parties thereto 10-Q 10.8 8/19/2025 10.6** Form of Registration Rights Agreement, dated as of August 19, 2025 by and among Fluent, Inc. and the purchasers parties thereto 10-Q 10.9 8/19/2025 10.7+ Fluent, Inc. Equity Participation Plan 8-K 10.1 9/24/2025 10.8+ Form of Restricted Stock Unit Agreement 8-K 10.2 9/24/2025 31.1 Certification of Chief Executive Officer filed pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a) of the Securities and Exchange Act of 1934 as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. X 31.2 Certification of Chief Financial Officer filed pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a) of the Securities and Exchange Act of 1934 as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. X 32.1* Certification by Chief 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 by Chief 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) X 101.SCH Inline XBRL Taxonomy Extension Schema Document X 101.CAL Inline XBRL Taxonomy Extension Calculation Linkbase Document X 101.DEF Inline XBRL Taxonomy Extension Definition Linkbase Document X 101.LAB Inline XBRL Taxonomy Extension Label Linkbase Document X 101.PRE Inline XBRL Taxonomy Extension Presentation Linkbase Document X 104 Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) X * Furnished herewith. This certification is deemed not filed for purposes of Section 18 of the Exchange Act or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference into any filing under the Securities Act or the Exchange Act. ** Certain of the schedules to this exhibit have been omitted in accordance with Regulation S-K Item 601(a)(5). The Company hereby undertakes to furnish supplementally a copy of all omitted schedules to the SEC upon its request. + Management contract or compensatory plan or arrangement. 43 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. Fluent, Inc. November 14, 2025 By: /s/ Ryan Perfit Ryan Perfit Chief Financial Officer (Principal Financial and Accounting Officer) 44