8 unchanged sentences
Basis for Opinion
−Removed: The Company’s management is responsible for maintaining effective internal control over financial reporting and for its assessment of the effectiveness of internal control over financial reporting, included in the accompanying Item 9A Management’s Report on Internal Control over Financial Reporting.
+Added: The Company’s management is responsible for maintaining effective internal control over financial reporting and for its assessment of the effectiveness of internal control over financial reporting, included in the accompanying Item 9A Managements Report on Internal Control over Financial Reporting.
Our responsibility is to express an opinion on the Company’s internal control over financial reporting based on our audit.
12 unchanged sentences
Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.
−Removed: /s/ Deloitte & Touch LLP
+Added: /s/ Deloitte & Touche LLP
Atlanta, Georgia
12 unchanged sentences
Based on evaluation under these criteria, management determined that we did maintain effective internal control over financial reporting as of December 31, 2022.
−Removed: A material weakness is a deficiency, or a combination of deficiencies, in internal control over financial reporting, such that a reasonable possibility exists that a material misstatement of our annual or interim financial statements will not be prevented or detected on a timely basis.
−Removed: The Company previously disclosed material weaknesses in internal control over financial reporting as of December 31, 2020 in Item 9A of our Annual Report in Form 10-K for the year ended December 31, 2020 related to certain control activities for which we did not have proper segregation of duties, were not sufficiently evidenced, or included assumptions which were not evaluated for completeness, accuracy or application of GAAP as part of the control.
Our independent registered public accounting firm, Deloitte & Touche LLP, has audited the effectiveness of our internal control over financial reporting as of December 31, 2022, as stated in their report which appears on page 79 of this Form 10-K.
−Removed: Remediated Material Weaknesses
−Removed: Remediation of the previously identified material weaknesses and strengthening our internal control environment were priorities for us throughout 2021.
−Removed: We implemented and tested the design and operating effectiveness of new and existing controls related to the previously identified material weaknesses, as follows:
−Removed: • The Company enhanced its financial close process by introducing additional layers of independent reviews by appropriately qualified individuals and improving the precision and timeliness of reviews applied to various financial result analyses, including revenue recognition, recording of inventory and accrued expenses.
−Removed: Additionally, the Company enhanced the level of evidence of review required to be maintained to evidence the operation of controls.
−Removed: • The Company enhanced its sales order review process to ensure compliance with Company sales policies by requiring retention of appropriate evidence of customer arrangements and establishing a quarterly review of key revenue metrics by finance and accounting personnel.
−Removed: • The Company enhanced the operation of controls to address the accuracy and completeness of information used in the performance of controls, including retention of evidence of review and assessment of significant judgements to ensure
−Removed: proper application of GAAP specific to accounting for revenue, inventory, goodwill impairment and the provision for income taxes.
−Removed: • Management enhanced the controls that validate the completeness and accuracy of data utilized in financial forecasting and periodic goodwill analyses, employing the use of checklists and assessing the appropriateness of significant estimates.
−Removed: Management has deemed the newly implemented or enhanced controls described above to be operating effectively as of December 31, 2021, and has determined them to have appropriately remediated the previously identified material weaknesses.
Changes in Internal Control Over Financial Reporting
−Removed: Other than the changes described above in “Remediated Material Weaknesses,” there were no changes during the quarter ended December 31, 2021 in our internal control over financial reporting (as such term is defined in the Exchange Act) that have materially affected, or are reasonably likely to materially affect, our internal control over financial reporting.
+Added: There were no changes during the quarter ended December 31, 2022 in our internal control over financial reporting (as such term is defined in the Exchange Act) that have materially affected, or are reasonably likely to materially affect, our internal control over financial reporting.
Other Information
−Removed: Item 1.01 Entry into a Material Definitive Agreement
−Removed: Amendment to Hayfin Loan Agreement
−Removed: On February 28, 2022, the Company entered into the Amendment.
−Removed: Refer to Item 7, Management’s Discussion and Analysis of Financial Condition and Results of Operations — Liquidity and Capital Resources for details.
