SkinHealth Systems Inc. 10-Q

Item 5. Other Information. None. 49 Table of Contents Item 6. Exhibits. The following exhibits are filed as part of, or incorporated by reference into, this Quarterly Report on Form 10-Q. No. Description of Exhibit Form File No. Exhibit Filing Date Filed Herewith 2.1 Agreement and Plan of Merger, dated as of December 8, 2020, by and among Vesper Healthcare Acquisition Corp., Hydrate Merger Sub I, Inc., Hydrate Merger Sub II, LLC, LCP Edge Intermediate, Inc. and LCP Edge Holdco, LLC, in its capacity as the Stockholders’ Representative 8-K 001-39565 2.1 December 9, 2020 3.1 Second Amended and Restated Certificate of Incorporation of The Beauty Health Company 8-K 001-39565 3.1 May 10, 2021 3.2 Amended and Restated Bylaws of The Beauty Health Company 8-K 001-39565 3.2 May 10, 2021 4.1 Indenture, dated as of September 14, 2021, between The Beauty Health Company and U.S. Bank National Association, as trustee 8-K 001-39565 4.1 September 14, 2021 4.2 Form of certificate representing the 1.25% Convertible Senior Notes due 2026 (included as Exhibit A to Exhibit 4.1) 8-K 001-39565 4.2 September 14, 2021 10.1# The Beauty Health Company 2021 Incentive Award Plan 8-K 001-39565 10.1 April 30, 2021 10.2# The Beauty Health Company 2021 Employee Stock Purchase Plan 8-K 001-39565 10.2 April 30, 2021 10.3# Form of Confirmation for Capped Call Transactions 8-K 001-39565 10.1 September 14, 2021 31.1* Certification of Principal Executive Officer Pursuant to Securities Exchange Act Rules 13a-14(a), as adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 X 31.2* Certification of Principal Financial Officer Pursuant to Securities Exchange Act Rules 13a-14(a), as adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 X 32.1* Certification of Principal Executive Officer Pursuant to 18 U.S.C. Section 1350, as adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 X 32.2* Certification of Principal Financial Officer Pursuant to 18 U.S.C. Section 1350, as adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 X 99.1 Notice of Redemption dated October 4, 2021 8-K 001-39565 99.2 October 4, 2021 101.INS** Inline XBRL Instance Document X 101.SCH** Inline XBRL Taxonomy Extension Schema Document X 101.CAL** Inline XBRL Taxonomy Extension Calculation Linkbase Document X 101.DEF** Inline XBRL Taxonomy Extension Definition Linkbase Document X 101.LAB** Inline XBRL Taxonomy Extension Labels Linkbase Document X 101.PRE** Inline XBRL Taxonomy Extension Presentation Linkbase Document X 104** Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101 attachments ________ * These certifications are being furnished solely to accompany this quarterly report pursuant to 18 U.S.C. Section 1350, and are not being filed for purposes of Section 18 of the Securities Exchange Act of 1934 and are not to be incorporated by reference into any filing of the registrant, whether made before or after the date hereof, regardless of any general incorporation language in such filing. ** The XBRL related information in Exhibit 101 shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to liability of that section and shall not be incorporated by reference into any filing or other document pursuant to the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such filing or document. # Management contract or compensatory plan or arrangement. 50 Table of Contents 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. THE BEAUTY HEALTH COMPANY Date: November 12, 2021 By: /s/ Clinton E. Carnell Name: Clinton E. Carnell Title: Chief Executive Officer (Principal Executive Officer) Date: November 12, 2021 By: /s/ Liyuan Woo Name: Liyuan Woo Title: Chief Financial Officer (Principal Accounting Officer and Financial Officer) 51