Item 5. Other Information
ITEM 5. OTHER INFORMATION.
None.
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Table of Contents
ITEM 6. EXHIBITS.
The documents listed below are incorporated by reference or are filed with this Quarterly Report, in each case as indicated therein (numbered in accordance with Item 601 of Regulation S‑K).
Exhibit
Number
Description of Exhibit
2.1
Agreement and Plan of Merger, dated as of December 21, 2020, by and among ImmunityBio, Inc. (f/k/a NantKwest, Inc.), NantCell, Inc. (f/k/a ImmunityBio, Inc.) and Nectarine Merger Sub, Inc. (filed as Exhibit 2.1 to the company’s Current Report on Form 8-K filed with the SEC on December 22, 2020).
3.1
Certificate of Amendment of Amended and Restated Certificate of Incorporation of ImmunityBio, Inc. (f/k/a NantKwest, Inc.) dated March 9, 2021 (filed as Exhibit 3.1 to the company’s Form 8-K filed with the SEC on March 10, 2021).
3.2*
Amended and Restated Bylaws of ImmunityBio, Inc., effective as of March 10, 2021.
10.1*
First Amendment to Lease made and entered into as of May 28, 2021, but made effective as of April 1, 2021, by and between 605 Nash, LLC and ImmunityBio, Inc.
31.1*
Rule 13a-14(a) / 15(d)-14(a) Certification of Principal Executive Officer.
31.2*
Rule 13a-14(a) / 15(d)-14(a) Certification of Principal Financial Officer.
32.1**
Section 1350 Certification of Chief Executive Officer.
32.2**
Section 1350 Certification of Chief Financial Officer.
99.2
Combined Consolidated Financial Statements of ImmunityBio, Inc. as of December 31, 2020 and December 31, 2019 (including NantCell, Inc.) (filed as Exhibit 99.2 to the company’s Current Report on Form 8-K/A filed with the SEC on April 22, 2021).
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).
101.SCH
Inline XBRL Taxonomy Extension Schema Document.
101.CAL
Inline XBRL Taxonomy Extension Calculation Linkbase Document.
101.DEF
Inline XBRL Taxonomy Extension Definition Linkbase Document.
101.LAB
Inline XBRL Taxonomy Extension Labels Linkbase Document.
101.PRE
Inline XBRL Taxonomy Extension Presentation Linkbase Document.
104
Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101).
*
Filed herewith.
**
The certifications attached as Exhibits 32.1 and 32.2 that accompany this Quarterly Report on Form 10-Q are deemed furnished and not filed with the Securities and Exchange Commission and are not to be incorporated by reference into any filing of ImmunityBio, Inc. 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, irrespective of any general incorporation language contained in such filing.
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SIGNATURES
Pursuant to the requirements of the Securities Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
IMMUNITYBIO, INC.
Date: August 12, 2021
By:
/s/ Richard Adcock
Richard Adcock
Chief Executive Officer
(Principal Executive Officer)
Date: August 12, 2021
By:
/s/ David C. Sachs
David C. Sachs
Chief Financial Officer
(Principal Financial and Accounting Officer)
118
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.