Disclosures Regarding Foreign Jurisdictions that Prevent Inspections
1 unchanged sentence
Directors, Executive Officers and Corporate Governance
−Removed: Information required by this Item will be contained in our definitive proxy statement relating to our 2022 Annual Meeting of Shareholders under the captions “Executive Officers,” “Election of Directors” and “Delinquent Section 16(a) Reports,” or similar captions which are incorporated herein by reference.
+Added: Information required by this Item will be contained in our definitive proxy statement relating to our 2023 Annual Meeting of Shareholders under the captions “Executive Officers,” “Election of Directors” and similar captions which are incorporated herein by reference.
Executive Compensation
18 unchanged sentences
## Certain exhibits and schedules have been omitted pursuant to Item 601(b)(10) of Regulation S-K, but a copy will be furnished supplementally to the Securities and Exchange Commission upon request.
−Removed: 3.1 Restated Articles of Incorporation, adopted March 4, 2021, effective March 5, 2021 ( incorporated by reference to Exhibit 3.1 to the Registrant’s Form 10-K filed March 8, 2021 ).
−Removed: 3.2 Articles of Amendment to Restated Articles of Incorporation, effective June 3, 2021 ( incorporated by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K filed June 10, 2021 ).
−Removed: 3.3 Articles of Amendment to Restated Articles of Incorporation, effective June 3, 2021 ( incorporated by reference to Exhibit 3.2 to the Registrant’s Current Report on Form 8-K filed June 10, 2021 ).
−Removed: 3.4 Bylaws of MiMedx Group, Inc., as amended and restated as of April 19, 2021 ( incorporated by reference to Exhibit 3.1 to the Registrant’s Form 8-K filed on April 21, 2021 ).
−Removed: 3.5 Amendment No.
−Removed: 1 to the Company’s Bylaws effective May 27, 2021 ( incorporated by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K Filed June 3, 2021 ).
−Removed: 4.1 The description of the Registrant’s Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934, incorporated by reference to Registration Statement on Form 8-A filed November 2, 2020 .
+Added: 3.1 Restated Articles of Incorporation, adopted March 4, 2021, effective March 5, 2021 ( incorporated by reference to Exhibit 3.1 to the Registrant’s Annual Report on Form 10-K filed on March 8, 2021 ).
+Added: 3.2 Articles of Amendment to Restated Articles of Incorporation, effective June 3, 2021 ( incorporated by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K filed on June 10, 2021 ).
+Added: 3.3 Articles of Amendment to Restated Articles of Incorporation, effective June 3, 2021 ( incorporated by reference to Exhibit 3.2 to the Registrant’s Current Report on Form 8-K filed on June 10, 2021 ).
+Added: 3.4 Amended and Restated Bylaws of MiMedx Group, Inc., as amended and restated as of February 16, 2023 ( incorporated by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K filed on February 23, 2023 ).
+Added: 4.1 The description of the Registrant’s Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934 ( incorporated by reference to the Registra nt ’ s Registration Statement on Form 8-A filed on November 2, 2020 ).
10.1## Loan Agreement dated as of June 30, 2020 by and among MiMedx Group, Inc., certain subsidiaries of MiMedx Group, Inc.
−Removed: parties thereto, the Lenders from time to time party hereto, Hayfin Services LLP, as administrative agent for the Lenders and as collateral agent for the Secured Parties, incorporated by reference to Exhibit 10.36 to Annual Report on Form 10-K filed July 6, 2020.
+Added: parties thereto, the Lenders from time to time party hereto, Hayfin Services LLP, as administrative agent for the Lenders and as collateral agent for the Secured Parties ( incorporated by reference to Exhibit 10.36 to Registrant ’ s Annual Report on Form 10-K filed on July 6, 2020 ) .
10.2## Securities Purchase Agreement, dated as of June 30, 2020, by and between MiMedx Group, Inc., Falcon Fund 2 Holding Company, L.P.
−Removed: and certain other investors, incorporated by reference to Exhibit 10.38 to Annual Report on Form 10-K filed July 6, 2020 .
+Added: and certain other investors ( incorporated by reference to Exhibit 10.38 to the Regist rant ’ s Annual Report on Form 10-K filed July 6, 2020 ).
