8 unchanged sentences
Incorporated by reference to the Current Report on Form 8-K filed on January 3, 2019 as Exhibit 3.1 thereto.
−Removed: Certificate of Designations of Rights and Preferences of Series C Convertible Redeemable Preferred Stock, dated February 27, 2019.
−Removed: Incorporated herein by reference to the Current Report on Form 8-K filed on February 28, 2019 as Exhibit 3.1 thereto.
Certificate of Amendment to Certificate of Incorporation (1-for-20 Reverse Stock Split of Common Stock), dated March 14, 2019.
Incorporated herein by reference to the Current Report on Form 8-K filed on March 14, 2019 as Exhibit 3.1 thereto.
−Removed: Form of Amended & Restated Certificate of Designations of Rights and Preferences of Series C Convertible Preferred Stock.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on February 25, 2020 as Exhibit 3.1 thereto.
−Removed: Bylaws effective as of August 13, 2020.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on August 14, 2020 as Exhibit 3.1 thereto.
+Added: Certificate of Elimination of the Series C convertible redeemable preferred stock of Ault Alliance, Inc.
+Added: Incorporated herein by reference to the Current Report on Form 8-K filed on January 27, 2023 as Exhibit 3.1 thereto.
Certificate of Ownership and Merger.
Incorporated by reference to the Current Report on Form 8-K filed on January 19, 2021 as Exhibit 3.1 thereto.
−Removed: Amended and Restated Bylaws of BitNile Holdings, Inc., effective as of November 2, 2021.
+Added: Amended and Restated Bylaws, effective as of November 2, 2021.
Incorporated by reference to the Current Report on Form 8-K filed on November 3, 2021 as Exhibit 3.1 thereto.
7 unchanged sentences
Incorporated by reference to the Current Report on Form 8-K filed on June 17, 2022 as Exhibit 3.1 thereto.
−Removed: Form of Note Purchase Agreement.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on A ugust 11 , 2022 as Exhibit 10.1 thereto.
−Removed: Form of Note .
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on A ugust 11 , 2022 as Exhibit 4.1 thereto.
−Removed: Form of Security Agreement.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on A ugust 11 , 2022 as Exhibit 10.2 thereto.
−Removed: Form of Subsidiary Guaranty .
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on A ugust 11 , 2022 as Exhibit 10.3 thereto.
−Removed: Form of Parent Guaranty .
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on A ugust 11 , 2022 as Exhibit 10.4 thereto.
−Removed: Form of Master Agreement.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on A ugust 16 , 2022 as Exhibit 10.1 thereto.
−Removed: Form of Order Form .
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on A ugust 16 , 2022 as Exhibit 10.2 thereto.
−Removed: Form of Note Purchase Agreement, dated November 18, 2022.
−Removed: Form of Note issued November 18, 2022.
−Removed: Form of Security Agreement, dated November 18, 2022.
+Added: Certificate of Designation of Series E Convertible Preferred Stock.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on March 30, 2023 as Exhibit 3.1 thereto.
+Added: Certificate of Designation of Series F Convertible Preferred Stock.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on March 30, 2023 as Exhibit 3.2 thereto.
+Added: Certificate of Designation of Series G Convertible Preferred Stock.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on March 30, 2023 as Exhibit 3.3 thereto.
+Added: Certificate of Amendment to Certificate of Incorporation (1-for-300 Reverse Stock Split of Common Stock), dated May 15, 2023.
+Added: Incorporated herein by reference to the Current Report on Form 8-K filed on May 16, 2023 as Exhibit 3.1 thereto.
+Added: Form of Share Exchange Agreement, entered into February 8, 2023.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on February 10, 2023 as Exhibit 10.1 thereto.
+Added: Form of Series B Preferred Stock Certificate of Designations.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on February 10, 2023 as Exhibit 10.2 thereto.
+Added: Form of Series C Preferred Stock Certificate of Designations.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on February 10, 2023 as Exhibit 10.3 thereto.
+Added: Form of Securities Purchase Agreement among the registrant and the Investors, dated March 28, 2023.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on March 30, 2023 as Exhibit 10.1 thereto.
+Added: Form of Side Letter among the registrant and the Investors, dated March 28, 2023.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on March 30, 2023 as Exhibit 10.2 thereto.
+Added: Form of amendment #1 to senior secured promissory note.
+Added: Form of amendment #1 to senior secured promissory note.
+Added: Form of amendment #2 to senior secured promissory note.
Certification of Chief Executive Officer required by Rule 13a-14(a) or Rule 15d-14(a).
9 unchanged sentences
Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101).
−Removed: _________________
* Filed herewith.
2 unchanged sentences
the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
−Removed: November 21, 2022
−Removed: BITNILE HOLDINGS, INC.
+Added: AULT ALLIANCE, INC.
/s/ William B.
5 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.