PART II
INFORMATION REQUIRED IN THE REGISTRATION STATEMENT
Item 3. Incorporation of Documents by Reference.
The following documents, which have been filed by the registrant (Commission File No. 001-35854) with the SEC
pursuant to the Securities Exchange Act of 1934 (the Exchange Act), are incorporated in this registration statement by reference:
(a) our
Annual Report on Form 10-K for the fiscal year ended December 31, 2022, filed with the SEC on
February 21, 2023, and, with respect to Part III thereof, as updated by the information contained in our definitive Proxy Statement on Schedule
14A, filed with the SEC on April 7, 2023;
(b) our Quarterly Reports on Form 10-Q for the quarters
ended March 31, 2023, June 30, 2023 and September
30, 2023 filed with the SEC on April 25, 2023, July
25, 2023 and October 24, 2023, respectively;
(c) our Current Reports on Form 8-K, filed with the SEC on January
24, 2023, February
27, 2023, February 28, 2023, April
25, 2023, May 22, 2023, July 25,
2023 and October 24, 2023; and
(d) The
description of the Companys Common Stock contained in the Registration Statement on Form 8-A (File No. 001-35854) filed on April 2, 2013, including any amendments or reports filed for the purpose of updating such description and specifically including Exhibit 4.14 to the Companys Annual Report on
Form 10-K filed with the SEC on March 1, 2021.
All documents subsequently filed by the registrant pursuant
to Sections 13(a), 13(c), 14 and 15(d) of the Exchange Act (other than current reports on Form 8-K furnished pursuant to Item 2.02 or Item 7.01 of Form 8-K, including
any exhibits included with such information, unless otherwise indicated therein), prior to the filing of a post-effective amendment which indicates that all securities offered hereby have been sold or which deregisters all securities then remaining
unsold, shall be deemed to be incorporated by reference herein and to be a part hereof from the date of filing of such documents.
Any statement contained
herein or in a document incorporated or deemed to be incorporated by reference herein shall be deemed to be modified or superseded for purposes of this registration statement to the extent that a statement contained herein or in any other
subsequently filed document which also is or is deemed to be incorporated by reference herein, or any document forming any part of the Section 10(a) prospectus to be delivered to participants in connection herewith, modifies or supersedes such
statement. Any statement so modified or superseded shall not be deemed, except as so modified or superseded, to constitute part of this registration statement.
Item 4. Description of Securities.
Not applicable.
Item 5.
Interests of Named Experts and Counsel.
Not applicable.
Item 6. Indemnification of Directors and Officers.
Article VI of Independents Amended and Restated Certificate of Formation, as amended (Certificate of Formation) and Article VI of
Independents Sixth Amended and Restated Bylaws (Bylaws) provide that Independent shall indemnify any person made a party to or involved in any threatened, pending or completed action, suit or proceeding (whether civil, criminal,
administrative or investigative) by reason of the fact that such person is or was a director or officer of Independent or is or was serving at the request of Independent as a director or officer of another foreign or domestic association,
corporation, partnership, joint venture, trust or other entity, or employee benefit plan (whether such action, suit or proceeding is based in whole or in part on the sole or contributory gross or ordinary negligence of such person or otherwise).
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