1 unchanged sentence
Exhibit Number
−Removed: Articles of Incorporation
−Removed: Articles of Incorporation (incorporated by
−Removed: reference from our Form S-1 Registration Statement, filed on October 28,
−Removed: Certificate of Change
−Removed: (incorporated by reference from our Quarterly Report on Form 10-Q, filed
−Removed: on August 13, 2013)
−Removed: Articles of Merger (incorporated by reference
−Removed: from our Quarterly Report on Form 10-Q, filed on August 13, 2013)
−Removed: Certificate of Amendment to
−Removed: Articles of Incorporation (incorporated by reference from our Current
−Removed: Report on Form 8-K, filed on October 11, 2013)
−Removed: Certificate of Designation (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on October 11, 2013)
−Removed: Certificate of Designation
+Added: Incorporation and Bylaws
+Added: Articles of Incorporation (incorporated by reference from
+Added: our Form S-1 Registration Statement, filed on October 28, 2011)
+Added: Certificate of Change (incorporated by reference from our
+Added: Quarterly Report on Form 10-Q, filed on August 13, 2013)
+Added: Articles of Merger (incorporated by reference from our
+Added: Quarterly Report on Form 10-Q, filed on August 13, 2013)
+Added: Certificate of Amendment to Articles of Incorporation
(incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: November 12, 2013)
−Removed: Certificate of Change (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on December 30, 2015)
−Removed: Certificate of Amendment to
−Removed: Articles of Incorporation (incorporated by reference from our Current
−Removed: Report on Form 8-K, filed on January 25, 2016)
−Removed: Certificate of Amendment to Certificate of
−Removed: Designation (incorporated by reference from our Current Report on Form
−Removed: 8-K, filed on January 25, 2016)
−Removed: Certificate of Designation
+Added: October 11, 2013)
+Added: Certificate of Designation (incorporated by reference
+Added: from our Current Report on Form 8-K, filed on October 11, 2013)
+Added: Certificate of Designation (incorporated by reference
+Added: from our Current Report on Form 8-K, filed on November 12, 2013)
+Added: Certificate of Change (incorporated by reference from our
+Added: Current Report on Form 8-K, filed on December 30, 2015)
+Added: Certificate of Amendment to Articles of Incorporation
(incorporated by reference from our Current Report on Form 8-K, filed on
+Added: January 25, 2016)
+Added: Certificate of Amendment to Certificate of Designation
+Added: (incorporated by reference from our Current Report on Form 8-K, filed on
+Added: January 25, 2016)
+Added: Certificate of Designation (incorporated by reference
+Added: from our Current Report on Form 8-K, filed on April 5, 2016)
+Added: Certificate of Withdrawal of Certificate of Designation
+Added: (incorporated by reference from our Current Report on Form 8-K, filed on
April 4, 2017)
−Removed: Certificate of Withdrawal of Certificate of
−Removed: Designation (incorporated by reference from our Current Report on Form
−Removed: 8-K, filed on April 4, 2017)
−Removed: Certificate of Designation
+Added: Certificate of Designation (incorporated by reference
+Added: from our Current Report on Form 8-K, filed on May 4, 2017)
+Added: Certificate of Amendment to Certificate of Designation
(incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: Certificate of Amendment to Certificate of
−Removed: Designation (incorporated by reference from our Current Report on Form
−Removed: 8-K, filed on November 6, 2017)
−Removed: Certificate of Withdrawal of
−Removed: Certificate of Designation (incorporated by reference from our Quarterly
−Removed: Report on Form 10-Q, filed on November 20, 2017)
−Removed: Amended and Restated Bylaws (incorporated by
−Removed: reference from our Current Report on Form 8- K, filed on March 15, 2013)
−Removed: Material Contracts
−Removed: Contract Packer Agreement dated November 14,
