6 unchanged sentences
Management’s Annual Report on Internal Control over Financial Reporting
−Removed: This Annual Report does not include a report of management’s assessment regarding internal control over financial reporting or an attestation report of the Company’s registered public accounting firm due to a transition period established by rules of the SEC for newly public companies.
+Added: Our management is responsible for establishing and maintaining adequate internal control over financial reporting, as defined in Rules 13a-15(f) and 15d-15(f) of the Exchange Act.
+Added: Our management, under the supervision and with the participation of our Chief Executive Officer and Chief Financial Officer, conducted an evaluation of the effectiveness of our internal control over financial reporting as of December 26, 2021 based on the framework in Internal Control-Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (2013 Framework).
+Added: Based on the results of its evaluation, management concluded that our internal control over financial reporting was effective as of December 26, 2021.
Attestation Report of the Registered Public Accounting Firm
3 unchanged sentences
Other Information.
+Added: Disclosure Regarding Foreign Jurisdictions that Prevent Inspections.
+Added: Not Applicable.
Directors, Executive Officers and Corporate Governance.
−Removed: The information required by this item is incorporated by reference to the information set forth in the sections titled “Proposal 1 – Election of Directors,” “Executive Officers,” and “Information Regarding the Board and Corporate Governance” and “Delinquent Section 16(a) Reports,” if any, in our proxy statement for our 2021 annual meeting of stockholders to be filed with the Securities and Exchange Commission, or SEC, within 120 days after the end of our fiscal year ended December 27, 2020, or the 2021 Proxy Statement.
+Added: The information required by this item is incorporated by reference to the information set forth in the sections titled “Proposal 1 – Election of Directors,” “Executive Officers,” and “Information Regarding the Board and Corporate Governance” and “Delinquent Section 16(a) Reports,” if any, in our proxy statement for our 2022 annual meeting of stockholders to be filed with the Securities and Exchange Commission, within 120 days after the end of our fiscal year ended December 26, 2021, or the 2022 Proxy Statement.
Executive Compensation
The information required by this item is incorporated by reference to the information set forth in the section titled “Executive Officer and Director Compensation” in our 2022 Proxy Statement.
−Removed: Security Ownership of Certain B eneficial Owners and Management and Related Stockholder Matters
+Added: Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters
The information required by this item is incorporated by reference to the information set forth in the section titled “Security Ownership of Certain Beneficial Owners and Management and “Equity Compensation Plan Information” in our 2022 Proxy Statement.
1 unchanged sentence
The information required by this item is incorporated by reference to the information set forth in the section titled “Transactions with Related Persons” and “Information Regarding the Board and Corporate Governance – Board Independence” in our 2022 Proxy Statement.
−Removed: Principal Accounting Fees and Services
+Added: Principal Accountant Fees and Services
The information required by this item is incorporated by reference to the information set forth in the sections titled “Independent Registered Public Accounting Firm Fees” and “Pre-Approval Policies and Procedures” contained in our 2022 Proxy Statement.
−Removed: Exhibits, Financial Statement Schedules.
+Added: Exhibit and Financial Statement Schedules.
(a)(1) Financial Statements.
3 unchanged sentences
(a)(3) Exhibits.
−Removed: Amended and Restated Certificate of Incorporation, as currently in effect (incorporated herein by reference to Exhibit 3.1 to the Company’s Current Report on Form 8-K (File No.
−Removed: 001-39411), filed with the SEC on August 4, 2020).
−Removed: Amended and Restated Bylaws, as currently in effect (incorporated herein by reference to Exhibit 3.2 to the Company’s Current Report on Form 8-K (File No.
+Added: Amended and Restated Certificate of Incorporation, as currently in effect (incorporated herein by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K (File No.
+Added: 001-39411), filed with the Securities and Exchange Commission (the “SEC”) on August 4, 2020).
+Added: Amended and Restated Bylaws, as currently in effect (incorporated herein by reference to Exhibit 3.2 to the Registrant’s Current Report on Form 8-K (File No.
