Amended Current Report Filing (8-k/a)

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K/A

(Amendment No. 1)

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): May 21, 2021

Purple Innovation, Inc.

(Exact Name of Registrant as Specified in its Charter)

Delaware

001-37523

47-4078206

(State of Incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)

4100 North Chapel Ridge Rd., Suite 200
Lehi, Utah		84043
(Address of Principal Executive Offices)		(Zip Code)

Registrant’s telephone number, including area code: (801) 756-2600

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

☐	Written communication pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
☐	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
☐	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
☐	Pre-commencements communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of each class		Trading Symbol(s)		Name of each exchange on which registered
Class A Common Stock, par value $0.0001 per share		PRPL		The NASDAQ Stock Market LLC

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§ 230.405 of this chapter) or Rule 12b–2 of the Securities Exchange Act of 1934 (§ 240.12b–2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Explanatory Note

This Amendment No. 1 to Current Report on Form 8-K/A amends Purple Innovation, Inc.’s Current Report on Form 8-K originally filed on May 21, 2021, solely to provide Inline eXtensible Business Reporting Language tagging to the cover page. No other changes have been made to the original filing.

ITEM 5.07.

SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS

On May 21, 2021, the following proposals were approved by the stockholders of Purple Innovation, Inc. (the “Company”) at the Company’s 2021 Annual Meeting of Stockholders:

Election of eight directors to serve until their successors are duly elected and qualified at the next annual meeting of stockholders or until their earlier death, resignation or removal;

Approval, on an advisory basis, of the compensation of the Company’s named executive officers as set forth in the Proxy Statement;

Approval, on an advisory basis, of a one-year frequency for future stockholder advisory votes on executive compensation; and

Ratification of the selection of BDO USA, LLP as the Company's independent registered public accounting firm for the fiscal year ending December 31, 2021.

The voting results were as follows:	For		Against		Abstain		Broker Non-Votes
Election of Directors
Pano Anthos		47,918,773		361,789		12,887		4,048,526
Gary DiCamillo		48,042,680		237,711		13,058		4,048,526
Adam Gray		47,275,939		1,002,169		15,341		4,048,526
Claudia Hollingsworth		48,076,942		203,939		12,568		4,048,526
Gary Kiedaisch		48,203,859		74,138		15,452		4,048,526
Joseph B. Megibow		47,954,380		323,905		15,164		4,048,526
Paul Zepf		47,750,985		526,937		15,527		4,048,526
Dawn Zier		47,622,776		658,110		12,563		4,048,526

	For		Against		Abstain		Broker Non-Votes
Approval of Executive Compensation		47,899,157		360,056		34,238		4,048,524

1 Year

2 Years

3 Years

Abstain

Broker

Non-Votes

Frequency of Future Advisory Votes

47,950,769

9,259

319,474

13,948

4,048,525

	For		Against		Abstain		Broker Non-Votes
Ratification of BDO USA, LLP		52,299,974		8,447		33,553		1

Based upon the results set forth above with respect to the frequency of future advisory votes, and consistent with the Board's recommendation, the Board of Directors has determined that advisory votes on executive compensation will be submitted to shareholders on an annual basis until the next required vote on the frequency of such votes.

SIGNATURE

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.