ILLUMINA INC

On August 5, 2024, our Board of Directors approved amendments to the Company’s Amended and Restated Bylaws (the Amended and Restated Bylaws), which became effective the same day. The following is a summary of certain provisions of the Amended and Restated Bylaws. Such summary is not intended to be complete and is qualified in its entirety by reference to the full text of the Amended and Restated Bylaws filed as Exhibit 3.1 to this Quarterly Report on Form 10-Q, which is incorporated herein by reference.

The Amended and Restated Bylaws include certain amendments to, among other things:

1. Add a federal forum provision for the resolution of any complaint asserting a cause of action arising under the Securities Act of 1933 or any rule or regulation promulgated thereunder;

2. Update certain requirements, mechanics, and disclosures relating to stockholders’ meetings;

3. Update and clarify certain procedures and disclosure requirements related to stockholder nominations for director and notice of business to be conducted at a meeting of stockholders; and

4. Align certain indemnification provisions with our certificate of incorporation.

The Amended and Restated Bylaws also incorporate various other updates and technical, clarifying, and conforming changes.