1 unchanged sentence
10b5-1 Trading Plans
−Removed: During the first quarter of 2024,
−Removed: none of our directors or executive officers adopted or terminated any “Rule 10b5-1 trading arrangement”
+Added: During the second quarter
+Added: of 2024, none of our directors or executive officers adopted or terminated any “Rule 10b5-1 trading arrangement”
or “non-Rule 10b5-1 trading arrangement” as such terms are defined under Item 408 of Regulation S-K.
−Removed: 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.
−Removed: 001-37523) filed on January 23, 2024).
−Removed: Form of Warrant (incorporated by reference to Exhibit 10.2 to the Company’s Current Report on Form 8-K (File No.
−Removed: 001-37523) filed on January 23, 2024).
−Removed: 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.
−Removed: (incorporated by reference to Exhibit 10.3 to the Company’s Current Report on Form 8-K (File No.
−Removed: 001-37523) filed on January 23, 2024).
−Removed: 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.
−Removed: 001-37523) filed on January 23, 2024).
−Removed: Amendment to the Amended and Restated Employment Agreement dated January 26, 2024, between the Company and Robert T.
−Removed: DeMartini (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K (File No.
−Removed: 001-37523) filed on January 26, 2024).
−Removed: 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).
+Added: of Designation of the Preferred Stock of the Company, dated June 28, 2024 (incorporated by reference to Exhibit 3.1 to the Company’s
+Added: Current Report on Form 8-K (File No.
+Added: 001-37523) filed on June 28, 2024).
+Added: Rights Agreement, dated June 27, 2024, between Purple Innovation, Inc.
+Added: and Pacific Stock Transfer Company (incorporated by reference
+Added: to Exhibit 4.1 to the Company’s Current Report on Form 8-K (File No.
+Added: 001-37523) filed on June 28, 2024).
+Added: First Amendment to the Second Amended and Restated Certificate of Incorporation (incorporated by reference to Exhibit 4.2 to the
+Added: Company’s Current Report on Form 8-K (File No.
+Added: 001-37523) filed on June 28, 2024).
+Added: Amended Form of Class A Common Stock certificate.
Certification by Robert T.
6 unchanged sentences
Vogensen, 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.
−Removed: 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
−Removed: Inline XBRL Taxonomy Extension Schema Document
−Removed: Inline XBRL Taxonomy Extension Calculation Linkbase Document
−Removed: Inline XBRL Taxonomy Extension Definition Linkbase Document
−Removed: Inline XBRL Taxonomy Extension Label Linkbase Document
−Removed: Inline XBRL Taxonomy Extension Presentation Linkbase Document
−Removed: 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.
−Removed: Filed herewith.
+Added: XBRL Instance Document
+Added: - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document
+Added: Inline XBRL Taxonomy Extension
+Added: Schema Document
+Added: Inline XBRL Taxonomy Extension
+Added: Calculation Linkbase Document
+Added: Inline XBRL Taxonomy Extension
+Added: Definition Linkbase Document
+Added: Inline XBRL Taxonomy Extension
+Added: Label Linkbase Document
+Added: Inline XBRL Taxonomy Extension
+Added: Presentation Linkbase Document
+Added: Cover Page Interactive
+Added: Data File––the cover page interactive data file does not appear in the Interactive Data File because its XBRL tags are
+Added: embedded within the Inline XBRL document.
Pursuant to the requirements
2 unchanged sentences
PURPLE INNOVATION, INC.
−Removed: /s/ Robert T.
+Added: August 5, 2024
Chief Executive Officer
(Principal Executive Officer)
+Added: August 5, 2024
Chief Financial Officer
(Principal Financial Officer)
−Removed: /s/ George T.
+Added: August 5, 2024
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.