001-39411), filed with the SEC on August 4, 2020).
Form of Common Stock Certificate (incorporated herein by reference to Exhibit 4.1 to the Registrant’s Registration Statement on Form S-1/A (File No.
−Removed: 333-239772), filed with the Commission on July 24, 2020).
−Removed: Ninth Amended and Restated Stockholders Agreement, by and among the Company and certain of its stockholders, dated July 6, 2020 (incorporated herein by reference to Exhibit 10.1 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Description of Registered Securities
−Removed: 2013 Incentive Plan (incorporated herein by reference to Exhibit 10.2 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Forms of Grant Notice, Stock Option Agreement and Notice of Exercise under the 2020 Equity Incentive Plan (incorporated herein by reference to Exhibit 10.5 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Forms of Grant Notice, Stock Option Agreement and Stock Purchase Agreement under the 2013 Incentive Plan (incorporated herein by reference to Exhibit 10.3 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: 2020 Equity Incentive Plan (incorporated herein by reference to Exhibit 4.8 to the Company’s Registration on Form S-8 (File No.
333-239772), filed with the SEC on July 24, 2020).
−Removed: Forms of Grant Notice, Stock Option Agreement and Notice of Exercise under the 2020 Equity Incentive Plan (incorporated herein by reference to Exhibit 10.5 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Forms of Employee Restricted Stock Unit Grant Notice and Award Agreement under the 2020 Equity Incentive Plan (incorporated herein by reference to Exhibit 10.6 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Forms of Non-Employee Director Restricted Stock Unit Grant Notice and Award Agreement under the 2020 Equity Incentive Plan (incorporated herein by reference to Exhibit 10.7 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: 2020 Employee Stock Purchase Plan (incorporated herein by reference to Exhibit 4.12 to the Company’s Registration on Form S-8 (File No.
+Added: Ninth Amended and Restated Stockholders Agreement, by and among the Registrant and certain of its stockholders, dated July 6, 2020 (incorporated herein by reference to Exhibit 10.1 to the Registrant’s Registration Statement on Form S-1 (File No.
333-239772), filed with the SEC on July 9, 2020).
−Removed: Form of Indemnity Agreement, by and between the Registrant and each director and executive officer (incorporated herein by reference to Exhibit 10.9 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Non-Employee Director Compensation Policy (incorporated herein by reference to Exhibit 10.8 to the Company’s Quarterly Report on Form 10-Q (File No.
−Removed: 001-39411), filed with the Commission on November 10, 2020).
−Removed: Amended and Restated Employment Agreement between the Registrant and Russell Diez-Canseco, dated as of July 9, 2020 (incorporated herein by reference to Exhibit 10.11 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Amended and Restated Offer Letter between the Registrant and Jason Dale, dated as of July 9, 2020 (incorporated herein by reference to Exhibit 10.12 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Offer Letter between the Registrant and Bo Meissner, dated as of June 30, 2020.
−Removed: Amended and Restated Offer Letter between the Registrant and Scott Marcus, dated as of July 7, 2020 (incorporated herein by reference to Exhibit 10.13 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Offer Letter between the Registrant and Peter Pappas, dated as of October 30, 2020.
−Removed: Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated October 4, 2017 (incorporated herein by reference to Exhibit 10.15 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: First Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated April 13, 2018 (incorporated herein by reference to Exhibit 10.16 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Second Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated April 28, 2018 (incorporated herein by reference to Exhibit 10.17 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Third Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated February 7, 2019 (incorporated herein by reference to Exhibit 10.18 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Fourth Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated February 24, 2020 (incorporated herein by reference to Exhibit 10.19 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Fifth Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated May 11, 2020 (incorporated herein by reference to Exhibit 10.20 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Amended and Restated Revolving Credit Note executed and delivered by the Registrant and the Borrowers party thereto, dated May 11, 2020 (incorporated herein by reference to Exhibit 10.21 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Sixth Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated June 18, 2020 (incorporated herein by reference to Exhibit 10.22 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Amended and Restated Term Loan Note executed and delivered by the Registrant and the Borrowers party thereto, dated June 18, 2020 (incorporated herein by reference to Exhibit 10.23 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Seventh Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated July 8, 2020 (incorporated herein by reference to Exhibit 10.24 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
−Removed: Eighth Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated October 5, 2020.
