Item 5. Other Information
Item 5. Other Information
None.
35
Item 6. Exhibits
Exhibits and Financial Statement Schedules.
(a)
Exhibits.
Exhibit Number
Description of Document
3.1*
Certificate of Incorporation, as amended and as currently in effect.
3.2*
Amended and Restated Bylaws.
4.1*
Form of Specimen stock certificate evidencing shares of common stock.
4.2**
Warrant Agreement between the Company and Continental Stock Transfer and Trust company as warrant agent dated as of September 16, 2022
4.3*
Form of Warrant Certificate (filed as part of Exhibit 4.2)
10.1****
Joint Venture Agreement between the Company and Wider Come Limited dated as of May 31, 2023.
10.2****
Employment Agreement between the Company and Mark White dated as of July 1, 2023.
10.3****
Services Agreement between the Company and David Owens, M.D. dated as of July 1, 2023.
10.4*
Quality Assurance Agreement between the Company and Apical Instruments dated December 31, 2020.
10.5*
Advisor Agreement with Leonard Osser dated as of December 22,2021.
10.6*
Advisor Agreement with Tucker Anderson dated as of December 24, 2021.
10.7*
Advisor Agreement with Gian Domenico Trombetta dated December 24, 2021.
10.8*
Employment Agreement between the Company and Marilyn Elson dated as of January 11, 2022
10.9*
Amendment and Deferral Agreement dated as of March 30, 2022 to Consulting Agreement between the Company and US Asian Consulting Group LLC
10.11****
Employment Agreement between the Company and Michael Nketiah dated as of July 1, 2023.
10.12*
Form of Lock-Up Agreement.
10.13*
Consulting Agreement dated as of May 9, 2018 as amended between the Company and US Asian Consulting Group, LLC, as amended on January 2, 2019 and March 4, 2021
10.14***
Amended and Restated Promissory Note in favor of Mark White dated as of January 1, 2023.
10.15*
Distribution Authorization Agreement dated as of May 1, 2019 with Wider Come Limited.
31.1 ⸹
Certification of the Chief Executive Officer pursuant to Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934, as amended.
32.1 ⸹
Certification of the Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
99.1*
Code of Ethics
99.2*
Audit Committee Charter
99.3*
Compensation Committee Charter
99.4*
Nominating and Corporate Governance Committee Charter
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).
*
Previously filed as an exhibit to Form S-1 as declared effective by the SEC on September 15, 2022 (SEC File Number 333-261989).
**
Previously filed as an exhibit to Form 8-K/A as filed with the SEC on September 20, 2022.
***
Previously filed as an exhibit to Form 10-Q as filed with the SEC on May 10, 2023.
****
Previously filed as an exhibit to Form 10-Q as filed with the SEC on August 10, 2023.
⸹
Filed as an exhibit to this Form 10-Q.
36
SIGNATURES
Pursuant to the requirements of the Securities Exchange
Act of 1934, the Registrant has duly caused this Report on Form 10-Q to be signed on its behalf by the undersigned thereunto duly authorized
on the 10 th day of May, 2024.
NEXALIN TECHNOLOGY, INC.
By:
/s/ Mark White
Mark White
Chief Executive Officer
Principal Executive Officer
Principal Financial Officer
37
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.