Form 8-K

8-K — STRYKER CORP

Accession: 0001193125-26-414956

Filed: 2026-10-06

Period: 2026-10-06

CIK: 0000310764

SIC: 3841 (SURGICAL & MEDICAL INSTRUMENTS & APPARATUS)

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

Item: Regulation FD Disclosure

Item: Financial Statements and Exhibits

Documents

8-K — d84795d8k.htm (Primary)

EX-10.1 (d84795dex101.htm)

EX-10.2 (d84795dex102.htm)

EX-99.1 (d84795dex991.htm)

EX-99.2 (d84795dex992.htm)

EX-99.3 (d84795dex993.htm)

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8-K

8-K (Primary)

Filename: d84795d8k.htm · Sequence: 1

8-K

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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): October 6, 2026

Stryker Corporation

(Exact name of Registrant as Specified in Its Charter)

Michigan

001-13149

38-1239739

(State or Other Jurisdiction

of Incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)

1941 Stryker Way

Portage, Michigan

49002

(Address of Principal Executive Offices)

(Zip Code)

Registrant’s Telephone Number, Including Area Code: (269) 385-2600

(Former Name or Former Address, if Changed Since Last Report)

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

☐

Written communications 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-commencement 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

Common Stock, $.10 Par Value

SYK

New York Stock Exchange

2.125% Notes due 2027

SYK27

New York Stock Exchange

3.375% Notes due 2028

SYK28

New York Stock Exchange

0.750% Notes due 2029

SYK29

New York Stock Exchange

2.625% Notes due 2030

SYK30

New York Stock Exchange

1.000% Notes due 2031

SYK31

New York Stock Exchange

3.375% Notes due 2032

SYK32

New York Stock Exchange

3.625% Notes due 2036

SYK36

New York Stock Exchange

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. ☐

Item 5.02

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

Stryker Corporation (the “Company”) announced on October 6, 2026 that Kevin A. Lobo will resign from his role as Chief Executive Officer (“CEO”) of the Company on December 31, 2026 and transition to the role of Executive Chair of the Board of Directors of the Company (the “Board”), effective January 1, 2027 (the “CEO Transition”) and that Spencer S. Stiles, who currently serves as President and Chief Operating Officer of the Company, has been appointed CEO of the Company, effective January 1, 2027. In connection with Mr. Stiles’s appointment as CEO, the Board also increased the size of the Board from 10 to 11 and appointed Mr. Stiles to serve as a member of the Board, effective January 1, 2027. Mr. Stiles has not been appointed to any committee of the Board at this time.

There are no arrangements or understandings between Mr. Stiles and any other person pursuant to which Mr. Stiles was selected as an officer and a director, and no family relationships exist between Mr. Stiles and any director or executive officer of the Company. Mr. Stiles is not a party to any transaction to which the Company is or was a participant and in which Mr. Stiles has a direct or indirect material interest subject to disclosure under Item 404(a) of Regulation S-K.

Biographical Information

Mr. Stiles, age 50, has served as President and Chief Operating Officer of the Company since January 2026. Prior to that, he served as Group President, Orthopaedics, from 2019. Throughout his 27-year career at the Company, he has held leadership roles across Orthopaedics as well as MedSurg and Neurotechnology and has overseen international regions and key supporting functions. Mr. Stiles graduated from Miami University with a bachelor’s degree in business and received his MBA from the University of Nebraska.

Transition Agreement with Mr. Lobo

On October 5, 2026, the Company entered into a letter agreement with Mr. Lobo (the “Transition Agreement”), pursuant to which (1) he will continue to serve as CEO of the Company through December 31, 2026, and (2) as of January 1, 2027, he will begin serving as Executive Chair of the Board. Mr. Lobo’s annual base salary, annual bonus target and employee benefit plan eligibility will remain unchanged following the CEO Transition, but he will not be eligible to receive any new stock awards while serving as Executive Chair of the Board.

