1 unchanged sentence
Evaluation of Disclosure Controls and Procedures
−Removed: We maintain disclosure controls and procedures (as defined in Rule 13a-15(e) of the Exchange Act) that are designed to ensure that information required to be disclosed by us in the reports that we file or submit under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in the SEC's rules and forms, and that such information is accumulated and communicated to our management, including our chief executive officer and chief financial officer, as appropriate, to allow timely decisions regarding required disclosures.
+Added: We maintain disclosure controls and procedures (as defined in Rule 13a-15(e) of the Exchange Act) that are designed to ensure that information required to be disclosed by us in the reports that we file or submit under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in the SEC's rules and forms, and that such information is accumulated and communicated to our management, including our chief executive officer and interim chief financial officer, as appropriate, to allow timely decisions regarding required disclosures.
Any controls and procedures, no matter how well designed and operated, can provide only reasonable assurance of achieving the desired control objectives.
−Removed: As of the end of the period covered by this Form 10-K Annual Report, we carried out an evaluation under the supervision and with the participation of our management, including our chief executive officer and chief financial officer, of the effectiveness of our disclosure controls and procedures.
−Removed: 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.
+Added: As of the end of the period covered by this Form 10-K Annual Report, we carried out an evaluation under the supervision and with the participation of our management, including our chief executive officer and interim chief financial officer, of the effectiveness of our disclosure controls and procedures.
+Added: Based upon this evaluation, our chief executive officer and interim chief financial officer have concluded that our disclosure controls and procedures were effective at a reasonable assurance level as of June 30, 2023.
Report of Management on Internal Control Over Financial Reporting
11 unchanged sentences
This Code of Ethics is applicable to our principal executive officer, principal financial officer, principal accounting officer and controller, or persons performing similar functions.
−Removed: The codes are available on the Company’s website at www.malibuboats.com .
−Removed: To the extent required by rules adopted by the SEC and Nasdaq, we intend to promptly disclose future amendments to certain provisions of the codes, or waivers of such provisions granted to executive officers and directors on our website at www.malibuboats.com .
+Added: The codes are available on the Company’s website at www.malibuboatsinc.com .
+Added: To the extent required by rules adopted by the SEC and Nasdaq, we intend to promptly disclose future amendments to certain provisions of the codes or waivers of such provisions granted to executive officers and directors on our website at www.malibuboatsinc.com .
The remaining information required by this Item 10 will be included the Proxy Statement and is incorporated herein by reference.
38 unchanged sentences
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
−Removed: Engine Supply Agreement dated November 14, 2016 between Malibu Boats, LLC and General Motors LLC 7
Employment Agreement by and between Malibu Boats, Inc.
13 unchanged sentences
Form of Time and Performance Based Restricted Stock Award Agreement (executive) 9
+Added: Purchase and Sale Agreement, dated March 28, 2023 14
+Added: Confidential General Release and Settlement Agreement, dated June 30, 2023, by and among the Batchelder Plaintiffs, Malibu Boats, Inc.
+Added: and Malibu Boats, LLC 15
Subsidiaries of Malibu Boats, Inc.
2 unchanged sentences
pursuant to Rule 13a-14 or 15d-14 of the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
−Removed: Certificate of the Chief Financial Officer of Malibu Boats, Inc.
+Added: Certificate of the Interim Chief Financial Officer of Malibu Boats, Inc.
pursuant to Rule 13a-14 or 15d-14 of the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
−Removed: Certification of the Chief Executive Officer and Chief Financial Officer of Malibu Boats, Inc.
+Added: Certification of the Chief Executive Officer and Interim Chief Financial Officer of Malibu Boats, Inc.
pursuant to 18 U.S.C.
29 unchanged sentences
001-36290) filed on August 26, 2021.
+Added: (12) Filed as an exhibit to the Company's Annual Report on Form 10-K (File No.
+Added: 001-36290) filed on August 25, 2022.
+Added: (13) Filed as an exhibit to the Company's Quarterly Report on Form 10-Q (File No.
+Added: 001-36290) filed on February 7, 2023.
+Added: (14) Filed as an exhibit to the Company's Current Report on Form 8-K (File No.
+Added: 001-36290) filed on April 3, 2023.
+Added: (15) Filed as an exhibit to the Company's Current Report on Form 8-K (File No.
+Added: 001-36290) filed on July 3, 2023.
Form 10-K Summary
4 unchanged sentences
(Principal Executive Officer)
−Removed: August 25, 2022 /s/ Wayne R.
−Removed: Chief Financial Officer
+Added: August 29, 2023 /s/ David S.
+Added: Interim Chief Financial Officer
(Principal Financial and Accounting Officer)
4 unchanged sentences
(Principal Executive Officer)
−Removed: Wilson August 25, 2022
−Removed: Chief Financial Officer
+Added: Black August 29, 2023
+Added: Interim Chief Financial Officer
(Principal Financial and Accounting Officer)
10 unchanged sentences
Stokely August 29, 2023
+Added: Taylor August 29, 2023
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.