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Fulgent Genetics Inc

For the period ended Dec 31, 2023. Filed Feb 28, 2024.

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About this filing

A company's yearly report to the SEC, with audited financial statements. It is the fullest account a company gives of its business, its finances and the risks it sees.

FY2023 · Filed Feb 28, 2024

FLGT$26.15+10.2%Stored close · as of Nov 9, 2026

Extracted filing text, with the paragraph anchors used by the comparison.

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Contents

Item 16. Form 10-K Summary

None.

EXHIBIT INDEX

ExhibitNumberDescriptionFormFile NumberIncorporated byReference ExhibitFiling DateFiledHerewith
2.1Agreement and Plan of Merger, dated September 16, 2016, by and among the registrant, Fulgent MergerSub, LLC and Fulgent Therapeutics LLC.S-1/A333-2134692.19/19/2016
3.1Certificate of Incorporation of the registrant, dated May 13, 2016.10-Q001-378943.18/14/2017
3.1.1Certificate of Amendment to Certificate of Incorporation of the registrant, dated August 2, 2016.10-Q001-378943.1.18/14/2017
3.1.2Certificate of Amendment to Certificate of Incorporation of the registrant, dated May 17, 2017.10-Q001-378943.1.28/14/2017
3.2Amended and Restated Bylaws.10-Q001-378943.28/4/2023
4.1Form of Certificate of Common Stock of the registrant.S-1/A333-2134694.19/19/2016
4.2Description of the registrant’s securities.X
10.1#Form of Indemnification Agreement between the registrant and each of its officers and directors.S-1333-21346910.19/2/2016
10.2#Amended and Restated 2015 Equity Incentive Plan of Fulgent Therapeutics LLC.S-1333-21346910.29/2/2016
10.3#Form of Notice of Option Grant and Option Agreement under the Amended and Restated 2015 Equity Incentive Plan of Fulgent Therapeutics LLC.S-1333-21346910.39/2/2016
10.4#Form of Notice of Profits Interest Grant and Profits Interest Agreement under the Amended and Restated 2015 Equity Incentive Plan of Fulgent Therapeutics LLC.S-1333-21346910.49/2/2016
10.5#Form of Notice of Restricted Share Unit Grant and Restricted Share Unit Agreement under the Amended and Restated 2015 Equity Incentive Plan of Fulgent Therapeutics LLC.S-1333-21346910.59/2/2016
10.6#2016 Omnibus Incentive Plan of the registrant.S-1/A333-21346910.69/26/2016
10.7#Form of Notice of Stock Option Award and Stock Option Award Agreement under the 2016 Omnibus Incentive Plan of the registrant.S-1333-21346910.79/2/2016
10.8#Form of Notice of Restricted Stock Unit Award and Restricted Stock Unit Agreement under the 2016 Omnibus Incentive Plan of the registrant.10-K001-3789410.83/17/2017
10.9#Form of Option Substitution Award under the 2016 Omnibus Incentive Plan of the registrant.S-1333-21346910.99/2/2016
10.10#Form of Notice of Restricted Stock Unit Substitution Award and Restricted Stock Unit Agreement under the 2016 Omnibus Incentive Plan of the registrant.S-1333-21346910.109/2/2016
10.11#Employment Agreement, dated May 25, 2016, by and among Fulgent Therapeutics LLC, the registrant and Ming Hsieh.S-1333-21346910.119/2/2016
10.12#Employment Agreement, dated May 25, 2016, by and among Fulgent Therapeutics LLC, the registrant and Paul Kim.S-1333-21346910.129/2/2016
10.13#Amended and Restated Employment Agreement, dated May 25, 2016, by and among Fulgent Therapeutics LLC, the registrant and Han Lin Gao.S-1333-21346910.139/2/2016
10.14#Severance Agreement, dated July 7, 2016, by and among Fulgent Therapeutics LLC, the registrant and Ming Hsieh.S-1333-21346910.149/2/2016
