Item 5. Other Information
ITEM 5. OTHER INFORMATION
10b5-1 Trading Plans
During the second quarter
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.
35
ITEM 6. EXHIBITS
Number
Description
3.1
Certificate
of Designation of the Preferred Stock of the Company, dated June 28, 2024 (incorporated by reference to Exhibit 3.1 to the Company’s
Current Report on Form 8-K (File No. 001-37523) filed on June 28, 2024).
4.1
Stockholder
Rights Agreement, dated June 27, 2024, between Purple Innovation, Inc. and Pacific Stock Transfer Company (incorporated by reference
to Exhibit 4.1 to the Company’s Current Report on Form 8-K (File No. 001-37523) filed on June 28, 2024).
4.2
Proposed
First Amendment to the Second Amended and Restated Certificate of Incorporation (incorporated by reference to Exhibit 4.2 to the
Company’s Current Report on Form 8-K (File No. 001-37523) filed on June 28, 2024).
4.3*
Amended Form of Class A Common Stock certificate.
31.1*
Certification by Robert T. 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.
31.2*
Certification by Todd E. Vogensen, 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 Robert T. 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.
32.2*
Certification by Todd E. 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.
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.
36
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: August 5, 2024
By:
/s/
Robert T. DeMartini
Robert T. DeMartini
Chief Executive Officer
(Principal Executive Officer)
Date: August 5, 2024
By:
/s/ Todd E.
Vogensen
Todd E. Vogensen
Chief Financial Officer
(Principal Financial Officer)
Date: August 5, 2024
By:
/s/
George T. Ulrich
George T. Ulrich
VP Accounting and Financial Reporting
(Principal Accounting Officer)
37
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.