−Removed: Letter from RSM US LLP to the Securities and Exchange Commission, dated March 24, 2021.
−Removed: List of Subsidiaries of Company (incorporated herein by reference to Exhibit 21.1 to the Company’s Registration Statement on Form S-1 (File No.
−Removed: 333-239772), filed with the Commission on July 9, 2020).
+Added: Description of Registered Securities (incorporated by reference to Exhibit 4.3 to the Registrant’s Annual Report on Form 10-K (File No.
+Added: 001-39411) filed with the SEC on March 24, 2021) .
+Added: 2013 Incentive Plan (incorporated herein by reference to Exhibit 10.2 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Forms of Grant Notice, Stock Option Agreement and Notice of Exercise under the 2020 Equity Incentive Plan (incorporated herein by reference to Exhibit 10.5 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Forms of Grant Notice, Stock Option Agreement and Stock Purchase Agreement under the 2013 Incentive Plan (incorporated herein by reference to Exhibit 10.3 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: 2020 Equity Incentive Plan (incorporated herein by reference to Exhibit 4.8 to the Registrant’s Registration on Form S-8 (File No.
+Added: 333-240258), filed with the SEC on July 31, 2020).
+Added: Forms of Grant Notice, Stock Option Agreement and Notice of Exercise under the 2020 Equity Incentive Plan (incorporated herein by reference to Exhibit 10.5 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Forms of Employee Restricted Stock Unit Grant Notice and Award Agreement under the 2020 Equity Incentive Plan (incorporated herein by reference to Exhibit 10.6 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Forms of Non-Employee Director Restricted Stock Unit Grant Notice and Award Agreement under the 2020 Equity Incentive Plan (incorporated herein by reference to Exhibit 10.7 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: 2020 Employee Stock Purchase Plan (incorporated herein by reference to Exhibit 4.12 to the Registrant’s Registration on Form S-8 (File No.
+Added: 333-240258), filed with the SEC on July 31, 2020).
+Added: Form of Indemnity Agreement, by and between the Registrant and each director and executive officer (incorporated herein by reference to Exhibit 10.9 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Non-Employee Director Compensation Policy (incorporated herein by reference to Exhibit 10.8 to the Registrant’s Quarterly Report on Form 10-Q (File No.
+Added: 001-39411), filed with the SEC on November 10, 2020).
+Added: Amended and Restated Employment Agreement between the Registrant and Russell Diez-Canseco, dated as of July 9, 2020 (incorporated herein by reference to Exhibit 10.11 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Offer Letter between the Registrant and Joanne Bal, dated March 5, 2021 .
+Added: Offer Letter between the Registrant and Stephanie Coon, dated as of May 24, 2021 .
+Added: Amended and Restated Employment Agreement between the Registrant and Jason Dale, dated as of July 9, 2020 (incorporated herein by reference to Exhibit 10.12 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Offer Letter between the Registrant and Jeffrey S.
+Added: Dawson, dated as of January 4, 2021 (incorporated herein by reference to Exhibit 10.2 to the Registrant’s Quarterly Report on Form 10-Q (File No.
+Added: 001-39411), filed with the SEC on May 11, 2021).
+Added: Offer Letter between the Registrant and Kathryn McKeon, dated as of January 10, 2022 .
+Added: Offer Letter between the Registrant and Bo Meissner, dated as of June 30, 2020 (incorporated by reference to Exhibit 10.13 to the Registrant’s Annual Report on Form 10-K (File.
