13 unchanged sentences
Other Information
+Added: None of the Company’s directors or Section 16 reporting officers adopted or terminated any Rule 10b5-1 trading arrangement or non-Rule 10b5-1 trading arrangement (as such terms are defined in Item 408 of Regulation S-K) during the fourth quarter of fiscal year 2023.
+Added: Disclosure Regarding Foreign Jurisdictions That Prevent Inspections
Not applicable.
+Added: Table of Conte n t s
Directors, Executive Officers and Corporate Governance
The information required by this item relating to our directors and nominees is incorporated herein by reference to the section captioned “The Board of Directors” in the Proxy Statement for the Annual Meeting of Shareholders to be held on 25 January 2024.
−Removed: The information required by this item relating to our executive officers is set forth in Part I, Item 1 of this Form 10-K.
+Added: The information required by this item relating to our executive officers is set forth in Part I, Item 1.
+Added: Business of this Form 10-K.
The information required by this item relating to our Audit and Finance Committee and our Audit and Finance Committee Financial Expert is incorporated herein by reference to the sections captioned “Board Structure–Standing Committees of the Board” in the Proxy Statement for the Annual Meeting of Shareholders to be held on 25 January 2024.
11 unchanged sentences
The information required by this item is incorporated herein by reference to the section captioned “Fees of Independent Registered Public Accounting Firm” in the Proxy Statement for the Annual Meeting of Shareholders to be held on 25 January 2024.
+Added: Table of Conte n t s
Exhibits and Financial Statement Schedules
−Removed: (a) The documents below are filed as a part of this report:
+Added: (a) The following documents are filed as a part of this report:
(1) Financial Statements.
13 unchanged sentences
Form 10-K Summary
+Added: Table of Conte n t s
INDEX TO EXHIBITS
1 unchanged sentence
3.1 Restated Certificate of Incorporation of the Company.
−Removed: (Filed as Exhibit 3.2 to the Company’s Annual Report on Form 10-K for the fiscal year ended 30 September 1987.)*
−Removed: 3.2 Amendment to the Restated Certificate of Incorporation of the Company dated 25 January 1996.
−Removed: (Filed as Exhibit 3.3 to the Company’s Annual Report on Form 10-K for the fiscal year ended 30 September 1996.) *
−Removed: 3.3 Amendment to the Restated Certificate of Incorporation of the Company dated 28 January 2014.
(Filed as Exhibit 3.1 to the Company’s Quarterly Report on Form 10-Q for the quarter ended 30 June 2023.) *
3.2 Amended and Restated Bylaws of the Company.
−Removed: (Filed as Exhibit 3.1 to the Company’s Current Report on Form 8-K dated 26 November 2019.) *
+Added: (Filed as Exhibit 3.1 to the Company’s Current Report on Form 8-K dated 17 September 2023.) *
(4) Instruments defining the rights of security holders, including indentures.
7 unchanged sentences
4.3 Description of Securities.
−Removed: (Filed as Exhibit 4.3 to the Company's Annual Report on Form 10-K for the fiscal year ended 30 September 2021.) *
(10) Material Contracts.
13 unchanged sentences
(Filed as Exhibit 10.2 to the Company's Quarterly Report on Form 10-Q for the quarter ended 31 December 2021.) *†
+Added: Form of Restricted Stock Unit Award Agreement under the Long-Term Incentive Plan of the Company, used for FY2023 Awards.
+Added: (Filed as Exhibit 10.1 to the Company’s Quarterly Report on Form 10-Q for the quarter ended 31 December 2022.) *†
+Added: Form of Performance Share Award Agreement under the Long-Term Incentive Plan of the Company, used for FY2023 Awards.
+Added: (Filed as Exhibit 10.2 to the Company’s Quarterly Report on Form 10-Q for the quarter ended 31 December 2022.) *†
10.3 Air Products and Chemicals, Inc.
5 unchanged sentences
(Filed as Exhibit 10.1 to the Company's Quarterly Report on Form 10-Q for the quarter ended 30 June 2022.) *†
−Removed: INDEX TO EXHIBITS
10.4 Supplementary Pension Plan of Air Products and Chemicals, Inc.
1 unchanged sentence
(Filed as Exhibit 10.10 to the Company’s Annual Report on Form 10-K for the fiscal year ended 30 September 2014.) *†
+Added: Table of Conte n t s
+Added: INDEX TO EXHIBITS
10.4(a) Amendment No.
13 unchanged sentences
Executive Separation Program as amended effective as of 1 October 2022.
+Added: (Filed as Exhibit 10.6 to the Company’s Annual Report on Form 10-K for the year ended 30 September 2022.) *†
10.7 Air Products and Chemicals, Inc.
3 unchanged sentences
(filed as Exhibit 10.2 of the Company's Current Report on Form 8-K dated 23 September 2014.) *†
−Removed: 10.9 Amended and Restated Employment Agreement dated 14 November 2017, between the Company and Seifollah Ghasemi.
−Removed: (Filed as Exhibit 10.1 to the Company's Current Report on Form 8-K filed 14 November 2017.) *†
−Removed: 10.9(a) Amendment to Employment Agreement, dated 21 May 2020, between Air Products and Chemicals, Inc.
−Removed: and Seifollah Ghasemi.
−Removed: (Filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed 21 May 2020.) *†
+Added: 10.9 Amended and Restated Employment Agreement, dated 17 May 2023, between Air Products and Chemicals, Inc.
+Added: and Seifollah Ghasemi (incorporated by reference to Exhibit 10.1 to the Company's Current Report on Form 8-K, filed on 18 May 2023.) *†
10.10 Compensation Programs for Nonemployee Directors effective 22 November 2022.
+Added: (Filed as Exhibit 10.10 to the Company’s Annual Report on Form 10-K for the year ended 30 September 2022.) *†
10.11 Deferred Compensation Program for Directors, effective 7 October 2019.
14 unchanged sentences
(31) Rule 13a-14(a)/15d-14(a) Certifications.
−Removed: INDEX TO EXHIBITS
31.1 Certification by the Principal Executive Officer pursuant to Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
+Added: Table of Conte n t s
+Added: INDEX TO EXHIBITS
31.2 Certification by the Principal Financial Officer pursuant to Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
2 unchanged sentences
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
+Added: Policy Relating to Recovery of Erroneously Awarded Compensation.
+Added: Air Products and Chemicals, Inc.
+Added: Compensation Recoupment Policy and Supplemental Executive Officer Recoupment Policy, effective as of 1 October 2023.
(101) Interactive Data Files.
13 unchanged sentences
under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date of this Form 10-K, irrespective of any general incorporation language contained in such filing.
+Added: Table of Conte n t s
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this Report to be signed on its behalf by the undersigned, thereunto duly authorized.
18 unchanged sentences
* 16 November 2023
+Added: Table of Conte n t s
Signature and Title Date
6 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.