10.3 Registration Rights Agreement dated as of July 2, 2020, by and between MiMedx Group, Inc.
−Removed: and Falcon Fund 2 Holding Company, L.P., incorporated by reference to Exhibit 10.39 to Annual Report on Form 10-K filed July 6, 2020 .
+Added: and Falcon Fund 2 Holding Company, L.P.
+Added: ( incorporated by reference to Exhibit 10.39 t o the Registr a nt ’ s Annual Report on Form 10-K filed on July 6, 2020 ).
10.4 Lease effective May 1, 2013 between Hub Properties of GA, LLC and MiMedx Group, Inc.
−Removed: ( incorporated by reference to Exhibit 10.1 to the Registrant’s Form 10-Q filed on May 10, 2013 ).
+Added: ( incorporated by reference to Exhibit 10.1 to the Registrant’s Quarterly Report on Form 10-Q filed on May 10, 2013 ).
10.5 First Amendment to Lease dated March 7, 2017 between CPVF II West Oak LLC (as successor in interest to HUB Properties of GA, LLC) and MiMedx Group, Inc.
−Removed: ( incorporated by reference to Exhibit 10.1 to the Registrant’s Form 8-K filed on March 13, 2017 ).
−Removed: 10.6# Third Amendment to Lease made as of November 30, 2021 for real property and improvements located at 1775 West Oak Commons Court, Marietta, Georgia between RE Fields, LLC, successor in interest to HUB Properties GA, LLC, and CPVF II West Oak LLC, and MiMedx Group, Inc., dated January 25, 2013, as amended March 7, 2017.
+Added: ( incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K filed on March 13, 2017 ).
+Added: 10.6 Third Amendment to Lease made as of November 30, 2021 for real property and improvements located at 1775 West Oak Commons Court, Marietta, Georgia between RE Fields, LLC, successor in interest to HUB Properties GA, LLC, and CPVF II West Oak LLC, and MiMedx Group, Inc., dated January 25, 2013, as amended March 7, 2017 ( incorporated by reference to Exhibit 10.
+Added: 6 to the Registrant’s Annual R e port on Form 10-K filed on February 28, 2022 ).
10.7* MiMedx Group, Inc.
−Removed: Assumed 2006 Stock Incentive Plan, as amended and restated effective February 25, 2014 ( incorporated by reference to Exhibit 10.2 to the Registrant’s Form 8-K filed on March 3, 2014 ).
+Added: Assumed 2006 Stock Incentive Plan, as amended and restated effective February 25, 2014 ( incorporated by reference to Exhibit 10.2 to the Registrant’s Current Report on Form 8-K filed on March 3, 2014 ).
10.8* Form of Incentive Stock Option Agreement under the MiMedx Group, Inc.
−Removed: Assumed 2006 Stock Incentive Plan ( incorporated by reference to Exhibit 10.4 to the Registrant’s Form 10-K filed on March 4, 2014) .
+Added: Assumed 2006 Stock Incentive Plan ( incorporated by reference to Exhibit 10.4 to the Registrant’ s Annual Report o n Form 10-K filed on March 4, 2014) .
10.9* Form of Nonqualified Stock Option Agreement under the MiMedx Group, Inc.
−Removed: Assumed 2006 Stock Incentive Plan ( incorporated by reference to Exhibit 10.5 to the Registrant’s Form 10-K filed on March 4, 2014 ).
+Added: Assumed 2006 Stock Incentive Plan ( incorporated by reference to Exhibit 10.5 to the Registrant’s Annual Report on Form 10-K filed on March 4, 2014 ).
10.10* Form of Restricted Stock Agreement for Non-Employee Directors under the MiMedx Group, Inc.
−Removed: 2006 Assumed Stock Incentive Plan ( incorporated by reference to Exhibit 10.66 to the Registrant’s Form 10-Q filed on August 8, 2013 ).
+Added: 2006 Assumed Stock Incentive Plan ( incorporated by reference to Exhibit 10.66 to the Registrant’s Quarterly Report on Form 10-Q filed on August 8, 2013 ).
