1 unchanged sentence
Securities Trading Plans of Directors and Executive Officers
−Removed: During the three months ended March 31, 2025, 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, 2025, 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
9 unchanged sentences
January 31, 2025
+Added: Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation
+Added: Certificate of Designation of Series A Non-Voting Convertible Preferred Stock
+Added: June 24, 2025
Second Amended and Restated Bylaws
February 7, 2022
−Removed: Form of Series A Warrant Issued on January 17, 2025
−Removed: January 16, 2025
−Removed: Form of Series B Warrant Issued on January 17, 2025
−Removed: January 16, 2025
−Removed: Inducement Letter, dated January 16, 2025
−Removed: April 15, 2025
−Removed: Second Amendment to Supplement to Loan and Security Agreement, dated as of February 21, 2025, by and among the Company, Avenue Capital Management II, L.P., Avenue Venture Opportunities Fund, L.P.
+Added: Form of Purchaser Warrant, dated June 17, 2025
+Added: June 24, 2025
+Added: Form of Placement Agent Warrant, dated June 17, 2025
+Added: June 24, 2025
+Added: Form of Lender Warrant, dated June 17, 2025
+Added: June 24, 2025
+Added: Third Amendment to Supplement to Loan and Security Agreement, dated as of May 30, 2025, by and among Eyenovia, Inc., Avenue Capital Management II, L.P., Avenue Venture Opportunities Fund, L.P.
and Avenue Venture Opportunities Fund II, L.P.
−Removed: February 24, 2025
+Added: Fourth Amendment to Supplement to Loan and Security Agreement, dated as of June 17, 2025, by and among Eyenovia, Inc., Avenue Capital Management II, L.P., Avenue Venture Opportunities Fund, L.P.
+Added: and Avenue Venture Opportunities Fund II, L.P.
+Added: June 24, 2025
+Added: Form of Securities Purchase Agreement, dated June 17, 2025
+Added: June 24, 2025
+Added: Form of Registration Rights Agreement, dated June 17, 2025
+Added: June 24, 2025
+Added: Executive Employment Agreement by and between Eyenovia, Inc.
+Added: and Hyunsu Jung, dated June 17, 2025
+Added: June 24, 2025
+Added: Amended and Restated Employment Agreement by and between Eyenovia, Inc.
+Added: and Michael Rowe, dated as of June 17, 2025
+Added: June 24, 2025
+Added: Separation and Release Agreement by and between the Company and Bren Kern, dated July 1, 2025
+Added: Amended and Restated Non-Employee Director Compensation Policy
+Added: Filed herewith
Certification of the Principal Executive Officer and Principal Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
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Filed herewith
−Removed: nline XBRL Taxonomy Extension Definition Linkbase Document
+Added: Inline XBRL Taxonomy Extension Definition Linkbase Document
Filed herewith
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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.
+Added: Certain information in this Exhibit was omitted by means of marking such information with brackets (“[***]”) because the identified information (i) is not material and (ii) is the type of information that the Company treats as private or confidential.
+Added: Management contract or other compensatory plan.
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.
−Removed: EYENOVIA, INC.
+Added: HYPERION DEFI, INC.
+Added: August 13, 2025
/s/ Michael Rowe
2 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.