XML 43 R30.htm IDEA: XBRL DOCUMENT v3.25.4
Subsequent Events
12 Months Ended
Jan. 02, 2026
Subsequent Events [Abstract]  
Subsequent Events

Note 19 — Subsequent Events

On January 6, 2026, the Company held a special meeting of stockholders (the “Special Meeting”) to vote on the Merger with Alcon. At the Special Meeting, the Company’s stockholders voted against the Merger, and the Merger Agreement was terminated in accordance with its terms effective January 6, 2026. None of the Company, Alcon or Merger Sub was required to pay any termination fee as a result of the termination of the Merger Agreement, and the parties are responsible for their respective costs and expenses related to the Merger Agreement and the transactions contemplated thereby.

Following the termination of the Merger Agreement, on January 14, 2026, the Company entered into a letter agreement (the “Cooperation Agreement”) with Broadwood Partners, L.P. and its affiliates (“Broadwood”), the Company’s largest stockholder. Pursuant to the Cooperation Agreement, the Company increased the size of the Board of Directors of the Company (the “Board”) from six to seven directors, accepted the resignations of Stephen C. Farrell and Elizabeth Yeu, M.D. from the Board, and appointed each of Neal C. Bradsher, Richard T. LeBuhn and Christopher Min Fang Wang (each a “New Director”) to the Board. Additionally, the Company agreed that the Board will nominate each of the New Directors as a candidate for election as a director at the 2026 annual meeting of stockholders of the Company and that the size of the Board until the conclusion of the 2027 annual meeting of stockholders of the Company will not exceed seven directors.

In connection with the Company’s entry into the Cooperation Agreement, Mr. Farrell entered into a letter agreement with the Company, dated as of January 14, 2026 (the “Letter Agreement”), that provided for Mr. Farrell’s resignation from the Board and the termination of Mr. Farrell’s employment as Chief Executive Officer. Mr. Farrell’s termination of employment was effective as of January 31, 2026, and was treated as a termination by the Company without cause for all purposes. Mr. Farrell has agreed to provide consulting services to the Company for a period of one year, for which Mr. Farrell will receive consulting fees of $45,000 per month. The Letter Agreement provides that, in accordance with Mr. Farrell’s Employment Agreement with the Company, dated as of February 26, 2025 (the “Employment Agreement”), Mr. Farrell will be eligible to receive certain Accrued Benefits and Severance Benefits (as each such term is defined in the Employment Agreement), and that Mr. Farrell’s unvested RSUs and PSUs will continue to be earned, vest and be settled during the one-year consulting period.

Note 19 — Subsequent Events (Continued)

The Cooperation Agreement also provided for the reimbursement to Broadwood, Yunqi Capital and Defender Capital of certain reasonable and documented out-of-pocket fees and expenses they have incurred of approximately $7,000,000. The Company expects to pay such amounts in the first quarter of fiscal 2026.

On January 15, 2026, Mr. Bradsher was elected as Board Chair, to serve in accordance with the Company’s amended and restated bylaws.

On February 1, 2026, the Company appointed Warren Foust and Deborah Andrews as interim Co-Chief Executive Officers, effective February 1, 2026. The Company has established a Search Committee of the Board, which has initiated a global search for the Company’s next Chief Executive Officer, including both internal and external candidates.