Other Information.
+Added: During the three months ended September 30, 2023, no director or officer of the Company adopted or terminated a “Rule 10b5-1 trading arrangement” or “ non -Rule 10b5-1 trading arrangement,” as each term is defined in Item 408(a) of Regulation S-K.
Incorporated by Reference
Exhibit Description
+Added: Agreement and Plan of Merger, dated August 14, 2023, by and among Harmony Biosciences Holdings, Inc., Xylophone Acquisition Corp.
+Added: and Zynerba Pharmaceuticals, Inc.
+Added: September 14, 2023
Amended and Restated Certificate of Incorporation of Harmony Biosciences Holdings, Inc.
2 unchanged sentences
August 21, 2020
−Removed: Executive Employment Agreement dated April 24, 2023, between Harmony Biosciences, LLC and Jeffrey M.
−Removed: April 24, 2023
+Added: Restricted Stock Unit Award Agreement dated October 4, 2023 with Sandip Kapadia
+Added: October 5, 2023
+Added: Restricted Stock Unit Award Agreement dated October 4, 2023 with Jeffrey Dierks
+Added: October 5, 2023
+Added: Credit Agreement, dated as of July 26, 2023, by an among JPMorgan Chase Bank, N.A., as administrative agent, and the lenders from time to time party thereto .
+Added: July 27, 2023
+Added: Guaranty, dated July 26, 2023, by and among each of the subsidiaries of Harmony Biosciences Holdings, Inc.
+Added: and JPMorgan Chase Bank, N.A., as administrative agent .
+Added: July 27, 2023
+Added: Pledge and Security Agreement, dated July 26, 2023, by and among Harmony Biosciences Holdings, Inc.
+Added: and each of the subsidiaries of Harmony Biosciences Holdings, Inc., and JPMorgan Chase Bank, N.A., as administrative agent.
+Added: July 27, 2023
+Added: First Incremental Amendment dated September 21, 2023 by and among Harmony Biosciences Holdings, Inc., JPMorgan Chase Bank, N.A., as administrative agent, and Bank of America, N.A., as incremental lender .
+Added: September 25, 2023
Certification of Chief Executive Officer pursuant to Rules 13a-14(a) and 15d-14(a) of the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
4 unchanged sentences
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
−Removed: The following financial statements from the Company ’ s Quarterly Report on Form 10-Q for the fiscal quarter ended June 30, 2023 formatted in Inline XBRL:
+Added: The following financial statements from the Company ’ s Quarterly Report on Form 10-Q for the fiscal quarter ended September 30, 2023 formatted in Inline XBRL:
(i) Balance Sheets, (ii) Statements of Operations, (iii) Statements of Stockholders ’ Equity and (vi) Notes to Financial Statements, tagged as blocks of text and including detailed tags.
4 unchanged sentences
under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date of this Quarterly Report on Form 10-Q, irrespective of any general incorporation language contained in such filing.
−Removed: Certain portions of this document that constitute confidential information have been redacted in accordance with Regulation S-K, Item 601(b)(10).
+Added: Schedules have been omitted pursuant to Item 601(b)(2) of Regulation S-K.
+Added: The Company hereby undertakes to furnish supplemental copies of any of the omitted schedules upon request by the SEC;
+Added: provided, however, that the Company may request confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934 for any schedules so furnished.
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.
2 unchanged sentences
President, Chief Executive Officer and Director (principal executive officer)
−Removed: August 1, 2023
+Added: October 31, 2023
/s/ Sandip Kapadia
Sandip Kapadia
−Removed: Chief Financial Officer (principal financial officer)
−Removed: August 1, 2023
+Added: Chief Financial Officer and Chief Administrative Officer (principal financial officer)
+Added: October 31, 2023
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.