The foregoing summary does not purport to be complete and is subject to, and qualified in its entirety by, reference to the full text of the Transition Agreement, attached hereto as Exhibit 10.1

Letter Agreement with Mr. Stiles

On October 5, 2026, the Company entered into a letter agreement with Mr. Stiles (the “Letter Agreement”) establishing his compensation as CEO of the Company, effective as of January 1, 2027. Commencing on such date, Mr. Stiles’s annual base salary will increase to $1,320,000 and his annual bonus target will increase to 150% of his annual base salary. Mr. Stiles’s employee benefit plan eligibility will remain unchanged following the CEO Transition.

Pursuant to the Letter Agreement, a recommendation will be made to the independent directors of the Board to approve an award to Mr. Stiles of stock options and performance stock units (“PSUs”) under the Company’s Long-Term Incentive Plan (the “Incentive Plan”) in February 2027, subject generally to the same terms and conditions as the stock options and PSUs granted in connection with the annual Incentive Plan grant, with an aggregate target grant date fair value equal to $14,200,000, comprising 40% stock options (vesting in equal annual installments on each of the first five anniversary dates of the grant date) and 60% PSUs (vesting on March 21 of the year following the applicable three-year performance cycle, with the amount of shares earned subject to the achievement of pre-established performance goals). Any such grants will be subject to the terms and conditions of the Incentive Plan and the forms of stock option agreement and PSU agreement approved for fiscal 2027 grants to other executive officers of the Company.

The foregoing summary does not purport to be complete and is subject to, and qualified in its entirety by, reference to the full text of the Letter Agreement, attached hereto as Exhibit 10.2

Item 7.01

Regulation FD Disclosure.

On October 6, 2026, Stryker issued a press release announcing the transition described in Item 5.02 above and related infographics, which are furnished as Exhibits 99.1, 99.2 and 99.3, respectively, to this Current Report on Form 8-K. The information contained in Item 7.01 of this Current Report on Form 8-K, including Exhibits 99.1, 99.2 and 99.3, shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section. The information contained in Item 7.01 of this Current Report on Form 8-K, including Exhibits 99.1, 99.2, and 99.3, shall not be incorporated by reference into any filing of the Company, whether made before, on, or after the date hereof, regardless of any general incorporation language in such filing, unless expressly incorporated by specific reference to such filing.

Item 9.01

Financial Statements and Exhibits.

(d) Exhibits

10.1

Transition Agreement, dated October 5, 2026, between Stryker Corporation and Kevin A. Lobo

10.2

Letter Agreement, dated October 5, 2026, between Stryker Corporation and Spencer S. Stiles

99.1

Press Release dated October 6, 2026

99.2

Infographic dated October 6, 2026

99.3

Infographic dated October 6, 2026

104

The cover page from this Current Report on Form 8-K, formatted in Inline XBRL

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.

STRYKER CORPORATION

(Registrant)

Dated: October 6, 2026

By:

/s/ Tina S. French

Name:

Tina S. French

Title:

Corporate Secretary

EX-10.1

Filename: d84795dex101.htm · Sequence: 2

EX-10.1

Exhibit 10.1

October 5, 2026

Kevin Lobo

Subj:

Appointment and Compensation Changes

Dear Kevin,

It is with pleasure that I confirm your appointment

to Executive Chair, effective January 1, 2027. A summary of the compensation package related to your new role is as follows:

Annualized Base

Salary and Bonus Target

•

Your annualized Base Salary will remain $1,550,000.

•

Your annualized Bonus Target will remain $2,325,000 (150% of your annualized Base Salary).

Stock Awards

•

You will not be eligible to receive any new stock awards while serving as Executive Chair.

Your compensation will continue to be governed by the Company’s applicable policies, terms, and conditions. You will also continue to be eligible to

participate in the Company’s employee benefit plans and programs, subject to the terms and conditions of those plans and programs, as amended from time to time.

