Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

Amendment to Amended and Restated 2014 Equity Incentive Plan

On April 13, 2021, the Board of Directors (the "Board") of Ekso Bionics Holdings, Inc. (the "Company") approved an immediately effective amendment to the Company's Amended and Restated 2014 Equity Incentive Plan (the "Plan"). The Plan was amended to change the governing law of the Plan from Delaware to Nevada.

The foregoing description of the Plan, as amended, is not complete and is qualified in its entirety by reference to the full text of the Plan (as amended), which is filed herewith as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference.

Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year. Amendment of By-Laws

On April 13, 2021, the Board also approved an immediately effective amendment to the Company's by-laws (the "By-Laws"). The By-Laws were amended to add a new Section 6 to Article VIII, so that the modified By-Laws provide that subject to certain exceptions, (i) the state courts of the State of Nevada be the exclusive forum for actions alleging violation of the Nevada Revised Statutes, the Company's Articles of Incorporation or the By-Laws, or alleging breach of fiduciary duties or other violations of Nevada decisional law relating to internal affairs of the Company and (ii) the federal district courts of the United States of America be the exclusive forum for resolutions of complaints asserting causes of action arising under the Securities Act of 1933, as amended. The amendment also provides that any person or entity purchasing or otherwise acquiring any interest in any security of the Company shall be deemed to have notice of and consented to this provision.

The foregoing description of the amendment of the By-Laws, as amended, is not complete and is qualified in its entirety by reference to the full text of the By-Laws (as amended), which is filed herewith as Exhibit 3.1 to this Current Report on Form 8-K and incorporated herein by reference.




Item 9.01  Financial Statements and Exhibits.
(d) Exhibits
Exhibit                            Description
  3.1                                By-Laws of the Registrant
  10.1                               Amended and Restated 2014 Equity Incentive Plan
                                     Cover Page Interactive Data File (embedded within the Inline
  104                              XBRL document)

--------------------------------------------------------------------------------

© Edgar Online, source Glimpses