Item 5. Other Information
Item 5. Other Information
Subsequent to September
30, 2020, effective November 6, 2020, the Company entered into a waiver agreement with the holder of the April 2020 Senior
Convertible Note and the August 2020 Senior Secured Convertible Note. Prior to the waiver agreement, the noteholder had the right,
at any time from and after October 30, 2020, in its sole discretion, to require the Company to redeem all, or any portion, of
the respective convertible notes. Under the waiver agreement, so long as no event of default has occurred and is continuing under
the convertible notes (unless waived in writing by the holder of the convertible notes), the noteholder waived this redemption
right until November 30, 2020. Furthermore, the waiver will be automatically extended for additional one-month periods, unless
the noteholder delivers notice to us of an election to terminate the waiver prior to the then-current end date for the waiver.
Item
6. Exhibits
The
exhibits filed as part of this Quarterly Report on Form 10-Q are set forth in the “ Exhibit Index ” below.
33
SIGNATURE
Pursuant
to the requirements of Section 13 or 15(d) 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.
PAVmed
Inc.
Date:
November 6, 2020
By:
/s/
Dennis M. McGrath
Dennis
M. McGrath
President
and Chief Financial Officer
(Principal
Financial and Accounting Officer)
34
EXHIBIT
INDEX
Exhibit
No.
Description
3.1
Certificate of Amendment to the Certificate of Incorporation dated July 24, 2020. (1)
10.1
Form
of Securities Purchase Agreement dated August 6, 2020. (2)
10.2
Form
of Senior Convertible Note dated August 6, 2020. (2)
10.3
Form of Amended and Restated Security Agreement dated August 6, 2020. (2)
10.4
Form of Amended and Restated Guaranty dated August 6, 2020. (2)
31.1
Certification
of Principal Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. †
31.2
Certification
of Principal Financial and Accounting Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. †
32.1
Certification
of Principal Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002. †
32.2
Certification
of Principal Financial and Accounting Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002. †
101.INS
XBRL
Instance Document
101.SCH
XBRL
Taxonomy Extension Schema
101.CAL
Taxonomy
Extension Calculation Linkbase
101.DEF
XBRL
Taxonomy Extension Definition Linkbase
101.LAB
XBRL
Taxonomy Extension Label Linkbase
101.PRE
XBRL
Taxonomy Extension Presentation Linkbase
†
Filed
herewith
(1)
Incorporated
by reference to the Current Report on Form 8-K filed by the Company on July 27, 2020.
(2)
Incorporated
by reference to the Current Report on Form 8-K filed by the Company on August 6, 2020.
35
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.