16 unchanged sentences
Based on this evaluation, management has determined that EMCOR’s internal control over financial reporting was effective as of December 31, 2021.
−Removed: The effectiveness of our internal control over financial reporting as of December 31, 2020 has been audited by Ernst & Young LLP, an independent registered public accounting firm, as stated in its report appearing in Item 8 of this Annual Report on Form 10-K, which such report expressed an unqualified opinion on the effectiveness of our internal control over financial reporting as of December 31, 2020.
+Added: The effectiveness of our internal control over financial reporting as of December 31, 2021 has been audited by Ernst & Young LLP, an independent registered public accounting firm, as stated in its report appearing in Item 8 of this Form 10-K, which such report expressed an unqualified opinion on the effectiveness of our internal control over financial reporting as of December 31, 2021.
Changes in Internal Control over Financial Reporting
19 unchanged sentences
The information required by this Item 13 is incorporated herein by reference to the sections of the Proxy Statement entitled “Compensation Committee Interlocks and Insider Participation” and “Corporate Governance.”
−Removed: PRINCIPAL ACCOUNTING FEES AND SERVICES
+Added: PRINCIPAL ACCOUNTANT FEES AND SERVICES
The information required by this Item 14 is incorporated herein by reference to the section of the Proxy Statement entitled “Ratification of Appointment of Independent Auditors.”
10 unchanged sentences
Notes to Consolidated Financial Statements
−Removed: Reports of Independent Registered Public Accounting Firm
−Removed: (a)(2) The following financial statement schedule is included in this Form 10-K report:
+Added: Reports of Independent Registered Public Accounting Firm (PCAOB ID:
+Added: (a)(2) The following financial statement schedule is included in this Form 10-K:
Schedule II - Valuation and Qualifying Accounts
5 unchanged sentences
Filed Herewith, as Indicated Below
−Removed: 2(a) Purchase and Sale Agreement, dated as of June 17, 2013 by and among Texas Turnaround LLC, a Delaware limited liability company, Altair Strickland Group, Inc., a Texas corporation, Rep Holdings LLC, a Texas limited liability company, ASG Key Employee LLC, a Texas limited liability company, Repcon Key Employee LLC, a Texas limited liability company, Gulfstar MBII, Ltd., a Texas limited partnership, The Trustee of the James T.
−Removed: Robinson and Diana J.
−Removed: Robinson 2010 Irrevocable Trust, The Trustee of the Steven Rothbauer 2012 Descendant’s Trust, The Co-Trustees of the Patia Strickland 2012 Descendant’s Trust, The Co-Trustees of the Carter Strickland 2012 Descendant’s Trust, and The Co-Trustees of the Walton 2012 Grandchildren’s Trust (collectively, “Sellers”) and EMCOR Group, Inc.
−Removed: Exhibit 2.1 to EMCOR’s Report on Form 8-K (Date of Report June 17, 2013)
3(a-1) Restated Certificate of Incorporation of EMCOR filed December 15, 1994 Exhibit 3(a-5) to EMCOR’s Registration Statement on Form 10 as originally filed March 17, 1995 (“Form 10”)
4 unchanged sentences
3(b) Amended and Restated By-Laws and Amendments thereto Exhibit 3(b) to EMCOR’s Annual Report on Form 10-K for the year ended December 31, 2016 (“2016 Form 10-K”)
−Removed: 4(a) Sixth Amended and Restated Credit Agreement dated as of March 2, 2020 by and among EMCOR and a subsidiary and Bank of Montreal, as Agent and the lenders listed on the signature pages thereof Exhibit 4(a) to EMCOR’s Quarterly Report on Form 10-Q for the quarter ended Ma rch 3 1 , 20 20 (“ March 20 20 Form 10-Q”)
+Added: 4(a) Sixth Amended and Restated Credit Agreement dated as of March 2, 2020 by and among EMCOR and a subsidiary and Bank of Montreal, as Agent and the lenders listed on the signature pages thereof Exhibit 4(a) to EMCOR’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2020 (“March 2020 Form 10-Q”)
4(b) Sixth Amended and Restated Security Agreement dated as of March 2, 2020 among EMCOR, certain of its U.S.
