−Removed: Indenture dated as of October 3, 2023, between the Company and Wilmington Trust, National Association, as trustee.
−Removed: First Supplemental Indenture dated as of October 3, 2023, between the Company and Wilmington Trust, National Association, as trustee.
−Removed: Form of 9.00% Senior Notes due 2027 (included as Exhibit A to 4.2 above)
−Removed: First Amendment to Credit Agreement dated October 10, 2023 by and among the Company, SWK Funding LLC, the financial institutions party thereto and First Horizon Bank as a Lender and Agent.
−Removed: Certification of Chief Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
−Removed: Certification of Chief Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
−Removed: Certification of Chief Executive Officer pursuant to 18 U.S.C.
−Removed: Section 1350, adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.*
−Removed: Certification of Chief Financial Officer pursuant to 18 U.S.C.
+Added: Exclusive Option and Asset Purchase Agreement, by and between Enteris Biopharma, Inc., SWK Holdings Corporation and AptarGroup, Inc., dated March 13, 2024.
+Added: Consulting Agreement, by and between SWK Holdings Corporation and Yvette Heinrichson, dated February 14, 2024.**
+Added: Certification of Principal Executive Officer and Principal Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
+Added: Certification of Principal Executive Officer and Principal Financial Officer pursuant to 18 U.S.C.
Section 1350, adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.*
5 unchanged sentences
certifications accompany this Quarterly Report on Form 10-Q.
−Removed: They are not deemed “filed” with the Securities and Exchange
−Removed: Commission and are not to be incorporated by reference in any filing of SWK Holdings Corporation under the Securities Act of 1933,
−Removed: as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date hereof and irrespective
−Removed: of any general incorporation language in any filings.
−Removed: information is furnished and not filed or a part of a registration statement or prospectus for purposes of Sections 11 or 12 of
−Removed: the Securities Act of 1933, as amended, is deemed not filed for purposes of Section 18 of the Securities Exchange Act of 1934,
−Removed: as amended, and otherwise is not subject to liability under these sections.
−Removed: to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the Registrant has duly caused this report to
−Removed: be signed on its behalf by the undersigned, thereunto duly authorized, on November 8, 2023.
+Added: They are not deemed “filed”
+Added: with the Securities and Exchange Commission and are not to be incorporated by reference in
+Added: any filing of SWK Holdings Corporation under the Securities Act of 1933, as amended, or the
+Added: Securities Exchange Act of 1934, as amended, whether made before or after the date hereof
+Added: and irrespective of any general incorporation language in any filings.
+Added: ** Management
+Added: contracts and compensatory plans and arrangements required to be filed as exhibits pursuant
+Added: to Item 15(b) of this report.
+Added: information is furnished and not filed or a part of a registration statement or prospectus
+Added: for purposes of Sections 11 or 12 of the Securities Act of 1933, as amended, is deemed not
+Added: filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and
+Added: otherwise is not subject to liability under these sections.
+Added: portions of this exhibit have been redacted pursuant to Item 601(b)(10)(iv) of Regulation
+Added: The registrant agrees to furnish supplementally an unredacted copy of the exhibit to
+Added: the SEC upon request.
+Added: and/or schedules to this exhibit have been omitted pursuant to Item 601(a)(5) of Regulation
+Added: The registrant agrees to furnish supplementally copies of any omitted exhibits or schedules
+Added: to the SEC upon request;
+Added: provided, however, that the registrant may request confidential
+Added: treatment pursuant to Rule 24b-2 of the Exchange Act for any exhibits or schedules so furnished.
+Added: to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the Registrant has duly caused this report
+Added: to be signed on its behalf by the undersigned, thereunto duly authorized, on May 15, 2024.
Holdings Corporation
−Removed: and Chief Executive Officer
Executive Officer
−Removed: Financial Officer
−Removed: Financial Officer)
+Added: Executive Officer, Principal Financial and Accounting Officer)
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.