OTHER INFORMATION
−Removed: On November 8, 2021, Purple LLC and Mattress Firm agreed to terminate the
−Removed: Master Retailer Agreement (the “Agreement”) dated September 18, 2018 between Purple and Mattress Firm.
−Removed: The Agreement was replaced
−Removed: by a new Master Retailer Agreement with terms consistent with the Company’s standard retailer agreement.
−Removed: The replacement agreement
−Removed: eliminates all of the prior exclusivity arrangements.
−Removed: Amendment to Purple Innovation, Inc.
−Removed: 2017 Equity Incentive Plan dated July 12, 2021.
−Removed: Restated and Amended Purple Innovation, Inc.
−Removed: 2019 Long-Term Equity Incentive Plan, dated as of July 12, 2021.
−Removed: Form of Restricted Share Unit Agreement.
−Removed: Form of Performance-Based Share Unit Agreement.
−Removed: Purple Innovation, Inc.
−Removed: 2021 Short-Term Cash Incentive Plan, dated as of July 12, 2021.
−Removed: Consultancy Agreement entered into between Purple Innovation, LLC and Bennett Nussbaum dated August 19, 2021.
−Removed: Certification by Joseph B.
−Removed: 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.
+Added: First Amendment to the 2020 Credit Agreement dated February 28, 2022 between and among Purple Innovation, LLC, Purple Innovation, Inc., KeyBank National Association, and the other lenders party thereto (incorporated by reference to Exhibit 10.60 to the Annual Report on Form 10-K (File No.
+Added: 001-37523) filed with the SEC on March 1, 2022).
+Added: Amended and Restated Employment Agreement, dated as of March 19, 2022, by and among Robert T.
+Added: DeMartini and Purple Innovation, Inc.
+Added: (incorporated by reference to Exhibit 99.1 to the Current Report on Form 8-K (File No.
+Added: 001-37523) filed with the SEC on March 22, 2022).
+Added: Second Amendment to the 2020 Credit Agreement dated March 23, 2022 by and among Purple Innovation, LLC, Purple Innovation, Inc., KeyBank National Association, and the other lenders party thereto (incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K (File No.
+Added: 001-37523) filed with the SEC on March 24, 2022).
+Added: Separation Agreement entered into between Purple Innovation, LLC and John A.
+Added: Legg dated April 13, 2022 (incorporated by reference to Exhibit 99.1 to the Current Report on Form 8-K (File No.
+Added: 001-37523) filed with the SEC on April 14, 2022).
+Added: Offer letter dated as of April 29, 2022, signed by Eric Haynor (incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K (File No.
+Added: 001-37523) filed with the SEC on April 29, 2022) .
+Added: Certification by Robert T.
+Added: DeMartini, 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.
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.
−Removed: Certification by Joseph B.
−Removed: 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.
+Added: Certification by Robert T.
+Added: DeMartini, 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.
Certification by Bennett L.
8 unchanged sentences
Filed herewith.
−Removed: Indicates management contract or compensatory plan.
−Removed: Previously filed as an Exhibit to the Current Report on Form 8-K filed July 13, 2021.
−Removed: Previously filed as an Exhibit to the Current Report on Form 8-K filed August 24, 2021.
−Removed: Pursuant to the requirements
−Removed: of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto
−Removed: duly authorized.
+Added: Indicates management contract
+Added: or compensatory plan.
+Added: to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by
+Added: the undersigned thereunto duly authorized.
PURPLE INNOVATION, INC.
−Removed: November 9, 2021
−Removed: /s/ Joseph B.
Chief Executive Officer
(Principal Executive Officer)
−Removed: November 9, 2021
−Removed: /s/ Bennett L.
Interim Chief Financial Officer
(Principal Financial Officer)
−Removed: November 9, 2021
−Removed: /s/ George T.
VP Accounting and Financial Reporting
1 unchanged sentence
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.