Item 5. Other Information
Item 5. Other Information
None.
Item 6. Exhibits
See the Exhibit index following the signature page to this Form 10-Q for a list of exhibits filed or furnished with this report, which Exhibit Index is incorporated herein by reference.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
INPIXON
Date: November 14, 2022 By: /s/ Nadir Ali
Nadir Ali
Chief Executive Officer
(Principal Executive Officer)
By: /s/ Wendy Loundermon
Wendy Loundermon
Chief Financial Officer
(Principal Financial Officer)
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EXHIBIT INDEX
Exhibit Number Exhibit Description Form File No. Exhibit Filing Date Filed Herewith
2.1†
Stock Purchase Agreement, dated as of April 30, 2021, among Inpixon, Design Reactor, Inc., dba The CXApp, the sellers set forth on the signature page thereto and each other person who owns outstanding capital stock of The CXApp and executes a Joinder to Stock Purchase Agreement, and Leon Papkoff, as Sellers’ Representative
8-K 001-36404 2.1 May 6, 2021
2.2†
Share Sale and Purchase Agreement, dated as of December 8, 2021, between Nanotron Technologies GmbH and the Shareholders of IntraNav GmbH.
8-K 001-36404 2.1 December 13, 2021
2.3 Amendment to Stock Purchase Agreement, dated as of December 30, 2021, by and between Inpixon and Leon Papkoff, in his capacity as the Sellers’ Representative.
8-K 001-36404 2.1 December 30, 2021
2.4† Agreement and Plan of Merger, dated as of September 25, 2022, by and among KINS Technology Group Inc., Inpixon, CXApp Holding Corp. and KINS Merger Sub Inc
8-K 001-36404 2.1 September 26, 2022
2.5† Separation and Distribution Agreement, dated as of September 25, 2022, by and among KINS Technology Group Inc., Inpixon, CXApp Holding Corp. and Design Reactor, Inc.
8-K 001-36404 2.2 September 26, 2022
2.6 Sponsor Support Agreement, dated as of September 25, 2022, by and among KINS Capital LLC, KINS Technology Group Inc., Inpixon and CXApp Holding Corp.
8-K 001-36404 2.3 September 26, 2022
3.1 Restated Articles of Incorporation.
S-1 333-190574 3.1 August 12, 2013
3.2 Certificate of Amendment to Articles of Incorporation (Increase Authorized Shares).
S-1 333-218173 3.2 May 22, 2017
3.3 Certificate of Amendment to Articles of Incorporation (Reverse Split).
8-K 001-36404 3.1 April 10, 2014
3.4 Articles of Merger (renamed Sysorex Global).
8-K 001-36404 3.1 December 18, 2015
3.5 Articles of Merger (renamed Inpixon).
8-K 001-36404 3.1 March 1, 2017
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Exhibit Number Exhibit Description Form File No. Exhibit Filing Date Filed Herewith
3.6 Certificate of Amendment to Articles of Incorporation (Reverse Split).
8-K 001-36404 3.2 March 1, 2017
3.7 Certificate of Amendment to Articles of Incorporation (authorized share increase).
8-K 001-36404 3.1 February 5, 2018
3.8 Certificate of Amendment to Articles of Incorporation (Reverse Split).
8-K 001-36404 3.1 February 6, 2018
3.9 Certificate of Amendment to Articles of Incorporation (Reverse Split).
8-K 001-36404 3.1 November 1, 2018
3.10 Certificate of Amendment to Articles of Incorporation, effective as of January 7, 2020 (Reverse Split).
8-K 001-36404 3.1 January 7, 2020
3.11 Certificate of Amendment to the Articles of Incorporation increasing the number of authorized shares of Common Stock from 250,000,000 to 2,000,000,000 filed with the Secretary of State of the State of Nevada on November 18, 2021
8-K 001-36404 3.1 November 19, 2021
3.12 Certificate of Change filed with the Secretary of State of the State of Nevada on October 4, 2022 (effective as of October 7, 2022).
8-K 001-36404 3.1 October 6, 2022
3.13 Bylaws, as amended.
S-1 333-190574 3.2 August 12, 2013
3.14 Bylaws Amendment .
8-K 001-36404 3.2 September 13, 2021
3.15 Form of Certificate of Designation of Preferences, Rights and Limitations of Series 4 Convertible Preferred Stock.
8-K 001-36404 3.1 April 24, 2018
3.16 Certificate of Designation of Series 5 Convertible Preferred Stock, dated as of January 14, 2019.
8-K 001-36404 3.1 January 15, 2019
3.17 Series 7 Convertible Preferred Stock Certificate of Designation, filed with the Secretary of State of the State of Nevada and effective September 13, 2021
8-K 001-36404 3.1 September 15, 2021
3.18 Series 8 Convertible Preferred Stock Certificate of Designation, filed with the Secretary of State of the State of Nevada and effective March 22, 2022
8-K 001-36404 3.1 March 24, 2022
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Exhibit Number Exhibit Description Form File No. Exhibit Filing Date Filed Herewith
4.1 Promissory Note, dated as of July 22, 2022.
8-K 001-36404 4.1 July 22, 2022
4.2 Form of Purchase Warrants
8-K 001-36404 4.1 October 20, 2022
4.3 Form of Pre-Funded Warrants
8-K 001-36404 4.2 October 20, 2022
10.1 Amendment No. 2 to Board of Directors Services Agreement, dated as of May 16, 2022, between Inpixon and Kareem M. Irfan
X
10.2 Equity Distribution Agreement, dated as of July 22, 2022, between Inpixon and Maxim Group LLC
8-K 001-36404 10.1 July 22, 2022
10.3† Note Purchase Agreement, dated as of July 22, 2022
8-K 001-36404 10.2 July 22, 2022
10.4 Securities Purchase Agreement, dated as of April 27, 2022
10-Q 001-36404 10.1 August 15, 2022
10.5 10% Original Issue Discount Senior Convertible Debenture
10-Q 001-36404 10.2 August 15, 2022
10.6 Subsidiary Guarantee
10-Q 001-36404 10.3 August 15, 2022
10.7† Form of Securities Purchase Agreement
8-K 001-36404 10.1 October 20, 2022
10.8 Placement Agency Agreement, dated as of October 18, 2022
8-K 001-36404 10.2 October 20, 2022
31.1 Certification of the Company’s Principal Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, with respect to the registrant’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2022.
X
31.2 Certification of the Company’s Principal Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, with respect to the registrant’s Quarterly Report on Form 10-Q for the quarter ended September 30 2022 .
X
32.1# Certification of the Company’s Principal Executive Officer and Principal Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
X
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Exhibit Number Exhibit Description Form File No. Exhibit Filing Date Filed Herewith
101.INS Inline XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document. X
101.SCH Inline XBRL Taxonomy Extension Schema Document. X
101.CAL Inline XBRL Taxonomy Extension Calculation Linkbase Document. X
101.DEF Inline XBRL Taxonomy Extension Definition Linkbase Document. X
101.LAB Inline XBRL Taxonomy Extension Label Linkbase Document. X
101.PRE Inline XBRL Taxonomy Extension Presentation Linkbase Document. X
104 Cover Page Interactive Data File (formatted as inline XBRL with applicable taxonomy extension information contained in Exhibits 101). X
† Exhibits, schedules and similar attachments have been omitted pursuant to Item 601 of Regulation S-K and the registrant undertakes to furnish supplemental copies of any of the omitted exhibits and schedules upon request by the SEC.
# This certification is deemed not filed for purposes of Section 18 of the Exchange Act or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference into any filing under the Securities Act or the Exchange Act.
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Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.