3 unchanged sentences
The following is an index of the exhibits included in this report:
−Removed: 4.1 Indenture, dated as of March 25, 2021 among Tempur Sealy International, Inc., the Guarantors party thereto and The Bank of New York Mellon Trust Company, N.A., as Trustee (filed as Exhibit 4.1 to the Registrant’s Current Report on Form 8-K as filed on March 25, 2021).
−Removed: 10.1 Purchase Agreement, dated March 11, 2021 among Tempur Sealy International, Inc., the Guarantors named therein, and J.P.
−Removed: Morgan Securities LLC, as representative of the Initial Purchasers named therein (filed as Exhibit 10 .1 to the Registrant’s Current Report on Form 8-K as filed on March 16 , 2021).
+Added: 3.1 Second Certificate of Amendment to the Amended and Restated Certificate of Incorporation (filed as Exhibit 3.1 to the Registrant's Current Report on Form 8-K as filed on May 10, 2021).
10.1 Omnibus Amendment No.
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10.2 Annex A to Omnibus Amendment No.
−Removed: 2 - Amended and Restated Receivables Sale Agreement, dated as of April 6, 2021, by and between Sealy Mattress Manufacturing Company, LLC, as seller, and Tempur-Pedic North America, LLC, as purchaser (filed as Exhibit 10.
−Removed: 2 to the Registrant’s Current Report on Form 8-K as filed on April 8, 2021).
+Added: 2 - Amended and Restated Receivables Sale Agreement, dated as of April 6, 2021, by and between Sealy Mattress Manufacturing Company, LLC, as seller, and Tempur-Pedic North America, LLC, as purchaser (filed as Exhibit 10.2 to the Registrant’s Current Report on Form 8-K as filed on April 8, 2021).
10.3 Annex B to Omnibus Amendment No.
−Removed: 2 - Amended and Restated Receivables Sale and Contribution Agreement, dated as of April 6, 2021, by and between Tempur-Pedic North America, LLC, as seller and contributor, and Tempur Sealy Receivables, LLC, as purchaser and contributee (filed as Exhibit 10.
−Removed: 3 to the Registrant’s Current Report on Form 8-K as filed on April 8, 2021).
+Added: 2 - Amended and Restated Receivables Sale and Contribution Agreement, dated as of April 6, 2021, by and between Tempur-Pedic North America, LLC, as seller and contributor, and Tempur Sealy Receivables, LLC, as purchaser and contributee (filed as Exhibit 10.3 to the Registrant’s Current Report on Form 8-K as filed on April 8, 2021).
10.4 Annex C to Omnibus Amendment No.
−Removed: 2 - Amended and Restated Credit and Security Agreement, dated as of April 6, 2021, among Tempur Sealy International, Inc., as master servicer, Tempur Sealy Receivables, LLC, as borrower, the Lenders from time to time party thereto, and Wells Fargo Bank, National Association, as administrative agent (filed as Exhibit 10.
−Removed: 4 to the Registrant’s Current Report on Form 8-K as filed on April 8, 2021).
−Removed: 10.6 2 021 Amended and Restated Non-Employee Director Compensation Plan.
−Removed: 22 List of Subsidiary Guarantors
+Added: 2 - Amended and Restated Credit and Security Agreement, dated as of April 6, 2021, among Tempur Sealy International, Inc., as master servicer, Tempur Sealy Receivables, LLC, as borrower, the Lenders from time to time party thereto, and Wells Fargo Bank, National Association, as administrative agent (filed as Exhibit 10.4 to the Registrant’s Current Report on Form 8-K as filed on April 8, 2021).
+Added: 10.5 Share Purchase Agreement, dated May 26, 2021 among Dreams Topco Limited, Project Dream S.à r.l., the management sellers named therein, Tempur Sealy (UK) Limited and Tempur Sealy International, Inc.
+Added: ( filed as Exhibit 10.1 to the Registrant's Current Report s on Form 8-K and Form 8-K/A as filed on May 27, 2021 ).
+Added: 10.6 A mendment No.
+Added: 4 dated May 26, 2021, by and among Tempur Sealy International, Inc ., as parent borrower, Tempur-Pedic Management, LLC, as additional borrower, the subsidiary guarantors party thereto, the several bank s and other financial institutions party th ereto, and JPMorgan Chase Bank, N.A., as administrative agen t (filed as Exhibit 10.2 to the Registrant's Current Report s on Form 8-K and Form 8-K/A as filed on May 27, 2021).
31.1 Certification of Chief Executive Officer, pursuant to Securities Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
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Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
−Removed: 101 The following materials from Tempur Sealy International, Inc.'s Quarterly Report on Form 10-Q for the quarter ended March 31, 2021, formatted in Inline XBRL (eXtensible Business Reporting Language):
+Added: 101 The following materials from Tempur Sealy International, Inc.'s Quarterly Report on Form 10-Q for the quarter ended June 30, 2021, formatted in Inline XBRL (eXtensible Business Reporting Language):
(i) the Condensed Consolidated Statements of Income, (ii) the Condensed Consolidated Statements of Comprehensive Income, (iii) the Condensed Consolidated Balance Sheets, (iv) the Condensed Consolidated Statements of Stockholders' Equity, (v) the Condensed Consolidated Statements of Cash Flows, and (vi) the Notes to Condensed Consolidated Financial Statements.
−Removed: 104 The cover page from the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2021, formatted in Inline XBRL.
+Added: 104 The cover page from the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2021, formatted in Inline XBRL.
(1) Incorporated by reference.
−Removed: (2) Indicates management contract or compensatory plan or arrangement.
* This exhibit shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (15 U.S.C.
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TEMPUR SEALY INTERNATIONAL, INC.
−Removed: May 6, 2021 By:
+Added: August 4, 2021 By:
/s/ BHASKAR RAO
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.