1 unchanged sentence
Exhibit Number
−Removed: Incorporation and Bylaws
−Removed: Articles of Incorporation (incorporated by reference from
−Removed: our Form S-1 Registration Statement, filed on October 28, 2011)
−Removed: Certificate of Change (incorporated by reference from our
−Removed: Quarterly Report on Form 10-Q, filed on August 13, 2013)
−Removed: Articles of Merger (incorporated by reference from our
−Removed: Quarterly Report on Form 10-Q, filed on August 13, 2013)
−Removed: Certificate of Amendment to Articles of Incorporation
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: October 11, 2013)
−Removed: Certificate of Designation (incorporated by reference
−Removed: from our Current Report on Form 8-K, filed on October 11, 2013)
−Removed: Certificate of Designation (incorporated by reference
−Removed: from our Current Report on Form 8-K, filed on November 12, 2013)
−Removed: Certificate of Change (incorporated by reference from our
−Removed: Current Report on Form 8-K, filed on December 30, 2015)
−Removed: Certificate of Amendment to Articles of Incorporation
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: January 25, 2016)
−Removed: Certificate of Amendment to Certificate of Designation
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: January 25, 2016)
−Removed: Certificate of Designation (incorporated by reference
−Removed: from our Current Report on Form 8-K, filed on April 5, 2016)
−Removed: Certificate of Withdrawal of Certificate of Designation
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: April 4, 2017)
−Removed: Certificate of Designation (incorporated by reference
−Removed: from our Current Report on Form 8-K, filed on May 4, 2017)
−Removed: Certificate of Amendment to Certificate of Designation
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: November 6, 2017)
−Removed: Certificate of Withdrawal of Certificate of Designation
−Removed: (incorporated by reference from our Quarterly Report on Form 10-Q, filed
−Removed: on November 20, 2017)
−Removed: Amended and Restated Bylaws (incorporated by reference
−Removed: from our Current Report on Form 8-K, filed on October 15, 2018)
+Added: Articles of Incorporation and Bylaws
+Added: Articles of Incorporation (incorporated by reference from our Form S-1 Registration Statement, filed on October 28, 2011)
+Added: Certificate of Change (incorporated by reference from our Quarterly Report on Form 10-Q, filed on August 13, 2013)
+Added: Articles of Merger (incorporated by reference from our 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 October 11, 2013)
+Added: Certificate of Designation (incorporated by reference from our Current Report on Form 8-K, filed on October 11, 2013)
+Added: Certificate of Designation (incorporated by reference from our Current Report on Form 8-K, filed on November 12, 2013)
+Added: Certificate of Change (incorporated by reference from our 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 January 25, 2016)
+Added: Certificate of Amendment to Certificate of Designation (incorporated by reference from our Current Report on Form 8-K, filed on January 25, 2016)
+Added: Certificate of Designation (incorporated by reference from our Current Report on Form 8-K, filed on April 5, 2016)
+Added: Certificate of Withdrawal of Certificate of Designation (incorporated by reference from our Current Report on Form 8-K, filed on April 4, 2017)
+Added: Certificate of Designation (incorporated by reference 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 November 6, 2017)
+Added: Certificate of Withdrawal of Certificate of Designation (incorporated by reference from our Quarterly Report on Form 10-Q, filed on November 20, 2017)
+Added: Amended and Restated Bylaws (incorporated by reference from our Current Report on Form 8-K, filed on October 15, 2018)
Material Contracts
−Removed: Contract Packer Agreement dated November 14, 2012 between
−Removed: Alkaline 84, LLC and AZ Bottled Water, LLC (incorporated by reference from
−Removed: our Current Report on Form 8-K, filed on June 5, 2013)
−Removed: Contract Packer Agreement dated October 7, 2013 with
−Removed: White Water, LLC (incorporated by reference from our Quarterly Report on
−Removed: Form 10-Q, filed on November 13, 2013)
−Removed: Manufacturing Agreement dated August 15, 2013 with Water
−Removed: Engineering Solutions, LLC (incorporated by reference from our