+Added: 001-39411) filed with the SEC on March 24, 2021) .
+Added: Offer Letter between the Registrant and Peter Pappas, dated as of October 30, 2020 (incorporated by reference to Exhibit 10.15 to the Registrant’s Annual Report on Form 10-K (File.
+Added: 001-39411) filed with the SEC on March 24, 2021).
+Added: Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated October 4, 2017 (incorporated herein by reference to Exhibit 10.15 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: First Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated April 13, 2018 (incorporated herein by reference to Exhibit 10.16 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Second Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated April 28, 2018 (incorporated herein by reference to Exhibit 10.17 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Third Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated February 7, 2019 (incorporated herein by reference to Exhibit 10.18 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Fourth Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated February 24, 2020 (incorporated herein by reference to Exhibit 10.19 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Fifth Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated May 11, 2020 (incorporated herein by reference to Exhibit 10.20 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Amended and Restated Revolving Credit Note executed and delivered by the Registrant and the Borrowers party thereto, dated May 11, 2020 (incorporated herein by reference to Exhibit 10.21 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Sixth Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated June 18, 2020 (incorporated herein by reference to Exhibit 10.22 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Amended and Restated Term Loan Note executed and delivered by the Registrant and the Borrowers party thereto, dated June 18, 2020 (incorporated herein by reference to Exhibit 10.23 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Seventh Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated July 8, 2020 (incorporated herein by reference to Exhibit 10.24 to the Registrant’s Registration Statement on Form S-1 (File No.
+Added: 333-239772), filed with the SEC on July 9, 2020).
+Added: Eighth Amendment to Revolving Credit, Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated October 5, 2020 (incorporated herein by reference to Exhibit 10.26 to the Registrant’s Annual Report on Form 10-K (File No.
+Added: 001-39411), filed with the SEC on March 24, 2021).
+Added: Ninth Amendment to Revolving Credit, Term Loan and Term Loan and Security Agreement, by and between the Registrant, the Borrowers party thereto, the Lenders party thereto and PNC Bank, National Association (as Lender and as Agent), dated April 2, 2021 (incorporated herein by reference to Exhibit 10.1 to the Registrant’s Quarterly Report on Form 10-Q (File No.
+Added: 001-39411), filed with the SEC on August 10, 2021).
+Added: Second Amended and Restated Revolving Credit Note executed and delivered by the Registrant and the Borrowers party thereto, dated April 2, 2021 (incorporated herein by reference to Exhibit 10.1 to the Registrant’s Quarterly Report on Form 10-Q (File No.
+Added: 001-39411), filed with the SEC on August 10, 2021).
+Added: List of Subsidiaries of Company.
Consent of KPMG LLP, independent registered public accounting firm.
3 unchanged sentences
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
−Removed: XBRL Instance Document
−Removed: XBRL Taxonomy Extension Schema Document
−Removed: XBRL Taxonomy Extension Calculation Linkbase Document
−Removed: XBRL Taxonomy Extension Definition Linkbase Document
−Removed: XBRL Taxonomy Extension Label Linkbase Document
−Removed: XBRL Taxonomy Extension Presentation Linkbase Document
+Added: Inline XBRL Instance Document
+Added: Inline XBRL Taxonomy Extension Schema Document
+Added: Inline XBRL Taxonomy Extension Calculation Linkbase Document
+Added: Inline XBRL Taxonomy Extension Definition Linkbase Document
+Added: Inline XBRL Taxonomy Extension Label Linkbase Document
+Added: Inline XBRL Taxonomy Extension Presentation Linkbase Document
+Added: Cover Page Interactive Data File (embedded within the Inline XBRL document)
Indicates a management contract or compensatory plan.
40 unchanged sentences
March 10, 2022
+Added: /s/ Denny Marie Post
+Added: March 10, 2022
+Added: Denny Marie Post
+Added: /s/ Gisel Ruiz
+Added: March 10, 2022
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.