Item 5. Other Information
Item 5. Other Information
None .
Item 6. Exhibits
Exhibit
No.
Description
3.1
Certificate of Amendment to Articles of Incorporation
of Agrify Corporation, filed January 22, 2024 (incorporated by reference to Exhibit 3.1 to the Company’s Current Report on
Form 8-K filed with the Securities and Exchange Commission on January 25, 2024).
4.1
Senior Secured Amended, Restated and Consolidated
Convertible Note dated January 25, 2024 (incorporated by reference to Exhibit 4.1 to the Company’s Current Report on Form 8-K
filed with the Securities and Exchange Commission on January 25, 2024).
4.2
Form of Pre-Funded Warrant (incorporated by
reference to Exhibit 4.21 to Amendment No. 1 to the Company’s Registration Statement on Form S-1 filed with the Securities
and Exchange Commission on February 8, 2024).
4.3
Form of Placement Agent Warrant (incorporated
by reference to Exhibit 4.22 to Amendment No. 2 to the Company’s Registration Statement on Form S-1 filed with the Securities
and Exchange Commission on February 14, 2024).
10.1
Agrify 2022 Omnibus Equity Incentive Plan, as
amended (incorporated by reference to Appendix A to the Company’s Definitive Proxy Statement on Schedule 14A filed with the
Securities and Exchange Commission on December 18, 2023).
10.2
Term Sheet between Nature’s Miracle Holding
Inc. and Agrify Corporation (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with
the Securities and Exchange Commission on April 22, 2024).
10.3
Term Sheet between Nature’s Miracle Holding
Inc., CP Acquisitions LLC and GIC Acquisition, LLC (incorporated by reference to Exhibit 10.2 to the Company’s Current Report
on Form 8-K filed with the Securities and Exchange Commission on April 22, 2024).
31.1*
Rule 13(a)-14(a)/15(d)-14(a) Certification of principal executive officer and principal financial and accounting officer
32.1**
Section 1350 Certification of principal executive officer and principal financial and accounting officer
101.INS
Inline XBRL Instance 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 (formatted
as Inline XBRL and contained in Exhibit 101).
* Filed herewith.
** Furnished herewith in accordance
with Item 601 (b)(32) of Regulation S-K.
† Certain confidential portions
of this exhibit were omitted pursuant to Item 601(b)(2)(ii) of Regulation S-K because the identified confidential portions (i) are not
material and (ii) are customarily and actually treated as private or confidential by the Company.
† † Schedules and exhibits
have been omitted pursuant to Item 601(a)(5) of Regulation S-K. The registrant hereby undertakes to furnish copies of any of the omitted
schedules and exhibits upon request by the U.S. Securities and Exchange Commission.
46
SIGNATURES
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.
AGRIFY
CORPORATION
By:
/s/
Raymond Chang
Raymond Chang
Chief Executive Officer
(Principal Executive Officer
and
Principal Financial and Accounting Officer)
Date: August
14, 2024
47
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.