DOMO INC
For the period ended Jan 31, 2024. Filed Mar 28, 2024.
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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.
FY2024 · Filed Mar 28, 2024
Extracted filing text, with the paragraph anchors used by the comparison.
See the whole filing, with its images and exhibitsContents
Item 16. Form 10-K Summary
None.
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.
| DOMO, INC. | ||
| Date: March 28, 2024 | By: | /s/ Joshua G. James |
|---|---|---|
| Joshua G. James | ||
| Chief Executive Officer and Director | ||
| (Principal Executive Officer) | ||
| Date: March 28, 2024 | By: | /s/ David Jolley |
| David Jolley | ||
| Chief Financial Officer | ||
| (Principal Financial and Accounting Officer) | ||
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that each person whose signature appears below constitutes and appoints Joshua G. James and David Jolley, and each of them, with full power of substitution and resubstitution and full power to act without the other, as his or her true and lawful attorney-in-fact and agent to act in his or her name, place and stead and to execute in the name and on behalf of each person, individually and in each capacity stated below, and to file, any and all documents in connection therewith, with the Securities and Exchange Commission, granting unto said attorney-in-fact and agents, and each of them, full power and authority to do and perform each and every act and thing, ratifying and confirming all that said attorney-in-fact and agents or any of them or their and his or her substitute or substitutes, may lawfully do or cause to be done by virtue thereof.
Pursuant to the requirements of the Securities Exchange Act of 1934, this Report has been signed below by the following persons on behalf of the Registrant in the capacities and on the dates indicated.
| Signature | Title | Date |
|---|---|---|
| /s/ Joshua G. James | Chief Executive Officer and Director (Principal Executive Officer) | March 28, 2024 |
| Joshua G. James | ||
| /s/ David Jolley | Chief Financial Officer (Principal Accounting and Financial Officer) | March 28, 2024 |
| David Jolley | ||
| /s/ Dan Strong | Director | March 28, 2024 |
| Dan Strong | ||
| /s/ Carine S. Clark | Director | March 28, 2024 |
| Carine S. Clark | ||
| /s/ Renée Soto | Director | March 28, 2024 |
| Renée Soto | ||
| /s/ Daniel Daniel | Director | March 28, 2024 |
| Daniel Daniel | ||
| /s/ Jeff Kearl | Director | March 28, 2024 |
| Jeff Kearl | ||
| /s/ John Pestana | Director | March 28, 2024 |
| John Pestana | ||
EXHIBIT INDEX
| Incorporated by Reference | ||||||
|---|---|---|---|---|---|---|
| ExhibitNumber | Description | Form | File No. | Exhibit | Date | Filed Herewith |
| 3.1 | Amended and Restated Certificate of Incorporation | 8-K | 001-38553 | 3.1 | July 3, 2023 | |
| 3.2 | Amended and Restated Bylaws | 8-K | 001-38553 | 3.1 | May 8, 2023 | |
| 4.1 | Specimen Common Stock Certificate of the registrant | S-1/A | 333-225348 | 4.1 | June 18, 2018 | |
| 4.2 | Amended and Restated Investor Rights Agreement, dated April 13, 2017, by and among the registrant and the investors and founders named therein | S-1 | 333-225348 | 4.2 | June 1, 2018 | |
| 4.3 | Warrant to purchase 50,000 shares of Class B common stock, issued to Silicon Valley Bank on July 18, 2016 | S-1 | 333-225348 | 4.4 | June 1, 2018 | |
| 4.4 | Form of Amended and Restated Warrant to Purchase Stock, dated as of January 4, 2019 | 8-K | 001-38553 | 4.1 | January 7, 2019 | |
| 4.5 | Form of Warrant to Purchase Stock, dated as of August 7, 2020 | 8-K | 001-38553 | 4.1 | August 10, 2020 | |
| 4.6 | Description of the registrant's Class B common stock | X | ||||
| 10.1+ | Form of Director and Executive Officer Indemnification Agreement | S-1/A | 333-225348 | 10.1 | June 18, 2018 | |
| 10.2+ | 2011 Equity Incentive Plan, as amended | S-1 | 333-225348 | 10.2 | June 1, 2018 | |
| 10.3+ | Form of Notice of Stock Option Grant and Stock Option Agreement under the 2011 Equity Incentive Plan and Form of RSU Agreement under the 2011 Equity Incentive Plan | S-1 | 333-225348 | 10.3 | June 1, 2018 | |
