1 unchanged sentence
Not applicable.
−Removed: See “Index to Exhibits”
−Removed: for a description of our exhibits.
+Added: See “Index to Exhibits” for a description of our exhibits.
Index to Exhibits
Certificate of Incorporation of AquaMed Technologies, Inc.
−Removed: (incorporated
−Removed: by reference to Exhibit 3.1 to Form S-1, filed with the SEC on January 9, 2019).
−Removed: Certificate of Amendment to Certificate of Incorporation of AquaMed
−Removed: Technologies, Inc.
(incorporated by reference to Exhibit 3.1 to Form S-1, filed with the SEC on January 9, 2019).
+Added: Certificate of Amendment to Certificate of Incorporation of AquaMed Technologies, Inc.
+Added: (incorporated by reference to Exhibit 3.2 to Form S-1, filed with the SEC on January 9, 2019).
Amended and Restated Certificate of Incorporation of AquaMed Technologies, Inc.
1 unchanged sentence
1 to Form S-1, filed with the SEC on March 11, 2019).
−Removed: Certificate of Amendment to the Amended and Restated Certificate of
−Removed: Incorporation of AquaMed Technologies, Inc.
−Removed: (incorporated by reference to Exhibit 3.1 to the Current Report on Form 8-K,
−Removed: filed with the SEC on November 14, 2019)
−Removed: Certificate of Amendment to the Amended and Restated Certificate of
−Removed: Incorporation of NexGel, Inc.
−Removed: (incorporated by reference to Exhibit 3.1 to the Current Report on Form 8-K, filed with the
−Removed: SEC on May 29, 2020)
+Added: Certificate of Amendment to the Amended and Restated Certificate of Incorporation of AquaMed Technologies, Inc.
+Added: (incorporated by reference to Exhibit 3.1 to the Current Report on Form 8-K, filed with the SEC on November 14, 2019)
+Added: Certificate of Amendment to the Amended and Restated Certificate of Incorporation of NexGel, Inc.
+Added: (incorporated by reference to Exhibit 3.1 to the Current Report on Form 8-K, filed with the SEC on May 29, 2020)
+Added: Certificate of Amendment to the Amended and Restated Certificate of Incorporation of NexGel, Inc.
+Added: (incorporated by reference to Exhibit 3.1 to the Current Report on Form 8-K, filed with the SEC on August 2, 2021)
Amended and Restated Bylaws of AquaMed Technologies, Inc.
−Removed: (incorporated
−Removed: by reference to Exhibit 3.5 to Amendment No.
+Added: (incorporated by reference to Exhibit 3.5 to Amendment No.
1 to Form S-1, filed with the SEC on March 11, 2019).
−Removed: 12% Senior Secured Promissory Note, dated March 11, 2021, issued to
−Removed: Auctus Fund, LLC (incorporated by reference to Exhibit 4.1 to the Current Report on Form 8-K filed with the SEC on March 17, 2021)
−Removed: First Common Stock Purchase Warrant, Dated March 11, 2021, issued to
−Removed: Auctus Fund, LLC (incorporated by reference to Exhibit 4.2 to the Current Report on Form 8-K filed with the SEC on March 17, 2021)
−Removed: Second Common Stock Purchase Warrant, Dated March 11, 2021, issued
−Removed: to Auctus Fund, LLC (incorporated by reference to Exhibit 4.3 to the Current Report on Form 8-K filed with the SEC on March 17, 2021)
−Removed: Securities Purchase Agreement, dated March 11, 2021, between NexGel, Inc.
−Removed: and Aucuts Fund, LLC
−Removed: (incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K filed with the SEC on March 17, 2021)
−Removed: Security Agreement, dated March 11, 2021, between NexGel, Inc.
−Removed: and Aucuts Fund, LLC (incorporated
−Removed: by reference to Exhibit 10.2 to the Current Report on Form 8-K filed with the SEC on March 17, 2021)
−Removed: Registration Rights Agreement, dated March 11, 2021, between NexGel, Inc.
−Removed: and Aucuts Fund, LLC
−Removed: (incorporated by reference to Exhibit 10.3 to the Current Report on Form 8-K filed with the SEC on March 17, 2021)
−Removed: Certification of Chief
−Removed: Executive Officer Pursuant to Section 302 of Sarbanes-Oxley Act of 2002.
−Removed: Certification of Chief
−Removed: Financial Officer Pursuant to Section 302 of Sarbanes-Oxley Act of 2002.
−Removed: Certification of Chief
−Removed: Executive Officer Pursuant to Section 18 U.S.C.
−Removed: Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley
−Removed: Certification of Chief
−Removed: Financial Officer Pursuant to Section 18 U.S.C.
−Removed: Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley
−Removed: The following materials
−Removed: from the Company’s Quarterly Report on Form 10-Q for the fiscal quarter March 31, 2021, formatted in XBRL (eXtensible
−Removed: Business Reporting Language), (i) Balance Sheets, (ii) Statements of Operations, (iii) Statements of Stockholders’
−Removed: Equity, (iv) Statements of Cash Flows, and (v) Notes to the Financial Statements.
+Added: First Amendment to the Senior Secured Promissory Note, Warrants, and Securities Purchase Agreement (March 11, 2021) dated August 13, 2021 by and between NexGel.
+Added: and Auctus Fund, LLC.
+Added: Certification of Chief Executive Officer Pursuant to Section 302 of Sarbanes-Oxley Act of 2002.
+Added: Certification of Chief Financial Officer Pursuant to Section 302 of Sarbanes-Oxley Act of 2002.
+Added: Certification of Chief Executive Officer Pursuant to Section 18 U.S.C.
+Added: Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
+Added: Certification of Chief Financial Officer Pursuant to Section 18 U.S.C.
+Added: Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
+Added: The following materials from the Company’s Quarterly Report on Form 10-Q for the fiscal quarter June 30, 2021, formatted in iXBRL (Inline eXtensible Business Reporting Language), (i) Balance Sheets, (ii) Statements of Operations, (iii) Statements of Stockholders’ Equity, (iv) Statements of Cash Flows, and (v) Notes to the Financial Statements.
+Added: Cover Page Interactive Data File (Embedded within the Inline XBRL document and included in Exhibit).
Filed herewith.
Certain exhibits and schedules have been omitted and the Company agrees to furnish supplementary to the Securities and Exchange Commission a copy of any omitted exhibits upon request.
−Removed: Pursuant to the requirements of the Securities
−Removed: Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
+Added: 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.
+Added: August 16, 2021
/s/ Adam Levy
1 unchanged sentence
(Principal Executive Officer)
−Removed: /s/ Adam Levy
−Removed: Interim Chief Financial Officer
−Removed: (Interim Principal Financial Officer)
+Added: Chief Financial Officer
+Added: (Principal Financial Officer)
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.