10.15#Severance Agreement, dated July 7, 2016, by and among Fulgent Therapeutics LLC, the registrant and Paul Kim.S-1333-21346910.159/2/2016
10.16#Severance Agreement, dated July 7, 2016, by and among Fulgent Therapeutics LLC, the registrant and Han Lin Gao.S-1333-21346910.169/2/2016
10.17Contribution and Allocation Agreement, dated May 19, 2016, by and among Fulgent Therapeutics LLC, Fulgent Pharma LLC and Ming Hsieh.S-1333-21346910.179/2/2016
10.18Form of Fourth Amended and Restated Operating Agreement of Fulgent Therapeutics LLC, to be in effect upon completion of the Reorganization.S-1/A333-2134692.19/19/2016
10.20Director Compensation Program of the registrant, effective as of September 28, 2016 and amended November 2, 2017.10-K001-3789410.203/20/2018
ExhibitNumber · Description · Form · File Number · Incorporated byReference Exhibit · Filing Date · FiledHerewith
10.21§Cooperation Agreement on the Establishment of Fujian Fujun Gene Biotech Co., Ltd., dated April 25, 2017, by and among Shenzhen Fujin Gene Science & Technology Co., Ltd., Xilong Scientific Co., Ltd. and Fuzhou Jinqiang Investment Partnership (LP).10-Q001-3789410.18/14/2017
10.22Equity Distribution Agreement, dated August 30, 2019, by and between Fulgent Genetics, Inc. and Piper Jaffray & Co.8-K001-378941.18/30/2019
10.23Purchase Agreement, dated as of November 13, 2019, by and between Fulgent Genetics, Inc. and Piper Jaffray & Co.8-K001-378941.111/14/2019
10.24Amendment No. 1 to Equity Distribution Agreement, dated August 4, 2020, by and between Fulgent Genetics, Inc. and Piper Sandler & Co.8-K001-378941.18/5/2020
10.25Equity Distribution Agreement, dated as of September 24, 2020, by and between Fulgent Genetics, Inc. and Piper Sandler & Co.8-K001-378941.19/25/2020
10.26Equity Distribution Agreement, dated as of November 20, 2020, by and between Fulgent Genetics, Inc. and Piper Sandler & Co., BTIG, LLC, and Oppenheimer & Co. Inc.8-K001-378941.111/20/2020
10.27Fulgent Genetics, Inc. Amended and Restated 2016 Omnibus Incentive Plan8-K001-3789410.15/21/2018
10.28Fulgent Genetics, Inc. Amended and Restated 2016 Omnibus Incentive Plan8-K001-3789410.19/18/2020
10.29^Agreement for Purchase and Sale of Property, dated July 23, 20208-K001-378942.110/21/2020
10.30^Aircraft Purchase Agreement, dated August 18, 2020, by and between ServiceMaster Acceptance Corporation and the Company10-Q001-3789410.211/9/2020
10.31#Employment Agreement, dated March 8, 2021, by and among Fulgent Therapeutics, LLC, Fulgent Genetics, Inc. and Jian Xie.10-K001-3789410.373/8/2021
10.32#Severance Agreement, dated March 8, 2021, by and among Fulgent Therapeutics LLC, Fulgent Genetics, Inc. and Jian Xie.10-K001-3789410.383/8/2021
10.33#^Amended and Restated Non-Employee Director Compensation Policy.10-Q001-3789410.15/7/2021
10.34§Restructuring Agreement of Fujian Fujun Gene Biotech Co., Ltd.10-Q001-3789410.18/10/2021
10.35^Amended and Restated Commercial Lease Agreement, dated May 6, 2016, by and between Store Master Funding IX, LLC and Cytometry Specialists, Inc.10-K001-3789410.412/28/2022
10.36#Fulgent Genetics, Inc. Incentive Compensation Recoupment Policy.8-K001-3789410.13/29/2022
10.37Agreement and Plan of Merger by and among Fulgent Therapeutics LLC, solely for purpose of Section 6.20, Fulgent Genetics, Inc., Ducks Acquisition Sub, Inc., Symphony Buyer, Inc., solely in its capacity as the representative of Symphony’s securityholders, Avista Capital Partners IV GP, L.P. and solely for purposes of Section 6.21, Article VIII and Section 10.14, those company stockholders set forth on the signature page thereto, dated as of April 16, 2022.8-K001-378942.14/26/2022
