OTHER INFORMATION
−Removed: EXHIBITS to be updated
−Removed: Separation Agreement entered
−Removed: into between Purple Innovation, LLC and John A.
−Removed: Legg dated April 13, 2022 (incorporated by reference to Exhibit 99.1 to the Current
−Removed: Report on Form 8-K (File No.
−Removed: 001-37523) filed with the SEC on April 14, 2022).
−Removed: 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.
−Removed: 001-37523) filed with the SEC on May 3, 2022).
−Removed: Purple Innovation, Inc.
−Removed: 2022 Short-Term Cash Incentive Plan, dated as of May 26, 2022 (incorporated by reference to Exhibit 99.1 to the Current Report on
−Removed: Form 8-K (File No.
−Removed: 001-37523) filed with the SEC on June 1, 2022.
−Removed: Second Amendment to Purple
−Removed: Innovation, Inc.
−Removed: 2017 Equity Incentive Plan dated June 2, 2022 (incorporated by reference to Exhibit 99.1 to the Current Report on
−Removed: Form 8-K (File No.
−Removed: 001-37523) filed with the SEC on June 3, 2022.
+Added: Merger Agreement, dated as of August 31, 2022, by and among Purple Innovation, Inc., Gelato Intermediate, LLC, Gelato Merger Sub, Inc., Advanced Comfort Technologies, Inc., and D.
+Added: Scott Peterson (incorporated by reference to Exhibit 2.1 to the Current Report on Form 8-K (File No.
+Added: 001-37523) filed with the SEC on September 1, 2022).
+Added: Second Amended and Restated Certificate of Incorporation (incorporated by reference to Exhibit 3.1 to the Quarterly Report on Form 10-Q (File No.
+Added: 001-37523) filed with the SEC on November 6, 2019).
+Added: Certificate of Designation of the Preferred Stock of the Company, dated September 26, 2022 (incorporated by reference to Exhibit 3.1 to the Current Report on Form 8-K (File No.
+Added: 001-37523) filed with the SEC on September 27, 2022).
+Added: Stockholder Rights Agreement, dated as of September 25, 2022, by and between the Company and Pacific Stock Transfer Company, as rights agent (which includes the Form of Rights Certificate as Exhibit B thereto) (incorporated by reference to Exhibit 4.1 to the Current Report on Form 8-K (File No.
+Added: 001-37523) filed with the SEC on September 27, 2022).
+Added: Second Consultancy Agreement, dated as of August 11, 2022, by and among Bennett Nussbaum 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 August 16, 2022).
Certification by Robert T.
22 unchanged sentences
Filed herewith.
−Removed: Indicates management contract or compensatory plan.
+Added: Indicates management contract
+Added: or compensatory plan.
+Added: (1) Certain schedules and exhibits to this agreement have been
+Added: omitted pursuant to Item 601(a)(5) of Regulation S-K.
+Added: A copy of any omitted exhibit or schedule will be furnished supplementally to the
+Added: SEC or its staff upon request.
Pursuant to the requirements
2 unchanged sentences
PURPLE INNOVATION, INC.
−Removed: August 9, 2022
−Removed: /s/ Robert T.
+Added: November 9, 2022
Chief Executive Officer
(Principal Executive Officer)
−Removed: August 9, 2022
−Removed: /s/ Bennett L.
+Added: November 9, 2022
Interim Chief Financial Officer
(Principal Financial Officer)
−Removed: August 9, 2022
−Removed: /s/ George T.
+Added: November 9, 2022
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.