−Removed: Registration Statement on Form S-1, filed on November 27, 2013)
−Removed: Equipment Lease Agreement dated January 17, 2014
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on January 27, 2014)
+Added: Contract Packer Agreement dated November 14, 2012 between Alkaline 84, LLC and AZ Bottled Water, LLC (incorporated by reference from our Current Report on Form 8-K, filed on June 5, 2013)
+Added: Contract Packer Agreement dated October 7, 2013 with White Water, LLC (incorporated by reference from our Quarterly Report on Form 10-Q, filed on November 13, 2013)
+Added: Manufacturing Agreement dated August 15, 2013 with Water Engineering Solutions, LLC (incorporated by reference from our Registration Statement on Form S-1, filed on November 27, 2013)
+Added: Equipment Lease Agreement dated January 17, 2014 (incorporated by reference from our Current Report on Form 8-K, filed on January 27, 2014)
+Added: Revolving Accounts Receivable Funding Agreement dated February 20, 2014 (incorporated by reference from our Current Report on Form 8-K, filed on February 25, 2014)
Exhibit Number
−Removed: Revolving Accounts Receivable Funding Agreement dated
−Removed: February 20, 2014 (incorporated by reference from our Current Report on
−Removed: Form 8-K, filed on February 25, 2014)
−Removed: Form of Securities Purchase Agreement dated as of April
−Removed: 28, 2014, between The Alkaline Water Company Inc.
−Removed: and the purchasers named
−Removed: therein (incorporated by reference from our Current Report on Form 8-K,
−Removed: filed on May 6, 2014)
−Removed: Form of Common Stock Purchase Warrant (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on May 6, 2014)
−Removed: Form of Placement Agent Common Stock Purchase Warrant
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: Amendment #1 dated February 12, 2014 to Equipment Lease
−Removed: Agreement (incorporated by reference from our Quarterly Report on Form
−Removed: 10-Q, filed on August 13, 2014)
−Removed: Equipment Sale/Lease Back Agreement dated April 2, 2014
−Removed: (incorporated by reference from our Quarterly Report on Form 10-Q, filed
−Removed: on August 13, 2014)
+Added: Form of Securities Purchase Agreement dated as of April 28, 2014, between The Alkaline Water Company Inc.
+Added: and the purchasers named therein (incorporated by reference from our Current Report on Form 8-K, filed on May 6, 2014)
+Added: Form of Common Stock Purchase Warrant (incorporated by 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 May 6, 2014)
+Added: Amendment #1 dated February 12, 2014 to Equipment Lease Agreement (incorporated by reference from our Quarterly Report on Form 10-Q, filed on August 13, 2014)
+Added: Equipment Sale/Lease Back Agreement dated April 2, 2014 (incorporated by reference from our Quarterly Report on Form 10-Q, filed on August 13, 2014)
Agreement dated August 12, 2014 with H.C.
−Removed: & Co., LLC (incorporated by reference from our Current Report on Form
−Removed: 8-K, filed on August 21, 2014)
−Removed: Form of Warrant Amendment Agreement (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on August 21, 2014)
−Removed: Form of Common Stock Purchase Warrant (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on August 21, 2014)
−Removed: Form of Warrant Amendment Agreement (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on October 9, 2014)
−Removed: Form of Common Stock Purchase Warrant (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on October 9, 2014)
−Removed: Master Lease Agreement dated October 28, 2014 with
−Removed: Veterans Capital Fund, LLC (incorporated by reference from our Current
−Removed: Report on Form 8-K, filed on November 4, 2014)
−Removed: Warrant Agreement dated October 28, 2014 with Veterans
−Removed: Capital Fund, LLC (incorporated by reference from our Current Report on
−Removed: Form 8-K, filed on November 4, 2014)
−Removed: Registration Rights Agreement dated October 28, 2014 with
−Removed: Veterans Capital Fund, LLC (incorporated by reference from our Current
−Removed: Report on Form 8-K, filed on November 4, 2014)
−Removed: Form of Amending Agreement to Stock Option Agreement
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: November 4, 2014)
−Removed: Securities Purchase Agreement dated as of May 11, 2015
−Removed: with Assurance Funding Solutions LLC (incorporated by reference from our