−Removed: 2012 between Alkaline 84, LLC and AZ Bottled Water, LLC (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on June 5, 2013)
−Removed: Contract Packer Agreement dated October 7, 2013 with White Water, LLC
−Removed: (incorporated by reference from our Quarterly Report on Form 10-Q, filed on
November 6, 2017)
−Removed: Manufacturing Agreement dated August 15, 2013
−Removed: with Water Engineering Solutions, LLC (incorporated by reference from our
+Added: Certificate of Withdrawal of Certificate of Designation
+Added: (incorporated by reference from our Quarterly Report on Form 10-Q, filed
+Added: on November 20, 2017)
+Added: Amended and Restated Bylaws (incorporated by reference
+Added: from our Current Report on Form 8-K, filed on October 15, 2018)
+Added: Material Contracts
+Added: Contract Packer Agreement dated November 14, 2012 between
+Added: Alkaline 84, LLC and AZ Bottled Water, LLC (incorporated by reference from
+Added: our Current Report on Form 8-K, filed on June 5, 2013)
+Added: Contract Packer Agreement dated October 7, 2013 with
+Added: White Water, LLC (incorporated by reference from our Quarterly Report on
+Added: Form 10-Q, filed on November 13, 2013)
+Added: Manufacturing Agreement dated August 15, 2013 with Water
+Added: Engineering Solutions, LLC (incorporated by reference from our
Registration Statement on Form S-1, filed on November 27, 2013)
−Removed: Equipment Lease Agreement dated
−Removed: January 17, 2014 (incorporated by reference from our Current Report on
−Removed: Form 8-K, filed on January 27, 2014)
−Removed: Revolving Accounts Receivable Funding Agreement
−Removed: dated February 20, 2014 (incorporated by reference from our Current Report
−Removed: on Form 8-K, filed on February 25, 2014)
+Added: Equipment Lease Agreement dated January 17, 2014
+Added: (incorporated by reference from our Current Report on Form 8-K, filed on January 27, 2014)
+Added: Exhibit Number
+Added: Revolving Accounts Receivable Funding Agreement dated
+Added: February 20, 2014 (incorporated by reference from our Current Report on
+Added: Form 8-K, filed on February 25, 2014)
Form of Securities Purchase Agreement dated as of April
3 unchanged sentences
filed on May 6, 2014)
−Removed: Exhibit Number
−Removed: Form of Common Stock Purchase
−Removed: Warrant (incorporated by reference from our Current Report on Form 8-K,
−Removed: filed on May 6, 2014)
−Removed: Form of Placement Agent Common Stock Purchase
−Removed: Warrant (incorporated by reference from our Current Report on Form 8-K,
−Removed: filed on May 6, 2014)
−Removed: Amendment #1 dated February 12,
−Removed: 2014 to Equipment Lease Agreement (incorporated by reference from our
−Removed: Quarterly Report on Form 10-Q, filed on August 13, 2014)
−Removed: Equipment Sale/Lease Back Agreement dated April
−Removed: 2, 2014 (incorporated by reference from our Quarterly Report on Form 10-Q,
−Removed: filed on August 13, 2014)
−Removed: Agreement dated August 12, 2014
−Removed: Wainwright & Co., LLC (incorporated by reference from our
−Removed: Current Report on Form 8-K, filed on August 21, 2014)
−Removed: Form of Warrant Amendment Agreement
+Added: Form of Common Stock Purchase Warrant (incorporated by
+Added: reference from our Current Report on Form 8-K, filed on May 6, 2014)
+Added: Form of Placement Agent Common Stock Purchase Warrant
(incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: August 21, 2014)
−Removed: Form of Common Stock Purchase
−Removed: Warrant (incorporated by reference from our Current Report on Form 8-K,
−Removed: filed on August 21, 2014)
−Removed: Form of Warrant Amendment Agreement
+Added: Amendment #1 dated February 12, 2014 to Equipment Lease
+Added: Agreement (incorporated by reference from our Quarterly Report on Form
+Added: 10-Q, filed on August 13, 2014)
+Added: Equipment Sale/Lease Back Agreement dated April 2, 2014
+Added: (incorporated by reference from our Quarterly Report on Form 10-Q, filed
+Added: on August 13, 2014)
+Added: Agreement dated August 12, 2014 with H.C.
