4 unchanged sentences
Other Informat ion
+Added: Second Amended and Restated Bylaws
+Added: On November 4, 2024, our board of directors adopted and approved, effective immediately, the second amended and restated bylaws (the “Second Amended and Restated Bylaws”).
+Added: The Second Amended and Restated Bylaws, among other things, (i) decrease the quorum requirement for stockholder meetings from a majority to one-third of the outstanding shares of stock entitled to vote, (ii) conform to SEC’s universal proxy card rules, and (iii) update for certain other administrative and conforming changes.
+Added: The foregoing summary of the Second Amended and Restated Bylaws does not purport to be complete and is qualified in its entirety by reference to the full text of the Second Amended and Restated Bylaws, which is attached as Exhibit 3.2 and incorporated herein by reference.
Insider Trading Arrangements
11 unchanged sentences
August 15, 2017
−Removed: Amended and Restated Bylaws of Netlist, Inc.
−Removed: December 20, 2012
−Removed: Certificate of Amendment to Amended and Restated Bylaws of Netlist, Inc.
−Removed: December 29, 2017
−Removed: Amendment to Amended and Restated Bylaws of Netlist, Inc.
−Removed: August 10, 2020
−Removed: Amendment No.
−Removed: 4 to Rights Agreement, dated as of April 17, 2024, by and between Netlist, Inc.
−Removed: and Equiniti Trust Company, LLC, as rights agent
−Removed: April 17, 2024
+Added: Second Amended and Restated Bylaws of Netlist, Inc.
+Added: Form of Series A Warrant
+Added: October 11, 2024
+Added: Form of Series B Warrant
+Added: October 11, 2024
+Added: Form of Securities Purchase Agreement dated October 11, 2024 between Netlist, Inc.
+Added: and the purchasers identified therein
+Added: October 11, 2024
+Added: Placement Agency Agreement dated October 11, 2024 by and between Netlist, Inc.
+Added: and Roth Capital Partners, LLC
+Added: October 11, 2024
+Added: Form of Lock-Up Agreement
+Added: October 11, 2024
Rule 13a-14(a) / 15d-14(a) Certification of Chief Executive Officer
9 unchanged sentences
Furnished herewith.
+Added: Certain exhibits and schedules have been omitted pursuant to Item 601(a)(5) of Regulation S-K.
+Added: We hereby undertake to furnish supplementally a copy of any omitted exhibit or schedule upon request by the SEC.
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.
−Removed: August 6, 2024
+Added: November 7, 2024
Netlist, Inc.
5 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.