−Removed: Annual Report on Form 10-K, filed on July 14, 2015)
−Removed: Secured Term Note dated May 2015 issued to Assurance
−Removed: Funding Solutions LLC (incorporated by reference from our Annual Report on
−Removed: Form 10-K, filed on July 14, 2015)
−Removed: General Security Agreement dated as of May 11, 2015 with
−Removed: Assurance Funding Solutions LLC (incorporated by reference from our Annual
−Removed: Report on Form 10-K, filed on July 14, 2015)
−Removed: Securities Purchase Agreement dated as of August 20, 2015
−Removed: with Assurance Funding Solutions LLC (incorporated by reference from our
−Removed: Quarterly Report on Form 10-Q, filed on November 23, 2015)
−Removed: Secured Term Note dated August 20, 2015 issued to
−Removed: Assurance Funding Solutions LLC (incorporated by reference from our
−Removed: Quarterly Report on Form 10-Q, filed on November 23, 2015)
−Removed: General Security Agreement dated as of August 20, 2015
−Removed: with Assurance Funding Solutions LLC (incorporated by reference from our Quarterly Report
−Removed: on Form 10-Q, filed on November 23, 2015)
+Added: Wainwright & Co., LLC (incorporated by reference from our Current Report on Form 8-K, filed on August 21, 2014)
+Added: Form of Warrant Amendment Agreement (incorporated by reference from our Current Report on Form 8-K, filed on August 21, 2014)
+Added: Form of Common Stock Purchase Warrant (incorporated by reference from our Current Report on Form 8-K, filed on August 21, 2014)
+Added: Form of Warrant Amendment Agreement (incorporated by reference from our Current Report on Form 8-K, filed on October 9, 2014)
+Added: Form of Common Stock Purchase Warrant (incorporated by reference from our Current Report on Form 8-K, filed on October 9, 2014)
+Added: Master Lease Agreement dated October 28, 2014 with Veterans Capital Fund, LLC (incorporated by reference from our Current Report on Form 8-K, filed on November 4, 2014)
+Added: Warrant Agreement dated October 28, 2014 with Veterans Capital Fund, LLC (incorporated by reference from our Current Report on Form 8-K, filed on November 4, 2014)
+Added: Registration Rights Agreement dated October 28, 2014 with Veterans Capital Fund, LLC (incorporated by reference from our Current 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 November 4, 2014)
+Added: Securities Purchase Agreement dated as of May 11, 2015 with Assurance Funding Solutions LLC (incorporated by reference from our Annual Report on Form 10-K, filed on July 14, 2015)
+Added: Secured Term Note dated May 2015 issued to Assurance Funding Solutions LLC (incorporated by reference from our Annual Report on Form 10-K, filed on July 14, 2015)
+Added: General Security Agreement dated as of May 11, 2015 with Assurance Funding Solutions LLC (incorporated by reference from our Annual Report on Form 10-K, filed on July 14, 2015)
+Added: Securities Purchase Agreement dated as of August 20, 2015 with Assurance Funding Solutions LLC (incorporated by reference from our Quarterly Report on Form 10-Q, filed on November 23, 2015)
+Added: Secured Term Note dated August 20, 2015 issued to Assurance Funding Solutions LLC (incorporated by reference from our Quarterly Report on Form 10-Q, filed on November 23, 2015)
+Added: General Security Agreement dated as of August 20, 2015 with Assurance Funding Solutions LLC (incorporated by reference from our Quarterly Report on Form 10-Q, filed on November 23, 2015)
Exhibit Number
−Removed: Loan Agreement dated November 30, 2015 with Neil Rogers
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: December 4, 2015)
−Removed: Promissory Note dated November 30, 2015 issued to Neil
−Removed: Rogers (incorporated by reference from our Current Report on Form 8-K,
−Removed: filed on December 4, 2015)
−Removed: Escrow Agreement dated November 30, 2015 with Neil Rogers
−Removed: and Escrow Agent (incorporated by reference from our Current Report on
−Removed: Form 8-K, filed on December 4, 2015)
−Removed: 2013 Equity Incentive Plan (incorporated by reference
−Removed: from our Current Report on Form 8-K, filed on January 25, 2016)
−Removed: Loan Agreement dated January 25, 2016 with Turnstone
−Removed: (incorporated by reference from our Current Report on Form
−Removed: 8-K, filed on January 25, 2016)
−Removed: Promissory Note dated January 25, 2016 issued to
−Removed: Turnstone Capital Inc.
