Item 5. Other Information
ITEM 5. OTHER INFORMATION
On November 8, 2021, Purple LLC and Mattress Firm agreed to terminate the
Master Retailer Agreement (the “Agreement”) dated September 18, 2018 between Purple and Mattress Firm. The Agreement was replaced
by a new Master Retailer Agreement with terms consistent with the Company’s standard retailer agreement. The replacement agreement
eliminates all of the prior exclusivity arrangements.
54
ITEM 6. EXHIBITS
Number
Description
10.1+ (1)
Amendment to Purple Innovation, Inc. 2017 Equity Incentive Plan dated July 12, 2021.
10.2+ (1)
Restated and Amended Purple Innovation, Inc. 2019 Long-Term Equity Incentive Plan, dated as of July 12, 2021.
10.3+ (1)
Form of Restricted Share Unit Agreement.
10.4+ (1)
Form of Performance-Based Share Unit Agreement.
10.5+ (1)
Purple Innovation, Inc. 2021 Short-Term Cash Incentive Plan, dated as of July 12, 2021.
10.6+ (2)
Consultancy Agreement entered into between Purple Innovation, LLC and Bennett Nussbaum dated August 19, 2021.
31.1*
Certification by Joseph B. Megibow, Chief Executive Officer, pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
31.2*
Certification by Bennett L. Nussbaum, Interim Chief Financial Officer, pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
32.1*
Certification by Joseph B. Megibow, Chief Executive Officer, pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
32.2*
Certification by Bennett L. Nussbaum, Interim Chief Financial Officer, pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
101.INS
XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL 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––the cover page interactive data file does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document.
*
Filed herewith.
+
Indicates management contract or compensatory plan.
(1)
Previously filed as an Exhibit to the Current Report on Form 8-K filed July 13, 2021.
(2)
Previously filed as an Exhibit to the Current Report on Form 8-K filed August 24, 2021.
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SIGNATURE
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.
PURPLE INNOVATION, INC.
Date: November 9, 2021
By:
/s/ Joseph B. Megibow
Joseph B. Megibow
Chief Executive Officer
(Principal Executive Officer)
Date: November 9, 2021
By:
/s/ Bennett L. Nussbaum
Bennett L. Nussbaum
Interim Chief Financial Officer
(Principal Financial Officer)
Date: November 9, 2021
By:
/s/ George T. Ulrich
George T. Ulrich
VP Accounting and Financial Reporting
(Principal Accounting Officer)
56
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.