+Added: & Co., LLC (incorporated by reference from our Current Report on Form
+Added: 8-K, filed on August 21, 2014)
+Added: Form of Warrant Amendment Agreement (incorporated by
+Added: reference from our Current Report on Form 8-K, filed on August 21, 2014)
+Added: Form of Common Stock Purchase Warrant (incorporated by
+Added: reference from our Current Report on Form 8-K, filed on August 21, 2014)
+Added: Form of Warrant Amendment Agreement (incorporated by
+Added: reference from our Current Report on Form 8-K, filed on October 9, 2014)
+Added: Form of Common Stock Purchase Warrant (incorporated by
+Added: reference from our Current Report on Form 8-K, filed on October 9, 2014)
+Added: Master Lease Agreement dated October 28, 2014 with
+Added: Veterans Capital Fund, LLC (incorporated by reference from our Current
+Added: Report on Form 8-K, filed on November 4, 2014)
+Added: Warrant Agreement dated October 28, 2014 with Veterans
+Added: Capital Fund, LLC (incorporated by reference from our Current Report on
+Added: Form 8-K, filed on November 4, 2014)
+Added: Registration Rights Agreement dated October 28, 2014 with
+Added: Veterans Capital Fund, LLC (incorporated by reference from our Current
+Added: Report on Form 8-K, filed on November 4, 2014)
+Added: Form of Amending Agreement to Stock Option Agreement
(incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: October 9, 2014)
−Removed: Form of Common Stock Purchase
−Removed: Warrant (incorporated by reference from our Current Report on Form 8-K,
−Removed: filed on October 9, 2014)
−Removed: Master Lease Agreement dated October 28, 2014
−Removed: with Veterans Capital Fund, LLC (incorporated by reference from our
−Removed: Current Report on Form 8-K, filed on November 4, 2014)
−Removed: Warrant Agreement dated October
−Removed: 28, 2014 with Veterans Capital Fund, LLC (incorporated by reference from
−Removed: our Current Report on Form 8-K, filed on November 4, 2014)
−Removed: Registration Rights Agreement dated October 28,
−Removed: 2014 with Veterans Capital Fund, LLC (incorporated by reference from our
−Removed: Current Report on Form 8-K, filed on November 4, 2014)
−Removed: Form of Amending Agreement to
−Removed: Stock Option Agreement (incorporated by reference from our Current Report
−Removed: on Form 8-K, filed on November 4, 2014)
+Added: November 4, 2014)
Securities Purchase Agreement dated as of May 11, 2015
−Removed: 11, 2015 with Assurance Funding Solutions LLC (incorporated by reference
−Removed: from our Annual Report on Form 10-K, filed on July 14, 2015)
−Removed: Secured Term Note dated May
−Removed: 2015 issued to Assurance Funding Solutions LLC (incorporated by reference
−Removed: from our Annual Report on Form 10-K, filed on July 14, 2015)
−Removed: General Security Agreement dated as of May 11,
−Removed: 2015 with Assurance Funding Solutions LLC (incorporated by reference from
−Removed: our Annual Report on Form 10-K, filed on July 14, 2015)
−Removed: Securities Purchase Agreement
−Removed: dated as of August 20, 2015 with Assurance Funding Solutions LLC
−Removed: (incorporated by reference from our Quarterly Report on Form 10-Q, filed
−Removed: on November 23, 2015)
−Removed: Secured Term Note dated August 20, 2015 issued
−Removed: to Assurance Funding Solutions LLC (incorporated by reference from our
+Added: with Assurance Funding Solutions LLC (incorporated by reference from our
+Added: Annual Report on Form 10-K, filed on July 14, 2015)
+Added: Secured Term Note dated May 2015 issued to Assurance
+Added: Funding Solutions LLC (incorporated by reference from our Annual Report on
+Added: Form 10-K, filed on July 14, 2015)
+Added: General Security Agreement dated as of May 11, 2015 with
+Added: Assurance Funding Solutions LLC (incorporated by reference from our Annual
+Added: Report on Form 10-K, filed on July 14, 2015)
+Added: Securities Purchase Agreement dated as of August 20, 2015
+Added: with Assurance Funding Solutions LLC (incorporated by reference from our
Quarterly Report on Form 10-Q, filed on November 23, 2015)
−Removed: General Security Agreement
−Removed: dated as of August 20, 2015 with Assurance Funding Solutions LLC
−Removed: (incorporated by reference from our Quarterly Report on Form 10-Q, filed
−Removed: on November 23, 2015)
−Removed: Loan Agreement dated November 30, 2015 with
−Removed: Neil Rogers (incorporated by reference from our Current Report on Form
−Removed: 8-K, filed on December 4, 2015)
−Removed: Promissory Note dated November
−Removed: 30, 2015 issued to Neil Rogers (incorporated by reference from our Current
−Removed: Report on Form 8-K, filed on December 4, 2015)
−Removed: Escrow Agreement dated November 30, 2015 with
−Removed: Neil Rogers and Escrow Agent (incorporated by reference from our Current
−Removed: Report on Form 8-K, filed on December 4, 2015)
+Added: Secured Term Note dated August 20, 2015 issued to
+Added: Assurance Funding Solutions LLC (incorporated by reference from our
+Added: Quarterly Report on Form 10-Q, filed on November 23, 2015)
+Added: General Security Agreement dated as of August 20, 2015
+Added: with Assurance Funding Solutions LLC (incorporated by reference from our Quarterly Report
+Added: on Form 10-Q, filed on November 23, 2015)
Exhibit Number
−Removed: 2013 Equity Incentive Plan
+Added: Loan Agreement dated November 30, 2015 with Neil Rogers
(incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: January 25, 2016)
−Removed: Loan Agreement dated January 25, 2016 with
+Added: December 4, 2015)
+Added: Promissory Note dated November 30, 2015 issued to Neil
+Added: Rogers (incorporated by reference from our Current Report on Form 8-K,
+Added: filed on December 4, 2015)
+Added: Escrow Agreement dated November 30, 2015 with Neil Rogers
+Added: and Escrow Agent (incorporated by reference from our Current Report on
+Added: Form 8-K, filed on December 4, 2015)
+Added: 2013 Equity Incentive Plan (incorporated by reference
+Added: from our Current Report on Form 8-K, filed on January 25, 2016)
+Added: Loan Agreement dated January 25, 2016 with Turnstone
+Added: (incorporated by reference from our Current Report on Form
+Added: 8-K, filed on January 25, 2016)
+Added: Promissory Note dated January 25, 2016 issued to
Turnstone Capital Inc.
