LENDWAY INC
For the period ended Dec 31, 2023. Filed Apr 1, 2024.
View on SEC.govAbout 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 Apr 1, 2024
Extracted filing text, with the paragraph anchors used by the comparison.
See the whole filing, with its images and exhibitsContents
Item 15. Exhibits and Financial Statement Schedules
The following financial statements of Lendway, Inc. are included in Item 8:
Reports of Independent Registered Public Accounting Firms
Notes to Consolidated Financial Statements
(a) Exhibits
| ExhibitNumber | Description | Incorporated by Reference To |
| *2.1 | Asset Purchase Agreement dated May 24, 2023 | Exhibit 2.1 to Current Report filed May 25, 2023 |
| *2.2 | Agreement for the Sale and Purchase of Shares, dated February 21, 2024, by and among Tulp 24.1, LLC, Tulipa Acquisitie Holding B.V., Botman Bloembollen B.V., W.F. Jansen, H.J. Strengers and the Company | Exhibit 2.1 to Current Report filed February 26, 2024 |
| 3.1 | Certificate of Incorporation | Exhibit 3.1 to Current Report filed August 9, 2023 |
| 3.2 | Bylaws | Exhibit 3.2 to Current Report filed August 9, 2023 |
| +4.1 | Description of Securities | |
| **10.1 | Employment Agreement with Kristine Glancy dated April 8, 2016 | Exhibit 10.1 to Form 8-K filed April 13, 2016 |
| **10.2 | Change in Control Severance Agreement with Kristine Glancy dated April 8, 2016 | Exhibit 10.2 to Form 8-K filed April 13, 2016 |
| **10.3 | First Amendment to Change in Control Agreement with Kristine A. Glancy dated April 28, 2018 | Exhibit 10.1 to Form 10-Q for the quarterly period ended March 31, 2019 |
| **10.4 | Letter Agreement with Kristine A. Glancy dated as of July 13, 2023 | Exhibit 10.1 to Form 8-K filed July 19, 2023 |
| **10.5 | Employment Agreement with Adam May dated December 20, 2019 | Exhibit 10.18 to Annual Report on Form 10-K for the year ended December 31, 2019 |
| **10.6 | Change in Control Agreement with Adam May dated December 20, 2019 | Exhibit 10.19 to Annual Report on Form 10-K for the year ended December 31, 2019 |
| **10.7 | Retention Agreement with Adam D. May dated January 13, 2023 | Exhibit 10.1 to Form 8-K filed January 19, 2023 |
| **10.8 | Letter Agreement with Adam D. May, dated May 24, 2023 | Exhibit 10.2 to Form 8-K filed May 25, 2023 |
| **10.9 | Employment Agreement with Zackery A. Weber dated September 10, 2021 | Exhibit 10.1 to Form 8-K filed September 16, 2021 |
| **10.10 | Retention Agreement with Zackery A. Weber dated January 13, 2023 | Exhibit 10.2 to Form 8-K filed January 19, 2023 |
| **10.11 | Letter Agreement with Zackery A. Weber dated August 4, 2023 | Exhibit 10.1 to Form 8-K filed August 9, 2023 |
| **10.12 | Employment Agreement with Randy Uglem dated March 31, 2023 | Exhibit 10.3 to Form 10-Q for the three months ended March 31, 2023 |
| **10.13 | 2013 Omnibus Stock and Incentive Plan, as amended | Exhibit 10.2 to Form 8-K filed December 2, 2016 |
| **10.14 | Form of Incentive Stock Option Agreement under 2013 Omnibus Stock and Incentive Plan | Exhibit 10.1 to Form 8-K filed August 23, 2013 |
| **10.15 | 2018 Equity Incentive Plan | Exhibit 99.1 to Registration Statement on Form S-8, Reg. No. 333-226670 |
| **10.16 | Employee Stock Purchase Plan, as amended | Exhibit 99.2 to Registration Statement on Form S-8, filed August 8, 2018 |
| **10.17 | Deferred Compensation Plan for Directors | Exhibit 10.1 to Form 10-Q for the quarterly period ended March 31, 2018 |
| **10.18 | Form of Retention Agreement | Exhibit 10.2 to Form 8-K filed September 16, 2021 |
| **10.19 | Form of Annual Cash Incentive Compensation Agreement for fiscal year ending December 31, 2022 | Exhibit 10.2 to Form 10-Q for the quarterly period ended September 30, 2022 |
| 10.20 | Bridge Loan Agreement, dated February 22, 2024, by and between Botman Bloembollen B.V., W.F. Jansen, H.J. Strengers, Tulp 24.1, LLC, Tulipa Acquisitie Holding B.V. and the Company | Exhibit 10.1 to Form 8-K filed February 26, 2024 |
| 10.21 | Bridge Loan Agreement, dated February 22, 2024, by and between Botman Bloembollen B.V. and Tulipa Acquisitie Holding B.V. | Exhibit 10.2 to Form 8-K filed February 26, 2024 |
| *10.22 | Credit Agreement, dated February 20, 2024, by and among the Company, TULP 24.1, LLC, Tulipa Acquisitie Holding B.V., Bloomia B.V., Fresh Tulips USA, LLC, and Associated Bank, N.A., a national banking association | Exhibit 10.3 to Form 8-K filed February 26, 2024 |
| 10.23 | Amended and Restated Limited Liability Company Agreement, dated February 22, 2024, by and among the Company, Tulp 24.1, LLC and Werner F. Jansen | Exhibit 10.4 to Form 8-K filed February 26, 2024 |
| 10.24 | Management Services Agreement, dated February 22, 2024, by and between the Company and Tulp 24.1, LLC | Exhibit 10.5 to Form 8-K filed February 26, 2024 |
| 10.25 | Lease Agreement, dated July 1, 2021, by and between Horti-Group, LLC and Fresh Tulips USA, LLC dba Bloomia | Exhibit 10.6 to Form 8-K filed February 26, 2024 |
| +21.1 | List of Subsidiaries | |
| +23.1 | Consent of Independent Registered Public Accounting Firm | |
| +23.2 | Consent of Independent Registered Public Accounting Firm | |
| +24.1 | Powers of Attorney | |
| +31 | Certification of Principal Executive and Financial Officer pursuant to Section 302 of the Sarbanes Oxley Act of 2002 | |
| ++32 | Section 1350 Certifications | |
| +97 | Compensation Recoupment Policy | |
| +101 | The following materials from Lendway Inc.’s Annual Report on Form 10-K for the year ended December 31, 2023 are filed herewith, formatted in inline XBRL (Extensible Business Reporting Language): (i) Balance Sheets, (ii) Statements of Operations, (iii) Statements of Stockholders’ Equity (iv) Statements of Cash Flows, and (v) Notes to Financial Statements. | |
| +104 | Cover Page Interactive Data File (the cover page XBRL tags are embedded in the inline XBRL document) |
- Schedules have been omitted pursuant to Item 601(a)(5) of Regulation S-K. A copy of any omitted schedule will be furnished to the SEC upon request; provided, however, that the parties may request confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended, for any document so furnished.
** Denotes a management contract or compensatory plan or arrangement required to be filed as an exhibit to this report pursuant to Item 15(b) of Form 10-K.
- Filed herewith.
++ Furnished herewith.
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.