Bark, Inc.
For the period ended Mar 31, 2025. Filed Jun 4, 2025.
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FY2025 · Filed Jun 4, 2025
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Item 15. Exhibits and Financial Statement Schedules
(a)(1) Financial Statements:
Consolidated Financial Statements filed as part of this report are listed in the accompanying Index to Consolidated Financial Statements included in this Annual Report on Form 10-K in Part II, Item 8 “Financial Statements and Supplementary Data.”
(a)(2) Financial Statement Schedules:
Financial statement schedules are omitted because they are not applicable or are not required or the information is included elsewhere in this Annual Report on Form 10-K
(a)(3) & (b):
The following exhibits are filed as part of, or incorporated by reference into, this Annual Report on Form 10-K.
| Incorporated by Reference | |||||
|---|---|---|---|---|---|
| No. | Description of Exhibit | Filed or Furnished Herewith | Form | File No. | Date Filed |
| 2.1 | Agreement and Plan of Reorganization, dated as of December 16, 2020, by and among Northern Star Acquisition Corp., NSAC Merger Sub Corp. and Barkbox, Inc. | 8-K | 001-39691 | 12/17/2020 | |
| 3.1 | Restated Certificate of Incorporation of BARK, Inc. | X | |||
| 3.2 | Amended and Restated Bylaws of BARK, Inc. | 8-K | 001-39691 | 11/23/2021 | |
| 4.1 | Description of registered securities | 10-K | 001-39691 | 6/7/2021 | |
| 4.2 | Specimen Share Certificate | S-1 | 333-249138 | 10/14//2020 | |
| 4.3 | Specimen Warrant Certificate | S-1 | 333-249138 | 10/14//2020 | |
| 4.4 | Warrant Agreement, dated as of November 10, 2020, between Continental Stock Transfer & Trust Company and the Registrant | S-1 | 333-249138 | 10/14//2020 | |
| 4.5 | Indenture, dated as of November 27, 2020, between BarkBox, Inc. and U.S. Bank National Association, as Trustee and Collateral Agent | S-4 | 333-252603 | 2/1/2021 | |
| 4.6 | Supplemental Indenture #1, dated as of April 30, 2021, between Legacy BARK, BarkPark, LLC and Barkretail, LLC | S-1 | 333-257306 | 6/23/2021 | |
| 4.7 | Supplemental Indenture #2, dated as of June 2, 2021, between Bark, Bark International, LLC and The Original Bark | S-1 | 333-257306 | 6/23/2021 | |
| 4.8 | Form of Warrant to purchase shares of BarkBox, Inc. common stock dated July 21, 2015 | S-4 | 333-252603 | 2/1/2021 | |
| 4.9 | Form of Warrant to purchase shares of BarkBox, Inc. common stock dated April 1, 2016 | S-4 | 333-252603 | 2/1/2021 | |
| 4.10 | Form of Warrant to purchase shares of BarkBox, Inc. common stock dated December 3, 2018 | S-4 | 333-252603 | 2/1/2021 | |
| 4.11 | Form of Warrant to purchase shares of BarkBox, Inc. preferred stock dated October 12, 2017 | S-4 | 333-252603 | 2/1/2021 | |
| 4.12 | Form of Warrant to purchase shares of BarkBox, Inc. common stock dated December 7, 2018 | S-4 | 333-252603 | 2/1/2021 | |
| 4.13 | Omnibus Amendment to Warrants to purchase shares of BarkBox, Inc. stock dated July 31, 2020 | S-4 | 333-252603 | 2/1/2021 | |
| 4.14 | Second Amended and Restated Investors’ Rights Agreement by and among Barkbox, Inc. and the investors listed on Schedule A thereto, dated May 16, 2016 | S-4 | 333-252603 | 2/1/2021 | |
| 4.15 | First Amendment to Second Amended and Restated Investors’ Rights Agreement by and among Barkbox, Inc. and the other signatories thereto, dated December 20, 2016 | S-4 | 333-252603 | 2/1/2021 | |
| 4.16 | Second Amendment to Second Amended and Restated Investors’ Rights Agreement by and among Barkbox, Inc. and the other parties thereto, dated November 27, 2020 | S-4 | 333-252603 | 2/1/2021 | |
| 4.17 | Third Amendment to Second Amended and Restated Investors’ Rights Agreement by and among Barkbox, Inc. and the other parties thereto, dated December 16, 2020 | S-4 | 333-252603 | 2/1/2021 | |
| 10.1 | Investment Management Trust Agreement, dated as of November 10, 2019, between Continental Stock Transfer & Trust Company and the Registrant | 8-K | 001-39691 | 11/13/2020 | |
| 10.2# | 2011 Stock Incentive Plan | S-4 | 333-252603 | 2/1/2021 | |
| 10.3# | 2021 Equity Incentive Plan | S-8 | 333-258596 | 8/6/2021 | |
| 10.4# | 2021 Employee Stock Purchase Agreement | S-8 | 333-258596 | 8/6/2021 | |
| 10.5# | Form of Indemnity Agreement | S-4 | 333-252603 | 2/1/2021 | |
| 10.6 | Form of Convertible Secured Note due 2025 (included in Exhibit 4.5) | S-4 | 333-252603 | 2/1/2021 | |
| 10.7 | Lease Agreement by and between Barkbox, Inc. and 221 Canal Street LLC, dated September 16, 2013 | S-4 | 333-252603 | 2/1/2021 | |
| 10.8 | Lease, dated October 29, 2021, between 120 Broadway Holdings, LLC and Barkbox, Inc. | 8-K | 001-39691 | 11/4/2021 | |
| 10.9# | Form of Severance and Change In Control Agreement | 10-K | 001-39691 | 5/31/2022 | |
| 19 | Insider Trading Policy | 10-K | 001-39691 | 6/3/2024 | |
| 21.1 | List of subsidiaries | 10-K | 001-39691 | 6/7/2021 | |
| 23.1 | Consent of Deloitte & Touche LLP | X | |||
| 24.1 | Power of Attorney (included on signature page hereto) | ||||
| 31.1 | Certification of Principal Executive Officer Pursuant to Securities Exchange Act Rules 13a-14(a) and 15(d)-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | X | |||
| 31.2 | Certification of Principal Financial Officer Pursuant to Securities Exchange Act Rules 13a-14(a) and 15(d)-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | X | |||
| 31.3 | Certification of Principal Financial Officer Pursuant to Securities Exchange Act Rules 13a-14(a) and 15(d)-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | X | |||
| 32.1* | Certification of Principal Executive Officer Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 | X | |||
| 32.2* · Certification of 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 | ||||||
|---|---|---|---|---|---|---|
| 32.3* · Certification of 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 | Policy on Recoupment of Incentive Compensation | 10-K | 001-39691 | 6/3/2024 | ||
| 101.INS | XBRL Instance Document | X | ||||
| 101.SCH | XBRL Taxonomy Extension Schema Document | |||||
| 101.CAL | XBRL Taxonomy Extension Calculation Linkbase Document | X | ||||
| 101.DEF | XBRL Taxonomy Extension Definition Linkbase Document | X | ||||
| 101.LAB | XBRL Taxonomy Extension Label Linkbase Document | X | ||||
| 101.PRE | XBRL Taxonomy Extension Presentation Linkbase Document | X | ||||
| 104 | Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) | |||||
| # | Indicates management contract or compensatory plan or arrangement. | |||||
| * | The certifications attached as Exhibit 32.1 and 32.2 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 BARK, 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 Annual Report on Form 10-K, irrespective of any general incorporation language contained in such filing. | |||||
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