OTHER INFORMATION
−Removed: Trading Plans
−Removed: the third quarter of 2023, none of our directors or executive officers adopted or terminated any “Rule 10b5-1
−Removed: trading arrangement” or “non-Rule 10b5-1 trading arrangement” (as each term is defined in Item 408(a) of Regulation
−Removed: Offer Letter Entered into between Purple Innovation, LLC and Todd E.
−Removed: Vogensen dated September 19, 2023 (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K (File No.
−Removed: 001-37523) filed on September 21, 2023)
−Removed: First Amendment to Credit Agreement and Limited Waiver,
−Removed: dated November 6, 2023, between and among Purple Innovation, LLC, Purple Innovation, Inc., Intellibed, LLC, the ABL Lenders, the ABL
−Removed: Agent, the Swing Line Lender, and the Letter of Credit Issuer (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K (File No.
−Removed: filed on November 9, 2023).
−Removed: First Amendment to Term Loan Credit Agreement and Limited
−Removed: Waiver, dated November 6, 2023, between and among Purple Innovation, LLC, Purple Innovation, Inc., Intellibed, LLC,, the Term Loan
−Removed: Agent, and the Term Loan Lenders (incorporated by reference to Exhibit 10.2 to the Company’s Current Report on Form 8-K (File No.
−Removed: filed on November 9, 2023).
−Removed: Term Loan Credit Agreement dated as of August 7, 2023 between and among Purple Innovation, LLC, Purple Innovation, Inc., Intellibed, LLC, the Term Loan Agent and the Term Loan Lenders (incorporated by reference to Exhibit 10.8 to the Company’s Quarterly Report on Form 10-Q (File No.
−Removed: 001-37523) filed on August 9, 2023).
−Removed: Term Loan Pledge and Security
−Removed: Agreement dated as of August 7, 2023 (incorporated by reference to Exhibit 10.9 to the Company’s Quarterly Report on Form 10-Q
−Removed: 001-37523) filed on August 9, 2023)
−Removed: ABL Credit Agreement dated
−Removed: as of August 7, 2023 between and among Purple Innovation, LLC, Purple Innovation, Inc., Intellibed, LLC, the ABL Agent, the Swing
−Removed: Line Lender, the Letter of Credit Issuer and the ABL Lenders (incorporated by reference to Exhibit 10.10 to the Company’s Quarterly
−Removed: Report on Form 10-Q (File No.
−Removed: 001-37523) filed on August 9, 2023).
−Removed: ABL Pledge and Security Agreement dated as of August 7, 2023 (incorporated by reference to Exhibit 10.11 to the Company’s Quarterly Report on Form 10-Q (File No.
−Removed: 001-37523) filed on August 9, 2023).
+Added: 10b5-1 Trading Plans
+Added: During the first quarter of 2024,
+Added: none of our directors or executive officers adopted or terminated any “Rule 10b5-1 trading arrangement”
+Added: or “non-Rule 10b5-1 trading arrangement” as such terms are defined under Item 408 of Regulation S-K.
+Added: Amended and Restated Credit Agreement, dated January 23, 2024, by and among Purple Innovation, Inc., Purple Innovation, LLC, Intellibed, LLC, Coliseum Capital Partners, L.P., Blackwell Partners LLC - Series A, Harvest Small Cap Partners Master, Ltd., Harvest Small Cap Partners, L.P., HSCP Strategic IV, L.P., and Delaware Trust Company (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K (File No.
+Added: 001-37523) filed on January 23, 2024).
+Added: Form of Warrant (incorporated by reference to Exhibit 10.2 to the Company’s Current Report on Form 8-K (File No.
+Added: 001-37523) filed on January 23, 2024).
+Added: Amended and Restated Registration Rights Agreement, dated January 23, 2024, by and among Purple Innovation, Inc., Coliseum Capital Partners, L.P., Blackwell Partners LLC - Series A, Coliseum Capital Co-Invest III, L.P., Harvest Small Cap Partners Master, Ltd., Harvest Small Cap Partners, L.P., and HSCP Strategic IV, L.P.
+Added: (incorporated by reference to Exhibit 10.3 to the Company’s Current Report on Form 8-K (File No.
+Added: 001-37523) filed on January 23, 2024).
+Added: Amended and Restated Pledge and Security Agreement, dated January 23, 2024, by and among Purple Innovation, Inc., Purple Innovation, LLC, Intellibed, LLC, and Delaware Trust Company (incorporated by reference to Exhibit 10.4 to the Company’s Current Report on Form 8-K (File No.
+Added: 001-37523) filed on January 23, 2024).
+Added: Amendment to the Amended and Restated Employment Agreement dated January 26, 2024, between the Company and Robert T.
+Added: DeMartini (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K (File No.
+Added: 001-37523) filed on January 26, 2024).
+Added: Separation Agreement, dated February 2, 2024, between the Company and Casey McGarvey (incorporated by reference to Exhibit 99.1 to the Current Report on Form 8-K (File No.001-37523) filed on February 5, 2024).
Certification by Robert T.
14 unchanged sentences
Filed herewith.
−Removed: Indicates management contract
−Removed: or compensatory plan.
−Removed: Certain schedules and exhibits to this agreement have been omitted pursuant to Item 601(a)(5) of Regulation S-K.
−Removed: A copy of any omitted exhibit or schedule will be furnished supplementally to the SEC or its staff upon request.
−Removed: to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by
−Removed: the undersigned thereunto duly authorized.
+Added: Pursuant to the requirements
+Added: of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto
+Added: duly authorized.
PURPLE INNOVATION, INC.
−Removed: November 14, 2023
+Added: /s/ Robert T.
Chief Executive Officer
(Principal Executive Officer)
−Removed: November 14, 2023
Chief Financial Officer
(Principal Financial Officer)
−Removed: November 14, 2023
+Added: /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.