| 10.4+ | 2018 Equity Incentive Plan and forms of agreements thereunder | S-1/A | 333-225348 | 10.4 | June 18, 2018 | |
| 10.5+ | 2018 Employee Stock Purchase Plan, as amended, and forms of agreements thereunder | 10-K | 001-38553 | 10.5 | March 27, 2023 | |
| 10.6+ | Executive Incentive Compensation Plan | S-1/A | 333-225348 | 10.6 | June 18, 2018 | |
| 10.7 | Loan and Security Agreement, dated as of December 5, 2017, between the registrant, Wilmington Trust National Association and Obsidian Agency Services, Inc. | S-1 | 333-225348 | 10.7 | June 1, 2018 | |
| 10.8 | First Amendment to Loan and Security Agreement and Pledge Agreement dated as of April 17, 2018, between the registrant, Wilmington Trust National Association and Obsidian Agency Services, Inc. | S-1 | 333-225348 | 10.8 | June 1, 2018 | |
| 10.9 | Third Amendment to Loan and Security Agreement, dated as of January 4, 2019, by and among Domo, Inc., a Delaware corporation, Domo, Inc., a Utah corporation, the lenders from time to time party thereto, Obsidian Agency Services Inc., as collateral agent, and Wilmington Trust, National Association, as administrative agent | 8-K | 001-38553 | 10.1 | January 7, 2019 | |
| 10.10 | Fourth Amendment to Loan and Security Agreement, dated as of August 7, 2020, by and among Domo, Inc., a Delaware corporation, Domo, Inc., a Utah corporation, the lenders from time to time party thereto, Obsidian Agency Services Inc., as collateral agent, and Wilmington Trust, National Association, as administrative agent | 8-K | 001-38553 | 10.1 | August 10, 2020 | |
| 10.11+ | Form of Change in Control and Severance Agreement | S-1 | 333-225348 | 10.9 | June 18, 2018 | |
| 10.12 | Outside Director Compensation Policy | S-1 | 333-225348 | 10.10 | June 18, 2018 | |
| 10.13+ | Aircraft Dry Lease Agreement, dated October 15, 2015 between the registrant and JJ Spud LLC | S-1 | 333-225348 | 10.11 | June 1, 2018 | |
| 10.16+ | Confirmatory Employment Letter, dated June 16, 2018, between the registrant and Catherine Wong | S-1 | 333-225348 | 10.14 | June 18, 2018 | |
| 10.17+ | Letter Agreement, dated as of March 1, 2022, by and among the Company, Joshua James, Cocolalla, LLC and Cinnamon Birch, LLC | 8-K | 001-38553 | 10.1 | March 1, 2022 | |
| 10.19+ | Registration Rights Agreement, dated as of March 1, 2022, by and between the Company and Joshua James | 8-K | 001-38553 | 10.3 | March 1, 2022 | |
| 10.20+ | Transition Services Agreement, dated December 8, 2022, by and between the Company and Bruce Felt | 8-K | 001-38553 | 10.1 | December 8, 2022 | |
| 10.21+ | Separation and Transition Agreement, dated January 9, 2023, by and between the Company and Catherine Wong | 8-K | 001-38553 | 10.1 | January 10, 2023 | |
| 10.22+ | Confirmatory Employment Letter, dated as of January 30, 2023, by and between the Company and Daren Thayne | 8-K | 001-38553 | 99.1 | February 1, 2023 | |
| 21.1 | Subsidiaries of the registrant | S-1 | 333-225348 | 21.1 | June 1, 2018 | |
| 23.1 | Consent of Independent Registered Public Accounting Firm | X | ||||
| 24.1 | Powers of Attorney (contained on signature page) | X | ||||
| 31.1 | Certification 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 | ||||
| 31.2 | Certification 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 | Compensation Recovery Policy | X | ||||
| 101.INS | Inline XBRL Instance Document | X | ||||
| 101.SCH | Inline XBRL Taxonomy Extension Schema Linkbase 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 and contained in Exhibit 101) | X | ||||
- Indicates a management contract or compensatory plan.
- The certifications attached as Exhibit 32.1 that accompany this Annual Report on Form 10-K are not deemed filed with the Securities and Exchange Commission and are not to be incorporated by reference into any filing of Domo, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date of this Form 10-K, irrespective of any general incorporation language contained in such filing.
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.