UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
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ITEM 8.01 OTHER EVENTS
On April 11, 2023, Purple Innovation, Inc., a Delaware corporation (the “Company”), and Coliseum Capital Management, LLC, a Delaware limited liability company (“Coliseum”), entered into a binding memorandum of understanding (the “MOU”) in connection with the previously disclosed action entitled Coliseum Capital Management, LLC v. DiCamillo et al., C.A. No. 2023-0220-PAF (the “Action”) and contested solicitation of proxies with respect to the election of directors at the Company’s 2023 annual meeting of stockholders (the “Contested Solicitation”). The parties have agreed to work in good faith toward execution of a definitive cooperation agreement in connection with the foregoing to resolve the Action and Contested Solicitation. A copy of the MOU is attached as Exhibit 99.1 to this Current Report on Form 8-K and incorporated herein by reference.
On April 13, 2023, the Company issued a press release addressing the MOU. A copy of the Company’s press release is attached as Exhibit 99.2 to this Current Report on Form 8-K and incorporated herein by reference.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
(d) Exhibits:
| Exhibit Number |
Description | |
| 99.1 | Memorandum of Understanding dated April 11, 2013 | |
| 99.2 | Press Release issued by the Company on April 13, 2023 | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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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 hereunto duly authorized.
| Dated: April 13, 2023 |
PURPLE INNOVATION, INC. | |
| By: | /s/ Casey K. McGarvey | |
| Casey K. McGarvey | ||
| Chief Legal Officer, Secretary | ||
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