Item 5. Other Information
Item 5. Other Information
On April 24, 2021, Patrick McClymont, the Company’s Chief Financial Officer, notified the Company that he would be resigning his position effective May 14, 2021, to pursue other career and personal interests. Joseph Sparacio, Mr. McClymont’s immediate predecessor as Chief Financial Officer, has agreed to serve as the Company’s interim Chief Financial Officer, reporting to Richard L. Gelfond, the Company’s CEO, beginning on June 1, 2021, until the sooner of December 31, 2021 or when a permanent replacement is named. The terms of Mr. Sparacio’s compensation have not yet been finalized.
Item 6. Exhibits
Exhibit
No.
Description
3.1
Amended and Restated By-Law No. 1 of IMAX Corporation, enacted on March 4, 2021. Incorporated by reference to Exhibit 3.2 to IMAX Corporation’s Form 10-K filed on March 4, 2021 (File No. 001-35066).
4.1
Indenture, dated as of March 19, 2021, between IMAX Corporation and U.S. Bank National Association. Incorporated by reference to Exhibit 4.1 to IMAX Corporation’s Form 8-K dated as of March 15, 2021 (File No. 001-35066).
4.2
Form of 0.500% Convertible Senior Notes due April 1, 2026 (included as Exhibit A to Exhibit 4.1). Incorporated by reference to Exhibit 4.2 to IMAX Corporation’s Form 8-K dated as of March 15, 2021 (File No. 001-35066).
10.1
Base Call Option Confirmation, dated as of March 16, 2021 between IMAX Corporation and Wells Fargo Bank, National Association. Incorporated by reference to Exhibit 10.1 to IMAX Corporation’s Form 8-K dated as of March 15, 2021 (File No. 001-35066).
10.2
Base Call Option Confirmation, dated as of March 16, 2021 between IMAX Corporation and Mizuho Markets Americas LLC. Incorporated by reference to Exhibit 10.2 to IMAX Corporation’s Form 8-K dated as of March 15, 2021 (File No. 001-35066).
10.3
Base Call Option Confirmation, dated as of March 16, 2021 between IMAX Corporation and JPMorgan Chase Bank, National Association. Incorporated by reference to Exhibit 10.3 to IMAX Corporation’s Form 8-K dated as of March 15, 2021 (File No. 001-35066).
10.4
Base Call Option Confirmation, dated as of March 16, 2021 between IMAX Corporation and HSBC Bank USA, National Association. Incorporated by reference to Exhibit 10.4 to IMAX Corporation’s Form 8-K dated as of March 15, 2021 (File No. 001-35066).
10.5
Additional Call Option Confirmation, dated as of March 18, 2021 between IMAX Corporation and Wells Fargo Bank, National Association. Incorporated by reference to Exhibit 10.5 to IMAX Corporation’s Form 8-K dated as of March 15, 2021 (File No. 001-35066).
10.6
Additional Call Option Confirmation, dated as of March 18, 2021 between IMAX Corporation and Mizuho Markets Americas LLC. Incorporated by reference to Exhibit 10.6 to IMAX Corporation’s Form 8-K dated as of March 15, 2021 (File No. 001-35066).
10.7
Additional Call Option Confirmation, dated as of March 18, 2021 between IMAX Corporation and JPMorgan Chase Bank, National Association. Incorporated by reference to Exhibit 10.7 to IMAX Corporation’s Form 8-K dated as of March 15, 2021 (File No. 001-35066).
10.8
Additional Call Option Confirmation, dated as of March 18, 2021 between IMAX Corporation and HSBC Bank USA, National Association. Incorporated by reference to Exhibit 10.8 to IMAX Corporation’s Form 8-K dated as of March 15, 2021 (File No. 001-35066).
10.9
Second Amendment to the Fifth Amended and Restated Credit Agreement entered into on March 15, 2021. Incorporated by reference to Exhibit 10.9 to IMAX Corporation’s Form 8-K dated as of March 15, 2021 (File No. 001-35066).
10.10*+
Services Agreement Amendment, dated March 30, 2021, between IMAX Corporation and Bradley J. Wechsler.
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10.11*+
Form of IMAX Corporation Second Amended and Restated Long-Term Incentive Plan Restricted Stock Unit Award Agreement.
10.12*+
Form of IMAX Corporation Second Amended and Restated Long-Term Incentive Plan Performance Stock Unit Award Agreement.
10.13+
Statement of Directors’ Compensation, dated January 12, 2021. Incorporated by reference to Exhibit 10.43 to IMAX Corporation’s Form 10-K filed on March 4, 2021 (File No. 001-35066).
31.1*
Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, dated April 29, 2021, by Richard L. Gelfond.
31.2*
Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, dated April 29, 2021, by Patrick McClymont.
32.1*
Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, dated April 29, 2021, by Richard L. Gelfond.
32.2*
Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, dated April 29, 2021, by Patrick McClymont.
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 Label 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.
+Management contract or compensatory plan, contract or arrangement.
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SIGNATURES
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.
IMAX CORPORATION
Date: April 29, 2021
By:
/s/ PATRICK MCCLYMONT
Patrick McClymont
Executive Vice-President & Chief Financial Officer
(Principal Financial Officer)
Date: April 29, 2021
By:
/s/ KEVIN M. DELANEY
Kevin M. Delaney
Senior Vice-President, Finance & Controller
(Principal Accounting Officer)
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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.