0001144204-17-052115.txt : 20171011 0001144204-17-052115.hdr.sgml : 20171011 20171011203403 ACCESSION NUMBER: 0001144204-17-052115 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20171011 FILED AS OF DATE: 20171011 DATE AS OF CHANGE: 20171011 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Berry Bernie B III CENTRAL INDEX KEY: 0001719253 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-38242 FILM NUMBER: 171133611 MAIL ADDRESS: STREET 1: 2850 FRONTIER DRIVE CITY: WARSAW STATE: IN ZIP: 46582 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: ORTHOPEDIATRICS CORP CENTRAL INDEX KEY: 0001425450 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 000000000 STATE OF INCORPORATION: DE BUSINESS ADDRESS: STREET 1: 210 NORTH BUFFALO STREET CITY: WARSAW STATE: IN ZIP: 46580 BUSINESS PHONE: 574-268-6379 MAIL ADDRESS: STREET 1: 210 NORTH BUFFALO STREET CITY: WARSAW STATE: IN ZIP: 46580 3 1 tv476799_3.xml OWNERSHIP DOCUMENT X0206 3 2017-10-11 0 0001425450 ORTHOPEDIATRICS CORP KIDS 0001719253 Berry Bernie B III C/O ORTHOPEDIATRICS CORP. 2850 FRONTIER DRIVE WARSAW IN 46582 1 0 0 0 Common Stock 34243 D Stock Option (Right to Buy) 30.97 2020-09-01 Common Stock 670 D Stock Option (Right to Buy) 30.97 2021-08-02 Common Stock 670 D Stock Option (Right to Buy) 30.97 2022-08-23 Common Stock 670 D Stock Option (Right to Buy) 30.97 2023-09-10 Common Stock 670 D Warrant (Right to Buy) 27.61 2018-11-30 Common Stock 3623 D Series B Convertible Preferred Stock 13.09 Common Stock 4020 D The stock option is fully vested and immediately exercisable. The warrant is currently exercisable. The Series B Convertible Preferred Stock is convertible at any time at the holder's election into shares of Common Stock at the then-existing conversion price, and has no expiration date. Exhibit List: Exhibit 24 - Power of Attorney /s/ Daniel J. Gerritzen, Attorney-in-Fact 2017-10-11 EX-24 2 tv476799_ex-24.htm POWER OF ATTORNEY

Exhibit 24

POWER OF ATTORNEY

The undersigned hereby constitutes and appoints each of Fred L. Hite and Daniel J. Gerritzen, or either of them signing singly, and with full power of substitution, the undersigned’s true and lawful attorney-in-fact to:

(i)

execute for and on behalf of the undersigned, in the undersigned’s capacity as an officer and/or director of OrthoPediatrics Corp. (the “Company”), Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules promulgated thereunder;

(ii)

do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5, complete and execute any amendment or amendments thereto, and timely file such forms with the U.S. Securities and Exchange Commission and any stock exchange or similar authority; and

(iii)

take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of or legally required by the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact’s discretion.

The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact’s substitute or substitutes, shall lawfully do or cause to be done by virtue of this Power of Attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned’s responsibilities to comply with Section 16 of the Exchange Act.

This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned’s holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.

* * * * *

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 11th day of October, 2017.

/s/ Bernie B. Berry, III

Bernie B. Berry, III