EVERSPIN TECHNOLOGIES INC. 10-Q

Item 5. Other Information . ​ None. ​ ​ ​ Item 6. Exhibit s EXHIBIT INDE X ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Incorporation By Reference ​ Exhibit Number Description Form SEC File No. Exhibit/ Reference Filing Date 3.1 Amended and Restated Certificate of Incorporation 8-K 001-37900 3.1 10/13/2016 3.2 ​ A mendment to Amended and Restated Certificate of Incorporation ​ 8-K ​ 001-37900 ​ 3.1 ​ 5/22/2019 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ 3.3 Amendment to Amended and Restated Certificate of Incorporation 8-K 001-37900 3.1 5/27/2020 3.4 ​ Bylaws ​ 8-K ​ 001-37900 ​ 3.2 ​ 5/22/2019 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ 4.1 Form of Common Stock Certificate of the Company S-1 333-213569 4.1 9/09/2016 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ 4.2 ​ Amended and Restated Warrant to Purchase Common Stock, dated as of August 5, 2019, between the Company and Silicon Valley Bank ​ 10-Q ​ 001-37900 ​ 4.2 ​ 11/07/2019 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ 4.3* Warrant to Purchase Common Stock, dated as of July 15, 2020, between the Company and Silicon Valley Bank ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ 4.4 Reference is made to Exhibits 3.1, 3.2 and 3.3 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ 10.1* ​ Offer Letter, dated June 5, 2020, between the Company and Daniel Berenbaum ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ 10.2* ​ Amendment No. 9 to Lease, effective as of March 31, 2020 by and between the registrant and NXP USA, Inc. (formerly Freescale Semiconductor, Inc.) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ 10.3* ​ Amended and Restated Loan and Security Agreement, dated as of July 15, 2020, between the Company and Silicon Valley Bank ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ 31.1* Certification of Principal Executive Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. ​ ​ ​ ​ ​ ​ ​ 31.2* Certification of Principal Financial Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 44 Table of Contents 32.1** Certification of Principal Executive Officer and Principal Financial Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 101.INS* Inline XBRL Instance 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. ** Furnished herewith. ​ 45 Table of Contents ​ SIGNATURE S ​ 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. ​ ​ ​ ​ ​ Everspin Technologies, Inc. ​ ​ Date: August 6, 2020 By: /s/ Kevin Conley ​ ​ Kevin Conley ​ ​ President and Chief Executive Officer ​ ​ (Duly Authorized Officer and Principal Executive Officer) ​ ​ ​ ​ Everspin Technologies, Inc. ​ ​ Date: August 6, 2020 By: /s/ Daniel Berenbaum ​ ​ Daniel Berenbaum ​ ​ Chief Financial Officer ​ ​ (Principal Financial and Accounting Officer) ​ ​ 46