As you already work for Stryker, you understand that by accepting this position, other provisions of your employment relationship with Stryker will continue

in effect, meaning that you agree to abide by the requirements and guidelines set forth in Stryker’s Code of Conduct and other policies (including but not limited to guidelines concerning Conflicts of Interest), Stryker’s Employee

Handbook and the terms of Stryker’s Confidentiality, Intellectual Property, Non-Competition and Non-Solicitation Agreement that you signed. You also acknowledge

that you are aware of Stryker’s at-will employment relationship with you.

On behalf of the Board, thank you

for your leadership and significant contributions since becoming Stryker’s Chief Executive Officer in October 2012. I look forward to your continued contributions as Executive Chair and to Stryker’s ongoing success.

Sincerely,

/s/ Sherilyn S. McCoy

Sherilyn S. McCoy

Lead Independent Director

I accept this offer of employment with Stryker and agree to the terms and conditions outlined in this letter:

/s/ Kevin A. Lobo

Kevin A. Lobo

October 5, 2026

Date

EX-10.2

Filename: d84795dex102.htm · Sequence: 3

EX-10.2

Exhibit 10.2

October 5, 2026

Spencer Stiles

Subj:

Promotion and Compensation Changes

Dear Spencer,

It is with pleasure that I confirm your

promotion to Chief Executive Officer and President, effective January 1, 2027. A summary of the compensation package related to your new role is as follows:

Annualized Base Salary and Bonus Target

•

Your annualized Base Salary will increase to $1,320,000.

•

This pay increase will be effective January 1, 2027.

•

Your annualized Bonus Target will be $1,980,000 (150% of your annualized Base Salary).

2027 Stock Award

•

A recommendation will be made to the independent directors of the Board to approve an award to you of stock

options and performance stock units (PSUs) under Stryker’s Long-Term Incentive Plan in February 2027. The target amount granted to you under this recommendation will be approximately $14,200,000 in award date value, comprised of 60% in

PSUs and 40% in stock options. Except as otherwise provided in the Terms and Conditions, stock options would have a ten-year term and vest as to 20% of the underlying shares on each of the first five

anniversary dates of the grant date. Vesting of any PSUs occurs on March 21 of the year following the three-year performance cycle, with the amount of shares earned subject to the achievement of

pre-established performance goals.

Your compensation will continue to be governed by the

Company’s applicable policies, terms, and conditions. You will also continue to be eligible to participate in the Company’s employee benefit plans and programs, subject to the terms and conditions of those plans and programs, as amended

from time to time.

As you already work for Stryker, you understand that by accepting this position, other provisions of your employment relationship with

Stryker will continue in effect, meaning that you agree to abide by the requirements and guidelines set forth in Stryker’s Code of Conduct and other policies (including but not limited to guidelines concerning Conflicts of Interest),

Stryker’s Employee Handbook and the terms of Stryker’s Confidentiality, Intellectual Property, Non-Competition and Non-Solicitation Agreement that you

signed. You also acknowledge that you are aware of Stryker’s at-will employment relationship with you.

Congratulations on your new role. I look forward to your future contributions toward positioning Stryker for success.

Sincerely,

/s/ Sherilyn S. McCoy

Sherilyn S. McCoy

Lead Independent Director

I accept this offer of employment with Stryker and agree to the terms and conditions outlined in this letter:

/s/ Spencer S. Stiles

Spencer S. Stiles

October 5, 2026

Date

EX-99.1

Filename: d84795dex991.htm · Sequence: 4

EX-99.1

Exhibit 99.1

1941 Stryker Way

Portage, MI

49002

Press release

Number: 26-19

Date: October 6, 2026

Stryker announces leadership succession

•

Kevin Lobo to transition to Executive Chair of the Board of Directors

•

Current President and COO Spencer Stiles appointed Chief Executive Officer

•

Leadership transition effective January 1, 2027

Portage, Michigan — Stryker (NYSE:SYK), a global leader in medical technologies, today announced that as part of a

planned succession process, Kevin Lobo will transition to the role of Executive Chair of the Board of Directors, effective January 1, 2027. Spencer Stiles, currently President and Chief Operating Officer of Stryker, will succeed Lobo as Chief

Executive Officer and will also be appointed as a member of the company’s Board at that time.