1 unchanged sentence
on Form 8-K, filed on January 25, 2016)
−Removed: Promissory Note dated January
−Removed: 25, 2016 issued to Turnstone Capital Inc.
−Removed: (incorporated by reference from
−Removed: our Current Report on Form 8-K, filed on January 25, 2016)
−Removed: Escrow Agreement dated January 25, 2016 with
+Added: Escrow Agreement dated January 25, 2016 with Turnstone
+Added: and Escrow Agent (incorporated by reference from our Current
+Added: Report on Form 8-K, filed on January 25, 2016)
+Added: Amendment Agreement dated January 25, 2016 with Neil
+Added: Rogers (incorporated by reference from our Current Report on Form 8-K,
+Added: filed on January 25, 2016)
+Added: Employment Agreement dated effective March 1, 2016 with
+Added: Nickolas (incorporated by reference from our Current Report on
+Added: Form 8-K, filed on April 5, 2016)
+Added: Employment Agreement dated effective March 1, 2016 with
+Added: Wright (incorporated by reference from our Current Report on
+Added: Form 8-K, filed on April 5, 2016)
+Added: Form of Promissory Note and Warrant Exchange Agreement
+Added: (incorporated by reference from our Current Report on Form 8-K, filed on
+Added: June 16, 2016)
+Added: Loan Facility Agreement dated September 20, 2016 with
Turnstone Capital Inc.
−Removed: and Escrow Agent (incorporated by reference from
−Removed: our Current Report on Form 8-K, filed on January 25, 2016)
−Removed: Amendment Agreement dated
−Removed: January 25, 2016 with Neil Rogers (incorporated by reference from our
−Removed: Current Report on Form 8-K, filed on January 25, 2016)
−Removed: Employment Agreement dated effective March 1,
−Removed: 2016 with Steven P.
−Removed: Nickolas (incorporated by reference from our Current
−Removed: Report on Form 8-K, filed on April 5, 2016)
−Removed: Employment Agreement dated
−Removed: effective March 1, 2016 with Richard A.
−Removed: Wright (incorporated by reference
−Removed: from our Current Report on Form 8-K, filed on April 5, 2016)
−Removed: Form of Promissory Note and Warrant Exchange
−Removed: Agreement (incorporated by reference from our Current Report on Form 8-K,
−Removed: filed on June 16, 2016)
−Removed: Loan Facility Agreement dated
−Removed: September 20, 2016 with Turnstone Capital Inc.
+Added: (incorporated by reference from our Current Report
+Added: on Form 8-K, filed on September 22, 2016)
+Added: Credit and Security Agreement dated February 1, 2017 with
+Added: SCM Specialty Finance Opportunities Fund, L.P.
(incorporated by reference
−Removed: from our Current Report on Form 8-K, filed on September 22, 2016)
−Removed: Credit and Security Agreement dated February 1,
−Removed: 2017 with SCM Specialty Finance Opportunities Fund, L.P.