−Removed: (incorporated by reference from our Current Report
−Removed: on Form 8-K, filed on January 25, 2016)
−Removed: Escrow Agreement dated January 25, 2016 with Turnstone
−Removed: and Escrow Agent (incorporated by reference from our Current
−Removed: Report on Form 8-K, filed on January 25, 2016)
−Removed: Amendment Agreement dated January 25, 2016 with Neil
−Removed: Rogers (incorporated by reference from our Current Report on Form 8-K,
−Removed: filed on January 25, 2016)
−Removed: Employment Agreement dated effective March 1, 2016 with
−Removed: Nickolas (incorporated by reference from our Current Report on
−Removed: Form 8-K, filed on April 5, 2016)
−Removed: Employment Agreement dated effective March 1, 2016 with
−Removed: Wright (incorporated by reference from our Current Report on
−Removed: Form 8-K, filed on April 5, 2016)
−Removed: Form of Promissory Note and Warrant Exchange Agreement
−Removed: (incorporated by reference from our Current Report on Form 8-K, filed on
−Removed: June 16, 2016)
−Removed: Loan Facility Agreement dated September 20, 2016 with
−Removed: Turnstone Capital Inc.
−Removed: (incorporated by reference from our Current Report
−Removed: on Form 8-K, filed on September 22, 2016)
−Removed: Credit and Security Agreement dated February 1, 2017 with
−Removed: SCM Specialty Finance Opportunities Fund, L.P.
−Removed: (incorporated by reference
−Removed: from our Current Report on Form 8-K, filed on February 7, 2017)
−Removed: Payoff Agreement dated February 1, 2017 with Gibraltar
−Removed: Business Capital, LLC (incorporated by reference from our Current Report
−Removed: on Form 8-K, filed on February 7, 2017)
−Removed: Form of Stock Option Agreement (incorporated by reference
−Removed: from our Current Report on Form 8-K, filed on May 4, 2017)
−Removed: Settlement Agreement and Mutual Release of Claims dated
−Removed: October 31, 2017 with Steven P.
−Removed: Nickolas, Nickolas Family Trust, Water
−Removed: Engineering Solutions, LLC, Enhanced Beverages, LLC, McDowell 78, LLC and
−Removed: Wright Investments Group, LLC (incorporated by reference from our Current
−Removed: Report on Form 8-K, filed on November 6, 2017)
−Removed: Exchange Agreement and Mutual Release of Claims dated
−Removed: November 8, 2017 with Ricky Wright (incorporated by reference from our
−Removed: Current Report on Form 8-K, filed on November 14, 2017)
−Removed: Stock Option Forfeiture & General Release dated
−Removed: November 8, 2017 by Ricky Wright and Sharon Wright (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on November 14, 2017)
−Removed: Form of Warrant Amendment Agreement (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on February 22, 2018)
−Removed: Form of Common Stock Purchase Warrant (incorporated by
−Removed: reference from our Current Report on Form 8-K, filed on March 5, 2018)
+Added: Loan Agreement dated November 30, 2015 with Neil Rogers (incorporated by reference from our Current Report on Form 8-K, filed on December 4, 2015)
+Added: Promissory Note dated November 30, 2015 issued to Neil Rogers (incorporated by reference from our Current Report on Form 8-K, filed on December 4, 2015)
+Added: Escrow Agreement dated November 30, 2015 with Neil Rogers and Escrow Agent (incorporated by reference from our Current Report on Form 8-K, filed on December 4, 2015)
+Added: 2013 Equity Incentive Plan (incorporated by reference from our Current Report on Form 8-K, filed on January 25, 2016)
+Added: Loan Agreement dated January 25, 2016 with Turnstone Capital Inc.
+Added: (incorporated by reference from our Current Report on Form 8-K, filed on January 25, 2016)
+Added: Promissory Note dated January 25, 2016 issued to Turnstone Capital Inc.