Lobo has led a distinguished career at Stryker

spanning more than 15 years. He joined the company in 2011 as Group President, became Chief Executive Officer in October 2012 and was appointed Chair of the Board in July 2014. During his transformative

14-year tenure as CEO, Lobo significantly expanded Stryker’s portfolio and global presence and tripled annual net sales from $8.7 billion in 2012 to more than $26 billion in 2026. Under his

leadership, Stryker has completed more than 60 acquisitions, including Mako, which combined pioneering robotic-arm-assisted technology with Stryker’s

joint-reconstruction expertise to transform the orthopaedic industry, strengthening Stryker’s position as a diversified global leader in medical technologies. Lobo also helped shape the culture that defines Stryker today, establishing its

mission to make healthcare better together with its customers, while advancing a specialized business operating model that has supported the company’s distinctive performance and growth.

“Serving as CEO of Stryker has been an incredible honor, and I am proud of all that our teams have accomplished together on behalf of our customers and

the patients they serve,” said Lobo. “The Board and I have worked closely on a succession plan, and with our strong foundation in place, now is the right time for this leadership transition. Having worked alongside Spencer for many

years, I have seen firsthand the qualities that define his leadership: his ability to set a clear direction, inspire people and translate strategy into strong execution. He understands what makes Stryker unique and has the judgment, experience and

commitment to our mission and values to build on our momentum and lead the company forward. I look forward to working with Spencer to ensure a smooth transition and to continuing to support Stryker as Executive Chair of the Board.”

“I am honored to be named Stryker’s next CEO and grateful to the Board and Kevin for their trust

in me,” said Stiles. “I have a deep appreciation for our people, our culture and the customer relationships that drive our innovation and growth. Kevin has built an extraordinary legacy and a strong foundation for the future, which I am

excited to build upon as we continue executing our strategy, driving growth and advancing our mission to make healthcare better.”

Stiles is a

strategic, growth-oriented and people-focused leader with a proven record of execution throughout his distinguished career at Stryker spanning nearly three decades. Since joining the company’s Endoscopy business in 1999, he has held leadership

roles across nearly every Stryker business, spanning Orthopaedics, MedSurg and Neurotechnology. Before becoming President and Chief Operating Officer in January 2026, Stiles served as Group President, Orthopaedics, leading the company’s Joint

Replacement and Trauma & Extremities businesses and its Digital, Robotics and Enabling Technologies organization, with additional responsibility for international regions and Stryker’s enterprise mergers and acquisitions strategy. He

has also led significant portfolio initiatives, including the acquisition of Wright Medical, which enhanced Stryker’s global market position in trauma and extremities, and the separation of the company’s spinal implants business.

“This announcement is the culmination of a comprehensive, long-term succession planning process,” said Sheri McCoy, Lead Independent Director of

Stryker’s Board of Directors. “Spencer is a proven leader with strategic perspective and the ability to unite teams around shared priorities. The Board is confident that he is the right leader to build upon Stryker’s momentum and

guide the company’s next chapter. On behalf of the Board, I also want to recognize Kevin for his exceptional leadership and service over his tenure as CEO. Kevin has positioned Stryker to enter this transition from a place of strength. With a

mission-driven culture, clear strategic direction and a strong leadership team, Stryker is poised to capture the significant opportunities ahead. We are fortunate that we will continue to benefit from his experience and perspectives as Executive

Chair.”

