secwatch / observer
8-K filed December 22, 2022, 6:59 PM ET CIK 0001929589
M&A confidence high sentiment negative materiality 0.85

MariaDB plc: M&A transaction — MariaDB completes SPAC merger with Angel Pond Holdings; 99% of public shares redeemed for $266.3M

MariaDB plc

Key facts

Extracted from this filing and checked against the source text.

Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

MariaDB plc: Amended the Memorandum and Articles of Association effective in advance of the Irish Domestication Merger.

Change
charter amendment
Exact text from the filing
A copy of the Amended MariaDB Memorandum and Articles of Association, which became effective in advance of the Irish Domestication Merger, is filed herewith as Exhibit 3.1 and incorporated herein by reference.
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Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

MariaDB plc: Adopted a new Code of Business Conduct and Ethics on December 18, 2022 (effective 2022-12-18).

Change
code of ethics
Effective
2022-12-18
Exact text from the filing
on December 18, 2022, the Company’s board of directors approved and adopted a new Code of Business Conduct and Ethics applicable to all employees, officers and directors of the Company.
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Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

MariaDB plc: Irish Holdco ceased being a shell company as a result of the Business Combination.

Change
shell status
Exact text from the filing
As a result of the Business Combination, Irish Holdco ceased being a shell company.
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M&A Transactions SEC 8-K Item 2.01/5.01 confidence 0.9

MariaDB plc underwent a change of control (closed 2022-12-16).

Action
change of control
Closing
2022-12-16
Exact text from the filing
As a result of the completion of the Merger pursuant to the Business Combination Agreement, a change of control of the Company has occurred.
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Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.9

MariaDB plc entered into Lock-Up Agreement with MariaDB, the Sponsor, APHC, certain executive officers and directors of Legacy MariaDB and APHC, and certain other equityholders of Legacy MariaDB and APHC.

Action
entry
Counterparty
MariaDB, the Sponsor, APHC, certain executive officers and directors of Legacy MariaDB and APHC, and certain other equityholders of Legacy MariaDB and APHC
Exact text from the filing
In connection with the closing of the Merger, MariaDB, the Sponsor, APHC, certain executive officers and directors of Legacy MariaDB and APHC, and certain other equityholders of Legacy MariaDB and APHC, entered into a lock-up agreement (the “ Lock-Up Agreement ”).
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Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.9

MariaDB plc entered into Registration Rights Agreement with the Sponsor, its principals (Theodore Wang and Lionyet International Ltd.), certain directors and executive officers of Legacy MariaDB and APHC, and certain other equityholders of Legacy MariaDB and APHC.

Action
entry
Counterparty
the Sponsor, its principals (Theodore Wang and Lionyet International Ltd.), certain directors and executive officers of Legacy MariaDB and APHC, and certain other equityholders of Legacy MariaDB and APHC
Exact text from the filing
In connection with the closing of the Merger, MariaDB entered into a Registration Rights Agreement with the Sponsor, its principals (Theodore Wang and Lionyet International Ltd.), certain directors and executive officers of Legacy MariaDB and APHC, and certain other equityholders of Legacy MariaDB and APHC (the “ Registration Rights Agreement ”), pursuant to which the signatories and their permitted assigns are entitled to, among other things, certain registration rights with respect to their MariaDB Ordinary Shares and other MariaDB securities.
View on SEC.gov
Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.9

MariaDB plc entered into Warrant Assignment Agreement with APHC, MariaDB and Computershare (effective 2022-12-16).

Action
entry
Counterparty
APHC, MariaDB and Computershare
Effective
2022-12-16
Exact text from the filing
In addition, APHC, MariaDB and Computershare entered into a Post-Amendment Assignment and Assumption Agreement, dated as of December 16, 2022 (“ Warrant Assignment Agreement ”).
View on SEC.gov
Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.9

MariaDB plc amended Warrant Amendment with APHC, Continental Stock Transfer & Trust Company, Computershare Inc. and Computershare Trust Company N.A. (effective 2022-12-16).

Action
amendment
Counterparty
APHC, Continental Stock Transfer & Trust Company, Computershare Inc. and Computershare Trust Company N.A.
Effective
2022-12-16
Exact text from the filing
In connection with the closing of the Merger, APHC entered into that certain Warrant Amendment Agreement, dated December 16, 2022 (the “ Warrant Amendment ”), by and among APHC, Continental Stock Transfer & Trust Company, a New York limited purpose trust company, as existing warrant agent (“ Continental ”), Computershare Inc., a Delaware corporation and its affiliate, Computershare Trust Company N.A., a federally charted trust company (together with Computershare Inc., “ Computershare ”).
View on SEC.gov
Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.9

MariaDB plc amended Kreos Amended and Restated Warrant Agreement with Legacy MariaDB, MariaDB and Kreos Capital IV valued at 190,550 MariaDB Ordinary Shares at an exercise price of €2.29 per share (effective 2022-12-16).

Action
amendment
Counterparty
Legacy MariaDB, MariaDB and Kreos Capital IV
Value
190,550 MariaDB Ordinary Shares at an exercise price of €2.29 per share
Effective
2022-12-16
Exact text from the filing
pursuant to which Legacy MariaDB issued to Kreos certain warrants to purchase Series B Preferred Shares of Legacy MariaDB (the “ Original Kreos Warrant Agreement ”) and the Original Kreos Warrant Agreement was amended and restated in its entirety to, among other things, confer upon Kreos rights to subscribe for an aggregate 190,550 MariaDB Ordinary Shares at an exercise price of €2.29 per share (the “ Kreos Warrants ”).
View on SEC.gov

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Source: SEC EDGAR
accession 0001193125-22-311179
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