10.11* Form of Restricted Stock Agreement under the MiMedx Group, Inc.
−Removed: 2006 Assumed Stock Incentive Plan ( incorporated by reference to Exhibit 10.3 to the Registrant’s Form 10-K filed on March 4, 2014 ).
−Removed: 10.12* 2016 Equity and Cash Incentive Plan, as amended and restated through October 2, 2020, incorporated by reference to Exhibit 4.6 to Registration Statement on Form S-8 filed December 17, 2020 .
+Added: 2006 Assumed Stock Incentive Plan ( incorporated by reference to Exhibit 10.3 to the Registrant’s Annual Report on Form 10-K filed on March 4, 2014 ).
+Added: 10.12* 2016 Equity and Cash Incentive Plan, as amended and restated through October 2, 2020 ( incorporated by reference to Exhibit 4.6 to the Registra nt ’ s Registration Statement on Form S-8 filed on December 17, 202 0 ).
10.13* Form of Incentive Stock Option Agreement under the MiMedx Group, Inc.
−Removed: 2016 Equity and Cash Incentive Plan ( incorporated by reference to Exhibit 10.2 to the Registrant’s Form 10-Q filed on August 2, 2016 ).
−Removed: 10.14* Form of Restricted Stock Agreement under the MiMedx Group, Inc 2016 Equity and Cash Incentive Plan (for shares not registered under the Securities Act of 1933) ( incorporated by reference to Exhibit 10.9 to the Registrant’s Form 8-K filed on May 30, 2019 ).
+Added: 2016 Equity and Cash Incentive Plan ( incorporated by reference to Exhibit 10.2 to the Registrant’s Quarterly Report on Form 10-Q filed on August 2, 2016 ).
10.14* Form of Restricted Stock Agreement under the MiMedx Group, Inc.
−Removed: 2016 Equity and Cash Incentive Plan ( incorporated by reference to Exhibit 10.3 to the Registrant’s Form 10-Q filed on August 2, 2016 ).
+Added: 2016 Equity and Cash Incentive Plan (for shares not registered under the Securities Act of 1933) ( incorporated by reference to Exhibit 10.9 to the Registrant’s Current Report on Form 8-K filed on May 30, 2019 ).
+Added: 10.15* Form of Restricted Stock Agreement under the MiMedx Group, Inc.
+Added: 2016 Equity and Cash Incentive Plan ( incorporated by reference to Exhibit 10.3 to the Registrant’s Quarterly Report on Form 10-Q filed on August 2, 2016 ).
10.16* Form of Restricted Stock Agreement for Non-Employee Directors under the MiMedx Group, Inc.
−Removed: 2016 Equity and Cash Incentive Plan ( incorporated by reference to Exhibit 10.11 to the Registrant’s Form 8-K filed on May 30, 2019 ).
+Added: 2016 Equity and Cash Incentive Plan ( incorporated by reference to Exhibit 10.11 to the Registrant’s Current Report on Form 8-K filed on May 30, 2019 ).
10.17* Form of Nonqualified Stock Option Agreement under the MiMedx Group, Inc.
−Removed: 2016 Equity and Cash Incentive Plan ( incorporated by reference to Exhibit 10.4 to the Registrant’s Form 10-Q filed on August 2, 2016 ).
−Removed: 10.18* Form of Director Restricted Stock Unit Award Agreement ( incorporated by reference to Exhibit 10.16 to the Registrant’s Annual Report on Form 10-K filed March 17, 2020 ).
−Removed: 10.19* Form of Employee (Time-Vested) Restricted Stock Unit Award Agreement, incorporated by reference to Exhibit 10.33 to Annual Report on Form 10-K filed July 6, 2020.
−Removed: 10.20* Form of Employee (Performance-Vested, uncertain number of shares) Restricted Stock Unit Award Agreement, incorporated by reference to Exhibit 10.34 to Annual Report on Form 10-K filed July 6, 2020 .
−Removed: 10.21* Form of Employee (Performance-Vested, certain number of shares) Restricted Stock Unit Award Agreement, incorporated by reference to Exhibit 10.35 to Annual Report on Form 10-K filed July 6, 2020 .
