1 unchanged sentence
Securities Trading Plans of Directors and Executive Officers
−Removed: During the three months ended March 31, 2024, none of our directors or officers, or the Company, 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) promulgated under the Exchange Act or any “non-Rule 10b5-1 trading arrangement.”
+Added: During the six months ended June 30, 2024, none of our directors or officers, or the Company, 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) promulgated under the Exchange Act or any “non-Rule 10b5-1 trading arrangement.”
Incorporated by Reference from Filings as Noted Below (Unless
7 unchanged sentences
February 7, 2022
−Removed: Letter Agreement, by and between Eyenovia, Inc.
−Removed: and Bausch + Lomb Ireland Limited , dated January 12, 2024.
−Removed: Filed herewith
−Removed: Form of Securities Purchase Agreement, dated April 8, 2024
−Removed: April 8, 2024
+Added: Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation
+Added: June 14, 2024
+Added: Form of Warrant
+Added: Form of Securities Purchase Agreement, dated June 27, 2024
+Added: Warrant Amendment Agreement, dated June 27, 2024
+Added: Warrant Amendment Agreement, dated June 28, 2024
Certification of the Principal Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
20 unchanged sentences
Filed herewith
−Removed: † Certain confidential information contained in this exhibit, marked by brackets and asterisks, has been omitted pursuant to Item 601(b)(10)(iv) of Regulation S-K because the information (i) is not material and (ii) is the type of information that the Company both customarily and actually treats as private and confidential.
This certification is deemed not filed for purpose of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference into any filing under the Securities Act of 1933.
1 unchanged sentence
EYENOVIA, INC.
+Added: August 14, 2024
/s/ John Gandolfo
3 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.