−Removed: (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on February 7, 2017)
−Removed: Payoff Agreement dated February
−Removed: 1, 2017 with Gibraltar Business Capital, LLC (incorporated by reference
from our Current Report on Form 8-K, filed on February 7, 2017)
−Removed: Form of Stock Option Agreement (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on May 4, 2017)
+Added: Payoff Agreement dated February 1, 2017 with Gibraltar
+Added: Business Capital, LLC (incorporated by reference from our Current Report
+Added: on Form 8-K, filed on February 7, 2017)
+Added: Form of Stock Option Agreement (incorporated by reference
+Added: from our Current Report on Form 8-K, filed on May 4, 2017)
Settlement Agreement and Mutual Release of Claims dated
4 unchanged sentences
Report on Form 8-K, filed on November 6, 2017)
−Removed: Exchange Agreement and Mutual Release of Claims
−Removed: dated November 8, 2017 with Ricky Wright (incorporated by reference from
−Removed: our Current Report on Form 8-K, filed on November 14, 2017)
−Removed: Stock Option Forfeiture &
−Removed: General Release dated November 8, 2017 by Ricky Wright and Sharon Wright
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: November 14, 2017)
−Removed: Form of Warrant Amendment Agreement
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: February 22, 2018)
−Removed: Form of Common Stock Purchase
−Removed: Warrant (incorporated by reference from our Current Report on Form 8-K,
−Removed: filed on March 5, 2018)
−Removed: 2018 Stock Option Plan (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on April 25, 2018)
−Removed: Form of Subscription Agreement
−Removed: (incorporated by reference from our Current Report on Form 8-K filed on
−Removed: May 31, 2018)
−Removed: Rule 13a-14 Certifications
−Removed: Certification of Principal
−Removed: Executive Officer Pursuant to Section 302 of the Sarbanes Oxley Act of
−Removed: Certification of Principal Financial Officer
−Removed: Pursuant to Section 302 of the Sarbanes Oxley Act of 2002
+Added: Exchange Agreement and Mutual Release of Claims dated
+Added: November 8, 2017 with Ricky Wright (incorporated by reference from our
+Added: Current Report on Form 8-K, filed on November 14, 2017)
+Added: Stock Option Forfeiture & General Release dated
+Added: November 8, 2017 by Ricky Wright and Sharon Wright (incorporated by
+Added: reference from our Current Report on Form 8-K, filed on November 14, 2017)
+Added: Form of Warrant Amendment Agreement (incorporated by
+Added: reference from our Current Report on Form 8-K, filed on February 22, 2018)
+Added: Form of Common Stock Purchase Warrant (incorporated by
+Added: reference from our Current Report on Form 8-K, filed on March 5, 2018)
Exhibit Number
+Added: 2018 Stock Option Plan (incorporated by reference from
+Added: our Current Report on Form 8-K, filed on April 25, 2018)
+Added: Form of Subscription Agreement (incorporated by reference
+Added: from our Current Report on Form 8-K filed on May 31, 2018)
+Added: Form of Subscription Agreement (incorporated by reference
+Added: from our Current Report on Form 8-K filed on October 3, 2018)
+Added: Rule 13a-14 Certifications
+Added: Certification of Principal Executive Officer Pursuant to
+Added: Section 302 of the Sarbanes Oxley Act of 2002
+Added: Certification of Principal Financial Officer Pursuant to
+Added: Section 302 of the Sarbanes Oxley Act of 2002
Section 1350 Certifications
−Removed: Certification of Principal
−Removed: Executive Officer Pursuant to Section 906 of the Sarbanes Oxley Act of
−Removed: Certification of Principal Financial Officer
−Removed: Pursuant to Section 906 of the Sarbanes Oxley Act of 2002
+Added: Certification of Principal Executive Officer Pursuant to
+Added: Section 906 of the Sarbanes Oxley Act of 2002
+Added: Certification of Principal Financial Officer Pursuant to
+Added: Section 906 of the Sarbanes Oxley Act of 2002
Interactive Data File
2 unchanged sentences
XBRL Taxonomy Extension Calculation Linkbase
−Removed: XBRL Taxonomy Extension
−Removed: Definition Linkbase
+Added: XBRL Taxonomy Extension Definition Linkbase
XBRL Taxonomy Extension Label Linkbase
−Removed: XBRL Taxonomy Extension
−Removed: Presentation Linkbase
+Added: XBRL Taxonomy Extension Presentation Linkbase
*Filed herewith.
2 unchanged sentences
the undersigned, thereunto duly authorized.
−Removed: THE ALKALINE WATER COMPANY
−Removed: August 14, 2018
−Removed: President and Chief Executive Officer
+Added: THE ALKALINE WATER COMPANY INC.
+Added: November 13, 2018
+Added: /s/ Richard A.
+Added: President and Chief Executive
(Principal Executive Officer)
−Removed: August 14, 2018
−Removed: Chief Financial Officer and Treasurer
−Removed: (Principal Financial Officer and Principal
+Added: November 13, 2018
+Added: Chief Financial Officer and
+Added: (Principal Financial Officer 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.