−Removed: 10.22* Form of Non-Employee Restricted Stock Award Agreement (vest into retirement), incorporated by reference to Exhibit 10.4 to Quarterly Report on Form 10-Q filed August 4, 2020 .
−Removed: 10.23* Form of Employee (Time-Vested) Restricted Stock Unit Award Agreement, incor porated by reference to Exhi bit 10.25 to the Annual Report on form 10- K file on March 8, 2021 .
+Added: 2016 Equity and Cash Incentive Plan ( incorporated by reference to Exhibit 10.4 to the Registrant’s Quarterly Report on Form 10-Q filed on August 2, 2016 ).
+Added: 10.18* Form of Director Restricted Stock Unit Award Agreement ( incorporated by reference to Exhibit 10.16 to the Registrant’s Annual Report on Form 10-K filed on March 17, 2020 ).
+Added: 10.19* Form of Employee (Time-Vested) Restricted Stock Unit Award Agreement ( incorporated by reference to Exhibit 10.33 to the Registrant ’ s Annual Report on Form 10-K filed on July 6, 2020 ) .
+Added: 10.20* Form of Employee (Performance-Vested, uncertain number of shares) Restricted Stock Unit Award Agreement ( incorporated by reference to Exhibit 10.34 to th e Regis trant ’ s Annual Report on Form 10-K filed on July 6, 2020 ).
+Added: 10.21* Form of Employee (Performance-Vested, certain number of shares) Restricted Stock Unit Award Agreement ( incorporated by reference to Exhibit 10.35 to the Registrant ’ s Annual Report on Form 10-K filed on July 6, 2020 ).
+Added: 10.22* Form of Non-Employee Restricted Stock Award Agreement (vest into retirement) ( incorporated by reference to Exhibit 10.4 to the Registrant ’ s Quarterly Report on Form 10-Q filed on August 4, 2020 ).
+Added: 10.23* Form of Employee (Time-Vested) Restricted Stock Unit Award Agreement ( incorporated by reference to Exhibit 10.25 to the Registran t ’ s Annual Report on F orm 10-K file d on March 8, 2021 ).
10.24* Letter Agreement dated April 10, 2019 between MiMedx Group, Inc.
and Timothy R.
−Removed: Wright ( incorporated by reference to Exhibit 10.1 to the Registrant’s Form 8-K filed on May 9, 2019 ).
−Removed: 10.25* Employment Offer Letter between the Company and Peter M.
−Removed: Carlson, as amended and restated on June 30, 2021, incorporated by reference to Exhibit 10.1 to Quarterly Report on Form 10-Q filed August 3, 2021 .
−Removed: 10.26* Employment Offer Letter between the Company and William F.
−Removed: Hulse IV as of November 4, 2019, i ncorporated by reference to Exhibit 10.30 to Annual Report on Form 10-K filed July 6, 2020 .
−Removed: 10.27* Employment Offer Letter between the Company and Rohit Kashyap dated as of July 23, 2020, incorporated by reference to Exhibit 10.2 to Quarterly Report on Form 10-Q filed August 4, 2020 .
−Removed: 10.28* Employment Offer Letter between the Company and Robert B.
−Removed: Stein effective August 1, 2020, incorporated by reference to Exhibit 10.3 to Quarterly Report on Form 10-Q filed August 4, 2020 .
−Removed: 10.29* Form of Key Employee Retention and Restrictive Covenant Agreement, incorporated by reference to Exhibit 10.1 to Current Report on Form 8-K filed December 21, 2020.
−Removed: 10.30* 2020 Management Incentive Plan, incorporated by reference to Exhibit 10.35 to the Annual Report on form 10-K file on March 8, 2021 .
−Removed: 10.31* Management Incentive Plan, incorporated by reference to Exhibit 10.2 to Current Report on Form 8-K filed December 21, 2020 .
−Removed: 10.32* Form of Indemnification Agreement ( incorporated by reference to Exhibit 10.65 to the Registrant’s Form 8-K filed July 15, 2008 ).