10.38#Amended and Restated Non-Employee Director Compensation Policy, dated as of August 1, 2022.10-Q001-3789410.111/7/2022
10.39#Form of Notice of Restricted Stock Unit Award and Restricted Stock Unit Agreement under the Fulgent Pharma Holdings, Inc. 2022 Omnibus Incentive Plan10-Q001-3789410.211/7/2022
10.40^Agreement and Plan of Merger, by and among Fulgent Genetics, FG Merger Sub, Inc., Fulgent Pharma Holdings, Inc. and solely for purposes of Section 2.4, Section 5.5, Article VI, Section 7.8 and Section 7.14, those company stockholders set forth on the signature page thereto, dated November 7, 202210-Q001-3789410.311/7/2022
ExhibitNumberDescriptionFormFile NumberIncorporated byReference ExhibitFiling DateFiledHerewith
10.41 · Rule 10b5-1 Issuer Repurchase Plan, by and between Fulgent Genetics, Inc. and Piper Sandler & Co., dated December 12, 2023 · X
10.42^Commercial Lease Agreement, dated October 20, 2008, by and between Inform Diagnostics, Inc. and iSTAR CTL I, L.P.10-K001-3789410.482/28/2023
10.43Commercial Lease Amendment (I), dated December 30, 2013, by and between Inform Diagnostics, Inc. and LC Med Property TT, LLC10-K001-3789410.492/28/2023
10.44^Commercial Lease Amendment (II), dated February 3, 2014, by and between Inform Diagnostics, Inc. and LC Med Property TT, LLC10-K001-3789410.502/28/2023
10.45Commercial Lease Agreement by and between Inform Diagnostics and Crawford Street DE, LLC10-K001-3789410.512/28/2023
10.46#2022 Fulgent Pharma Holdings, Inc. Omnibus Incentive Plan10-K001-3789410.522/28/2023
10.47*^#Amended and Restated Non-Employee Director Compensation Policy, dated as of February 23, 2023.10-Q001-3789410.15/5/2023
10.48Executive Officer Incentive Plan10-Q001-3789410.35/5/2023
10.49Amended and Restated 2016 Omnibus Incentive Plan of the registrant8-K001-3789410.15//18/2023
10.50^#Amended and Restated Executive Officer Incentive Plan10-Q001-3789410.211/3/2023
21.1Subsidiaries of the registrant.X
23.1Consent of Deloitte & Touche LLP, independent registered public accounting firm, relating to the financial statements of the registrant.X
24.1Power of Attorney (included on the signature page hereto)X
31.1Certification of Principal Executive Officer pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.X
31.2Certification of Principal Financial Officer pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.X
32.1*Certification of 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
97.1^#Amended and Restated Incentive Compensation Recoupment Policy10-Q001-3789410.111/3/2023
101.INSInline XBRL Instance Document – the instance document does not appear inthe Interactive Data File because XBRL tags are embedded within the InlineXBRL document.X
101.SCHInline XBRL Taxonomy Extension Schema DocumentX
101.CALInline XBRL Taxonomy Extension Calculation Linkbase DocumentX
101.DEFInline XBRL Taxonomy Extension Definition Linkbase DocumentX
101.LABInline XBRL Taxonomy Extension Label Linkbase DocumentX
101.PREInline XBRL Taxonomy Extension Presentation Linkbase DocumentX
104Cover Page Interactive Data File (embedded within the Inline XBRLdocument)X
  • This certification is being furnished solely to accompany this report pursuant to 18 U.S.C. 1350, and are not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the registrant, whether made before or after the date hereof, regardless of any general incorporation by reference language in such filing.
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