Other Information
−Removed: During the three months ended March 31, 2024, no director or officer of the Company adopted or terminated a “ Rule 10b5-1 trading arrangement ” or non-Rule 10b5-1 trading arrangement ,” as each term is defined in Item 408(a) of Regulation S-K.
+Added: During the three months ended June 30, 2024, no director or officer of the Company adopted or terminated a “ Rule 10b5-1 trading arrangement ” or non-Rule 10b5-1 trading arrangement ,” as each term is defined in Item 408(a) of Regulation S-K.
The following are filed, furnished or incorporated by reference as a part of this Quarterly Report on Form 10-Q:
−Removed: Second Amended and Restated Certificate of Incorporation of Energous Corporation, as amended (incorporated by reference to Exhibit 3.1 to the Registrant’s Quarterly Report on Form 10-Q filed on August 10, 2020).
−Removed: Certificate of Amendment to the Second Amended and Restated Certificate of Incorporation of Energous Corporation (incorporated by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K filed on August 15, 2023).
+Added: Second Amended and Restated Certificate of Incorporation of Energous Corporation, as amended (incorporated by reference to Exhibit 3.1 to the Quarterly Report on Form 10-Q filed on August 10, 2020).
+Added: Certificate of Amendment to the Second Amended and Restated Certificate of Incorporation of Energous Corporation (incorporated by reference to Exhibit 3.1 to the Current Report on Form 8-K filed on August 15, 2023).
Amended and Restated Bylaws of Energous Corporation (incorporated by reference to Exhibit 3.1 to Amendment No.
1 unchanged sentence
333-193522) filed on March 13, 2014).
−Removed: Form of Pre-Funded Common Stock Purchase Warrant (incorporated by reference to Exhibit 4.1 of the Current Report on Form 8-K filed on February 20, 2024).
−Removed: Form of Common Stock Purchase Warrant (incorporated by reference to Exhibit 4.2 of the Current Report on Form 8-K filed on February 20, 2024).
−Removed: Form of Securities Purchase Agreement (incorporated by reference to Exhibit 10.1 of the Current Report on Form 8-K filed on February 20, 2024).
−Removed: Energous Corporation 2017 Equity Inducement Plan, as amended and restated on March 14, 2024 (incorporated by reference to Exhibit 99.3 of the Registration Statement on Form S-8 (File No.
−Removed: 333-278352), filed on March 28, 2024).
+Added: Energous Corporation 2024 Equity Incentive Plan (incorporated by reference to Exhibit 10.1 of the Current Report on Form 8-K filed on June 14, 2024).
+Added: Energous Corporation Amended and Restated Employee Stock Purchase Plan (incorporated by reference to Exhibit 10.2 of the Current Report on Form 8-K filed on June 14, 2024).
+Added: Severance and Change in Control Agreement, dated June 12, 2024, between Mallorie Burak and Energous Corporation (incorporated by reference to Exhibit 10.3 of the Current Report on Form 8 K filed on June 14, 2024)
+Added: At The Market Offering Agreement, dated June 21, 2024, by and between Energous Corporation and H.C.
+Added: Wainwright & Co., LLC (incorporated by reference to Exhibit 10.1 of the Current Report on Form 8-K filed on June 21, 2024).
Certification Pursuant to Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934
12 unchanged sentences
ENERGOUS CORPORATION
+Added: August 12, 2024
/s/ Mallorie Burak
1 unchanged sentence
Chief Financial Officer
−Removed: (Principal Executive Officer, Principal Financial Officer and Principal Accounting Officer)
+Added: (Principal Executive Officer, Principal Financial
+Added: Officer and Principal 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.