−Removed: 10.33* Form of Director Restricted Stock Unit Award Agreement (Type I - Initial Grant, Full Amount), incorporated by reference to Exhibit 10.2 to Quarterly Report on Form 10-Q filed August 3, 2021 .
−Removed: 10.34* Form of Director Restricted Stock Unit Award Agreement (Type II - Initial Grant, Pro Rata Amount), incorporated by reference to Exhibit 10.3 to Quarterly Report on Form 10-Q filed August 3, 2021 .
−Removed: 10.35* Form of Director Restricted Stock Unit Award Agreement (Type III - Annual Grant), incorporated by reference to Exhibit 10.4 to Quarterly Report on Form 10-Q filed August 3, 2021 .
−Removed: 10.36 Technology License Agreement dated January 29, 2007 between MiMedx, Inc., Shriner's Hospitals for Children and University of South Florida Research Foundation ( incorporated by reference to Exhibit 10.32 to the Registrant’s Form 8-K filed on February 8, 2008 ).
+Added: Wright ( incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K filed on May 9, 2019 ).
+Added: 10.25* Employment Offer Letter between MiMedx Group, Inc.
+Added: Carlson, as amended and restated on June 30, 2021 ( incorporated by reference to Exhibit 10.1 to the Registran t ’ s Quarterly Report on Form 10-Q filed on August 3, 2021 ).
+Added: 10.26* Employment Offer Letter between MiMedx Group, Inc.
+Added: and William F.
+Added: Hulse IV dated November 4, 2019, (i ncorporated by reference to Exhibit 10.30 to the Registra nt ’ s Annual Report on Form 10-K filed on July 6, 2020 ).
+Added: 10.27* Employment Offer Letter between MiMedx Group, Inc.
+Added: and Rohit Kashyap dated as of July 23, 2020 ( incorporated by reference to Exhibit 10.2 to the Registrant ’ s Quarterly Report on Form 10-Q filed on November 20 , 2020 ).
+Added: 10.28* Employment Offer Letter between MiMedx Group, Inc.
+Added: and Robert B.
+Added: Stein effective August 1, 2020 ( incorporated by reference to Exhibit 10.3 to the Registrant ’ s Quarterly Report on Form 10-Q filed on November 20 , 2020 ).
+Added: 10.29* Form of Key Employee Retention and Restrictive Covenant Agreement ( incorporated by reference to Exhibit 10.1 to the Registrant ’ s Current Report on Form 8-K filed on December 21, 2020 ) .
+Added: 10.30* Form of Indemnification Agreement ( incorporated by reference to Exhibit 10.65 to the Registrant’s Current Report on Form 8-K filed on July 15, 2008 ).
+Added: 10.31* Form of Director Restricted Stock Unit Award Agreement (Type I - Initial Grant, Full Amount) ( incorporated by reference to Exhibit 10.2 to the Registrant ’ s Quarterly Report on Form 10-Q filed on August 3, 2021 ).
+Added: 10.32* Form of Director Restricted Stock Unit Award Agreement (Type II - Initial Grant, Pro Rata Amount) ( incorporated by reference to Exhibit 10.3 to the Registra nt ’ s Quarterly Report on Form 10-Q filed on August 3, 2021 ).
+Added: 10.33* Form of Director Restricted Stock Unit Award Agreement (Type III - Annual Grant) ( incorporated by reference to Exhibit 10.4 to the Registrant ’ s Quarterly Report on Form 10-Q filed on August 3, 2021 ).
+Added: 10.34 Technology License Agreement dated January 29, 2007 between MiMedx, Inc., Shriner's Hospitals for Children and University of South Florida Research Foundation ( incorporated by reference to Exhibit 10.32 to the Registrant’s Current Report on Form 8-K filed on February 8, 2008 ).
10.35 Cooperation Agreement dated as of May 29, 2019 among MiMedx Group, Inc., M.
1 unchanged sentence
Todd Newton, Richard J.
−Removed: Barry, Prescience Partners, LP, Prescience Point Special Opportunity LP, Prescience Capital LLC, Prescience Investment Group, LLC d/b/a Prescience Point Capital Management LLC and Eiad Asbahi ( incorporated by reference to Exhibit 10.32 to the Registrant’s Form 8-K filed on May 30, 2019 ).