4 unchanged sentences
subsidiaries in favor of Bank of Montreal, as Agent Exhibit 4(d) to the March 2020 Form 10-Q
−Removed: 4(e) Description of Registrant’s Securities Filed herewith
−Removed: EXHIBIT INDEX
−Removed: Description Incorporated By Reference to or
−Removed: Filed Herewith, as Indicated Below
+Added: 4(e) Description of Registrant’s Securities Exhibit 4(e) to EMCOR’s Annual Report on Form 10-K for the year ended December 31, 2020 (“2020 Form 10-K”)
+Added: 4(f) LIBOR Cessation Letter Agreement Filed herewith
10(a) Form of Severance Agreement (“Severance Agreement”) between EMCOR and each of R.
Kevin Matz and Mark A.
−Removed: Pompa Exhibit 10.1 to the April 2005 Form 8-K
+Added: Pompa Exhibit 10.1 to EMCOR's Report on Form 8-K (Date of Report April 25, 2005)
10(b) Form of Amendment to Severance Agreement between EMCOR and each of R.
4 unchanged sentences
10(e) Form of Indemnification Agreement between EMCOR and each of its officers and directors Exhibit F to the Guzzi Letter Agreement
+Added: EXHIBIT INDEX
+Added: Description Incorporated By Reference to or
+Added: Filed Herewith, as Indicated Below
10(f-1) Severance Agreement (“Guzzi Severance Agreement”) dated October 25, 2004 between Anthony Guzzi and EMCOR Exhibit D to the Guzzi Letter Agreement
1 unchanged sentence
10(g-1) Continuity Agreement dated as of June 22, 1998 between R.
−Removed: Kevin Matz and EMCOR (“Matz Continuity Agreement”) Exhibit 10(f) to the June 1998 Form 10-Q
−Removed: 10(g-2) Amendment dated as of May 4, 1999 to Matz Continuity Agreement Exhibit 10(m) to the June 1999 Form 10-Q
+Added: Kevin Matz and EMCOR (“Matz Continuity Agreement”) Exhibit 10(f) to EMCOR's Quarterly Report on Form 10-Q for the quarter ended June 30, 1998 ("June 1998 Form 10-Q")
+Added: 10(g-2) Amendment dated as of May 4, 1999 to Matz Continuity Agreement Exhibit 10(m) to EMCOR's Quarterly Report on Form 10-Q for the quarter ended June 30, 1999 ("June 1999 Form 10-Q")
10(g-3) Amendment dated as of January 1, 2002 to Matz Continuity Agreement Exhibit 10(o-3) to EMCOR’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2002 (“March 2002 Form 10-Q”)
10 unchanged sentences
Pompa Exhibit 10(Q) to EMCOR’s Annual Report on Form 10-K for the year ended December 31, 2008 (“2008 Form 10-K”)
−Removed: EXHIBIT INDEX
−Removed: Description Incorporated By Reference to or
−Removed: Filed Herewith, as Indicated Below
10(j) Amendment dated as of March 29, 2010 to Severance Agreement with Anthony J.
2 unchanged sentences
10(k-1) Severance Agreement dated as of October 26, 2016 between EMCOR and Maxine L.
−Removed: Mauricio Exhibit 10(l-1) to the September 2016 Form 10-Q
+Added: Mauricio Exhibit 10(l-1) to EMCOR's Quarterly Report on Form 10-Q for the quarter ended September 30, 2016 ("September 2016 Form 10-Q")
10(k-2) Continuity Agreement dated as of October 26, 2016 between EMCOR and Maxine L.