Forward-Looking Statements

This press

release contains forward-looking statements subject to the safe harbor protection provided by Section 27A of the Securities Act of 1933, Section 21E of the Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act

of 1995. All statements other than statements of historical fact are forward-looking statements, including statements regarding the Company’s strategy, growth prospects and opportunities, and the Company’s ability to execute on its

priorities during and following the transition. These forward-looking statements involve various risks and uncertainties that could cause our actual results to differ materially from those expressed or implied in such statements. Such risks and

uncertainties include, but are not limited to: risks associated with the transition of executive leadership and the ability of Mr. Stiles and the Company’s executive team to execute on the Company’s strategy and business plans; the

Company’s ability to retain key personnel during and after the transition; and other risks listed or described from time to time in our filings with the U.S. Securities and Exchange Commission, including our Annual Report on Form 10-K and Quarterly Reports on Form 10-Q that we have filed or will file hereafter. We disclaim any intention or obligation to publicly update or revise any forward-looking

statement to reflect any change in our expectations or in events, conditions or circumstances on which those expectations may be based, or that affect the likelihood that actual results will differ from those contained in the forward-looking

statements, except to the extent required by law.

About Stryker

Stryker is a global leader in medical technologies and, together with our customers, we are driven to make healthcare better. We offer innovative products and

services in MedSurg, Neurotechnology and Orthopaedics that help improve patient and healthcare outcomes. Alongside our customers around the world, we impact more than 150 million patients annually. More information is available at

www.stryker.com.

Contacts

For investor

inquiries:

Nick Mead, Vice President, Investor Relations at

269-385-2600 or nick.mead@stryker.com

For media inquiries:

Kim Montagnino, Vice President, Chief Communications Officer at

269-385-2600 or kim.montagnino@stryker.com

EX-99.2

Filename: d84795dex992.htm · Sequence: 5

EX-99.2

Exhibit 99.2

Kevin Lobo Strengthened Stryker as a diversified global leader in medical technologies 14 years of transformative leadership Legacy of

driving growth, advancing innovation and shaping Stryker’s mission-driven culture Growth and diversification • Raised organic sales growth profile (4% in 2012 10% in 2025) • Significantly expanded Stryker’s portfolio and global

presence • Expanded Stryker’s position as a global medtech leader by entering new adjacencies (e.g. robotics, defibrillators, injury prevention, healthcare IT, peripheral vascular) Innovation and M&A • Established M&A as a

core strategic capability, completing 60+ acquisitions to enter new markets and complement internal innovation • Elevated Stryker as a major player in orthopaedic robotics through Mako acquisition, establishing the foundation of Stryker’s

robotic surgery ecosystem Mission, culture and operational excellence • Established Stryker’s customer-centric mission and strengthened the company’s highperformance culture and employee engagement • Led evolution of

Stryker’s Transatlantic Operating Model, accelerating international growth in Europe and Canada, and raised APAC growth rates • Established the organizational capabilities and leadership talent needed to scale Stryker’s specialized

businesses globally 3X Annual net sales $8.7B in 2012 >$26B in 2026 +450% Total shareholder return 60+ Acquisitions completed Milestone achievements 2012–2026 Serving as CEO of Stryker has been an incredible honor, and I am proud of all

that our teams have accomplished together on behalf of our customers and the patients they serve. The Board and I have worked closely on a succession plan, and with our strong foundation in place, now is the right time for this leadership

transition. Spencer has the judgment, experience and deep understanding of Stryker needed to build on our momentum and lead Stryker’s next great chapter.” Kevin Lobo 2013 2018 2020 2022 2023 2025 Completes industrydefining acquisition of

Mako Surgical Reaches nearly $14 billion in annual sales, delivering Stryker’s strongest organic sales growth in a decade Acquires Wright Medical, strengthening Stryker’s global position in trauma and extremities Acquires Vocera,

establishing significant platform in clinical communications and digital health Surpasses $20 billion in annual sales for the first time in Stryker’s history Acquires Inari Medical, establishing a platform in peripheral vascular

intervention, and surpasses $25 billion in annual sales Chair and Chief Executive Officer Transitioning to Executive Chair | Effective January 1, 2027