+Added: Barry, Prescience Partners, LP, Prescience Point Special Opportunity LP, Prescience Capital LLC, Prescience Investment Group, LLC d/b/a Prescience Point Capital Management LLC and Eiad Asbahi ( incorporated by reference to Exhibit 10.32 to the Registrant’s Current Report on Form 8-K filed on May 30, 2019 ).
10.36## Amendment No.
1 to Loan Agreement dated as of February 28, 2022, which amends that certain Loan Agreement dated as of June 30, 2020 by and among MiMedx Group, Inc., certain subsidiaries of MiMedx Group, Inc.
−Removed: parties thereto, the Lenders from time to time party hereto, Hayfin Services LLP, as administrative agent for the Lenders and as collateral agent for the Secured Parties.
−Removed: 16.1 Letter from BDO USA, LLP dated March 30, 2021, incorporated by reference to Exhibit 16.1 to the Registrant’s Current Report on Form 8-K filed March 30, 202 1 .
+Added: parties thereto, the Lenders from time to time party hereto, Hayfin Services LLP, as administrative agent for the Lenders and as collateral agent for the Secured Parties ( incorporated by reference to Exhibit 10.38 to the Registrant’s Annual Report on Form 10-K filed on February 28, 2022 )
+Added: 10.37* Separation Agreement and General Release between MiMedx Group, Inc.
+Added: and Timothy R.
+Added: Wright dated September 15, 2022 ( incorporated by reference to Exhibit 10.
+Added: 3 to the Registrant’s Current Report on Form 8 -K filed on September 14 , 2022 ).
+Added: 10.38* Interim Executive Employment Agreement between MiMedx Group, Inc.
+Added: Todd Newton dated September 14, 2022 ( incorporated by reference to Exhibit 10.
+Added: 1 to the Registrant’s Current Report on Form 8-K filed on September 14, 2022 ).
+Added: 10.39* Restricted Stock Unit Agreement between MiMedx Group, Inc.
+Added: Todd Newton dated September 15, 2022 ( incorporated by reference to Exhibit 10.2 to the Registrant’s Current Report on Form 8-K filed on September 1 4 , 2022 ).
+Added: 10.40* Employment Offer Letter between MiMedx Group, Inc.
+Added: Whitlow dated December 27, 2022 ( incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K filed on January 3, 2023 ).
+Added: 10.41* Letter Agreement between MiMedx Group, Inc.
+Added: and Joseph H.
+Added: Capper dated January 27, 2023 ( incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K filed on January 27, 2023 ).
+Added: 10.42* Performance Stock Unit Agreement between MiMedx Group, Inc.
+Added: and Joseph H.
+Added: Capper dated January 27, 2023 (i ncorporated by reference to Exhibit 10.3 to the Registrant’s Current Report on Form 8-K filed on January 27, 2023 ).
+Added: 10.43* Nonqualified Stock Option Agreement between MiMedx Group, Inc.
+Added: and Joseph H.
+Added: Capper dated January 27, 2023 ( incorporated by reference to Exhibit 10.4 to the Registrant’s Current Report on Form 8-K filed on January 27, 2023 ).
+Added: 10.44# ## Platform Intellectual Property License Agreement by and between MiMedx Group, Inc.
+Added: and Global Health Solutions, Inc.
+Added: Turn Therapeutics) , dated as of December 7, 2022.
+Added: 16.1 Letter from BDO USA, LLP dated March 30, 2021 ( incorporated by reference to Exhibit 16.1 to the Registrant’s Current Report on Form 8-K filed on March 30, 2021 ).
21.1# Subsidiaries of MiMedx Group, Inc.
24 unchanged sentences
Signature / Name Title Date
−Removed: /s/ Timothy R.
−Removed: Wright Chief Executive Officer and Director February 28, 2022
−Removed: Wright (Principal Executive Officer)
+Added: /s/ Joseph H.
+Added: Capper Chief Executive Officer and Director February 28, 2023
+Added: Capper (Principal Executive Officer)
Carlson Chief Financial Officer February 28, 2023
17 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.