+Added: (incorporated by reference from our Current Report on Form 8-K, filed on January 25, 2016)
+Added: Escrow Agreement dated January 25, 2016 with Turnstone Capital Inc.
+Added: and Escrow Agent (incorporated by reference from our Current Report on Form 8-K, filed on January 25, 2016)
+Added: Amendment Agreement dated January 25, 2016 with Neil Rogers (incorporated by reference from our Current Report on Form 8-K, filed on January 25, 2016)
+Added: Employment Agreement dated effective March 1, 2016 with Steven P.
+Added: Nickolas (incorporated by reference from our Current Report on Form 8-K, filed on April 5, 2016)
+Added: Employment Agreement dated effective March 1, 2016 with Richard A.
+Added: Wright (incorporated by reference from our Current Report on Form 8-K, filed on April 5, 2016)
+Added: Form of Promissory Note and Warrant Exchange Agreement (incorporated by reference from our Current Report on Form 8-K, filed on June 16, 2016)
+Added: Loan Facility Agreement dated September 20, 2016 with Turnstone Capital Inc.
+Added: (incorporated by reference from our Current Report on Form 8-K, filed on September 22, 2016)
+Added: Credit and Security Agreement dated February 1, 2017 with SCM Specialty Finance Opportunities Fund, L.P.
+Added: (incorporated by reference from our Current Report on Form 8-K, filed on February 7, 2017)
+Added: Payoff Agreement dated February 1, 2017 with Gibraltar Business Capital, LLC (incorporated by reference from our Current Report on Form 8-K, filed on February 7, 2017)
+Added: Form of Stock Option Agreement (incorporated by reference from our Current Report on Form 8-K, filed on May 4, 2017)
+Added: Settlement Agreement and Mutual Release of Claims dated October 31, 2017 with Steven P.
+Added: Nickolas, Nickolas Family Trust, Water Engineering Solutions, LLC, Enhanced Beverages, LLC, McDowell 78, LLC and Wright Investments Group, LLC (incorporated by reference from our Current Report on Form 8-K, filed on November 6, 2017)
+Added: Exchange Agreement and Mutual Release of Claims dated November 8, 2017 with Ricky Wright (incorporated by reference from our Current Report on Form 8-K, filed on November 14, 2017)
+Added: Stock Option Forfeiture & General Release dated November 8, 2017 by Ricky Wright and Sharon Wright (incorporated by reference from our Current Report on Form 8-K, filed on November 14, 2017)
+Added: Form of Warrant Amendment Agreement (incorporated by reference from our Current Report on Form 8-K, filed on February 22, 2018)
Exhibit Number
−Removed: 2018 Stock Option Plan (incorporated by reference from
−Removed: our Current Report on Form 8-K, filed on April 25, 2018)
−Removed: Form of Subscription Agreement (incorporated by reference
−Removed: from our Current Report on Form 8-K filed on May 31, 2018)
−Removed: Form of Subscription Agreement (incorporated by reference
−Removed: from our Current Report on Form 8-K filed on October 3, 2018)
+Added: Form of Common Stock Purchase Warrant (incorporated by reference from our Current Report on Form 8-K, filed on March 5, 2018)
+Added: 2018 Stock Option Plan (incorporated by reference from our Current Report on Form 8-K, filed on April 25, 2018)
+Added: Form of Subscription Agreement (incorporated by reference from our Current Report on Form 8-K filed on May 31, 2018)
+Added: Form of Subscription Agreement (incorporated by reference from our Current Report on Form 8-K filed on October 3, 2018)
Rule 13a-14 Certifications
20 unchanged sentences
THE ALKALINE WATER COMPANY INC.
−Removed: November 13, 2018
−Removed: /s/ Richard A.
−Removed: President and Chief Executive
+Added: February 14, 2019
+Added: President and Chief Executive Officer
(Principal Executive Officer)
−Removed: November 13, 2018
−Removed: Chief Financial Officer and
−Removed: (Principal Financial Officer and
+Added: February 14, 2019
+Added: Chief Financial Officer and Treasurer
+Added: (Principal Financial 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.