EX-99.3

Filename: d84795dex993.htm · Sequence: 6

EX-99.3

Exhibit 99.3

Spencer Stiles President and Chief Operating Officer Incoming Chief Executive Officer | Effective January 1, 2027 I am honored to

be named Stryker’s next CEO and grateful to the Board and Kevin for their trust in me. I am excited to build on our extraordinary legacy and strong foundation as we continue executing our strategy, driving growth and advancing our mission to

make healthcare better.” Spencer Stiles Distinguished career at Stryker Right leader to build on Stryker’s momentum and guide next chapter Nearly threedecade tenure at Stryker, with leadership across all segments: Orthopaedics, MedSurg

and Neurotechnology Significant experience leading Stryker businesses and enterprise functions, with a proven record of building and integrating businesses through acquisitions Global operating experience, with responsibility across Stryker’s

businesses and regions worldwide Proven track record of developing talent and leading complex organizations Advanced strategic portfolio development, helping secure Stryker’s #1 position in orthopaedics Board of Directors President and Chief

Operating Officer Oversees Stryker’s $25B+ portfolio of global businesses, enterprise strategy and M&A Jan 2026–current Group President, Orthopaedics Oversaw Stryker’s $9B+ Orthopaedics Began career in marketing and sales

before taking on broader marketing, leadership, and general management roles across Endoscopy and Communications marketleading growth across businesses representing $5B+ in worldwide revenue 2018–2019 Global President, Instruments Group,

including Joint Replacement, Trauma and Extremities, and Digital, Robotics and Enabling Technologies Executed $9B+ in M&A transactions, generating $1.5B+ in new revenue Drove Mako scale and globalization strategy Led significant portfolio

initiatives, including the acquisition of Wright Medical, enhancing Stryker’s global market position in trauma and extremities I am honored to be named Stryker’s next CEO and grateful to the Board and Kevin for their trust in me. I

am excited to build on our extraordinary legacy and strong foundation as we continue executing our strategy, driving growth and advancing our mission to make healthcare better.”

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The type of document being provided (such as 10-K, 10-Q, 485BPOS, etc). The document type is limited to the same value as the supporting SEC submission type, or the word 'Other'.

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Address Line 1 such as Attn, Building Name, Street Name

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Name of the City or Town

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Code for the postal or zip code

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Name of the state or province.

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A unique 10-digit SEC-issued value to identify entities that have filed disclosures with the SEC. It is commonly abbreviated as CIK.

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Reference 1: http://www.xbrl.org/2003/role/presentationRef

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-Name Exchange Act

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-Section 12

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Indicate if registrant meets the emerging growth company criteria.

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- Definition

Commission file number. The field allows up to 17 characters. The prefix may contain 1-3 digits, the sequence number may contain 1-8 digits, the optional suffix may contain 1-4 characters, and the fields are separated with a hyphen.

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No definition available.

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Two-character EDGAR code representing the state or country of incorporation.

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The exact name of the entity filing the report as specified in its charter, which is required by forms filed with the SEC.

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-Publisher SEC

-Name Exchange Act

-Number 240

-Section 12

-Subsection b-2

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The Tax Identification Number (TIN), also known as an Employer Identification Number (EIN), is a unique 9-digit value assigned by the IRS.

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-Publisher SEC

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Local phone number for entity.

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Boolean flag that is true when the Form 8-K filing is intended to satisfy the filing obligation of the registrant as pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act.

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-Section 13e

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Boolean flag that is true when the Form 8-K filing is intended to satisfy the filing obligation of the registrant as pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act.

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Title of a 12(b) registered security.

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Name of the Exchange on which a security is registered.

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-Section 12

-Subsection d1-1

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Boolean flag that is true when the Form 8-K filing is intended to satisfy the filing obligation of the registrant as soliciting material pursuant to Rule 14a-12 under the Exchange Act.

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Trading symbol of an instrument as listed on an exchange.

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Boolean flag that is true when the Form 8-K filing is intended to satisfy the filing obligation of the registrant as written communications pursuant to Rule 425 under the Securities Act.

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