5 unchanged sentences
Based upon this evaluation, our chief executive officer and chief financial officer have concluded that our disclosure controls and procedures were effective at a reasonable assurance level as of June 30, 2022.
−Removed: Management’s Report on Internal Control over Financial Reporting
+Added: Report of Management on Internal Control Over Financial Reporting
Pursuant to Section 404 of the Sarbanes-Oxley Act of 2002, the Company included a report of management's assessment of the effectiveness of its internal control over financial reporting as part of this Annual Report on Form 10-K for the fiscal year ended June 30, 2022.
3 unchanged sentences
Changes in Internal Control Over Financial Reporting
−Removed: During the quarter ended December 31, 2020, we completed the acquisition of Maverick Boat Group.
−Removed: Prior to the acquisition, Maverick Boat Group was a privately-held company and was not subject to the Sarbanes-Oxley Act of 2002, the rules and regulations of the SEC, or other corporate governance requirements applicable to public reporting companies.
−Removed: As part of our ongoing integration activities, we are continuing to incorporate our controls and procedures into Maverick Boat Group and to augment our company-wide controls to reflect the risks that may be inherent in acquisitions of privately-held companies.
−Removed: Other than our integration of Maverick Boat Group, there have been no changes in our internal control over financial reporting during the fourth quarter ended June 30, 2021 that have materially affected, or are reasonably likely to materially affect, our internal control over financial reporting.
+Added: There have been no changes in our internal control over financial reporting during the fourth quarter ended June 30, 2022 that have materially affected, or are reasonably likely to materially affect, our internal control over financial reporting.
Other Information
14 unchanged sentences
Principal Accountant Fees and Services
+Added: Our independent registered public accounting firm is KPMG LLP , Knoxville, TN , Auditor Firm ID:
The information required by this Item 14 will be included in the Proxy Statement and is incorporated herein by reference.
27 unchanged sentences
Tax Receivable Agreement, dated as of February 5, 2014, by and among Malibu Boats, Inc., Malibu Boats Holdings, LLC and the Other Members of Malibu Boats Holdings, LLC 3
−Removed: Second Amended and Restated Credit Agreement, dated June 28, 2017, by and among Malibu Boats, LLC, Malibu Boats Holdings, LLC, the other guarantors party thereto, the lenders party thereto, and SunTrust Bank, as administrative agent, as issuing bank and as swingline lender 1
−Removed: Second Amended and Restated Security Agreement, dated June 28, 2017, by and among Malibu Boats, LLC, Malibu Boats Holdings, LLC, the other debtors party thereto, and SunTrust Bank, as administrative agent 1
−Removed: First Incremental Facility Amendment and First Amendment dated August 21, 2018 to the Second Amended and Restated Credit Agreement, by and among Malibu Boats, LLC, Malibu Boats Holdings, LLC, the other guarantors party thereto, the lenders party thereto, and SunTrust Bank, as administrative agent, as issuing bank and as swingline lender 9
−Removed: Second Incremental Facility Amendment and Second Amendment, dated May 14, 2019, by and among Malibu Boats, LLC, Malibu Boats Holdings, LLC, the other guarantors party thereto, the lenders party thereto, and SunTrust Bank, as administrative agent, swingline lender and issuing bank 10
−Removed: Third Incremental Facility Amendment and Third Amendment dated as of December 30, 2020 to the Credit Agreement by and among Malibu Boats, LLC, Malibu Boats Holdings, LLC, the other guarantors party thereto, the lenders party thereto and Truist Bank (successor by merger to SunTrust Bank), as administrative agent, swingline lender and issuing bank.
+Added: Third Amended and Restated Credit Agreement, dated July 8, 2022, by and among Malibu Boats, LLC, Malibu Boats Holdings, LLC, the other guarantors party thereto, the lenders party thereto, and Truist Bank, as administrative agent, as issuing bank and as swingline lender 1
+Added: Third Amended and Restated Security Agreement, dated July 8, 2022, by and among Malibu Boats, LLC, Malibu Boats Holdings, LLC, the other debtors party thereto, and Truist Bank, as administrative agent 1
Engine Supply Agreement dated November 14, 2016 between Malibu Boats, LLC and General Motors LLC 7
30 unchanged sentences
(1) Filed as an exhibit to the Company's Current Report on Form 8-K (File No.
−Removed: 001-36290) filed on June 29, 2017.
+Added: 001-36290) filed on July 12, 2022.
(2) Filed as an exhibit to Amendment No.
13 unchanged sentences
001-36290) filed on September 8, 2017.
−Removed: (9) Filed as an exhibit to the Company's Current Report on Form 8-K (File No.
−Removed: 001-36290) filed on August 22, 2018.
−Removed: (10) Filed as an exhibit to the Company's Current Report on Form 8-K (File No.
−Removed: 001-36290) filed on May 15, 2019.
(9) Filed as an exhibit to the Company’s Quarterly Report on Form 10-Q (File No.
2 unchanged sentences
001-36290) filed on January 5, 2021.
+Added: (11) Filed as an exhibit to the Company's Annual Report on Form 10-K (File No.
+Added: 001-36290) filed on August 26, 2021.
Form 10-K Summary
27 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.