6 unchanged sentences
10(l-4) Third Amendment to LTIP Exhibit 10(q-4) to EMCOR’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2012 (“March 2012 Form 10-Q”)
+Added: EXHIBIT INDEX
+Added: Description Incorporated By Reference to or
+Added: Filed Herewith, as Indicated Below
10(l-5) Fourth Amendment to LTIP Exhibit 10(l-5) to EMCOR’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2013
2 unchanged sentences
10(l-8) Sixth Amendment to LTIP Exhibit 10(l-8) to 2015 Form 10-K
+Added: 10(l-9) Seventh Amendment to LTIP Filed herewith
10(m) Key Executive Incentive Bonus Plan, as amended and restated Exhibit B to EMCOR’s Proxy Statement for its Annual Meeting held June 13, 2013
2 unchanged sentences
Employee Stock Purchase Plan Exhibit C to EMCOR’s Proxy Statement for its Annual Meeting held June 18, 2008
−Removed: 10(p) Director Award Program Adopted May 13, 2011, as amended and restated December 14, 2011 Exhibit 10(n)(n) to 2011 Form 10-K
+Added: 10(p) Director Award Program Adopted May 13, 2011, as amended and restated December 14, 2011 Exhibit 10(n)(n) to EMCOR's Annual Report on Form 10-K for the year ended December 31, 2011
10(q) Form of Non-LTIP Stock Unit Certificate Exhibit 10(p)(p) to the March 31, 2012 Form 10-Q
10(r) Form of Director Restricted Stock Unit Agreement Exhibit 10(k)(k) to EMCOR’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2012 (“June 2012 Form 10-Q”)
−Removed: EXHIBIT INDEX
−Removed: Description Incorporated By Reference to or
−Removed: Filed Herewith, as Indicated Below
10(s) Director Award Program, as Amended and Restated December 16, 2014 Exhibit 10(z) to EMCOR’s Annual Report on Form 10-K for the year ended December 31, 2014
10(t) EMCOR Group, Inc.
−Removed: Voluntary Deferral Plan Exhibit 10(e)(e) to 2012 Form 10-K
+Added: Voluntary Deferral Plan Exhibit 10(E)(E) to EMCOR's Annual Report on Form 10-K for the year ended December 31, 2012 (“2012 Form 10-K”)
10(u) First Amendment to EMCOR Group, Inc.
−Removed: Voluntary Deferral Plan Exhibit 10(e)(e) to 2013 Form 10-K
+Added: Voluntary Deferral Plan Exhibit 10(e)(e) to EMCOR's Annual Report on Form 10-K for the year ended December 31, 2013
10(v) Form of Executive Restricted Stock Unit Agreement Exhibit 10(F)(F) to 2012 Form 10-K
−Removed: 10(w) Executive Compensation Recoupment Policy Exhibit 10(h)(h) to 2015 Form 10-K
+Added: 10(w) Executive Compensation Recoupment Policy Exhibit 10(h)(h) to EMCOR's Annual Report on Form 10-K for the year ended December 31, 2015
10(x) Restricted Stock Unit Award Agreement dated June 30, 2017 between EMCOR and Mark A.
Pompa Exhibit 10(f)(f) to EMCOR’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2017
−Removed: 11 Computation of Basic EPS and Diluted EPS for the years ended December 31, 2020 and 2019 Note 6 of the Notes to the Consolidated Financial Statements
−Removed: 14 Code of Ethics of EMCOR for Chief Executive Officer and Senior Financial Officers Exhibit 14 to 2003 Form 10-K
+Added: 14 Code of Ethics of EMCOR for Chief Executive Officer and Senior Financial Officers Exhibit 14 to EMCOR's Annual Report on Form 10-K for the year ended December 31, 2003
21 List of Significant Subsidiaries Filed herewith
7 unchanged sentences
95.1 Information concerning mine safety violations or other regulatory matters Filed herewith
+Added: EXHIBIT INDEX
+Added: Description Incorporated By Reference to or
+Added: Filed Herewith, as Indicated Below
101 The following materials from EMCOR Group, Inc.’s Annual Report on Form 10-K for the year ended December 31, 2021, formatted in iXBRL (Inline eXtensible Business Reporting Language):
14 unchanged sentences
Executive Vice President and Chief Financial Officer
−Removed: Pompa (Principal Financial and Accounting Officer)
+Added: Pompa (Principal Financial Officer)
+Added: /S/ J ASON R.
+Added: Vice President and Chief Accounting Officer
+Added: Nalbandian (Principal Accounting Officer)
/ S / J OHN W .
−Removed: / S / R ICHARD F.
−Removed: H AMM , J R .
+Added: / S / R ONALD L.
/ S / D AVID H.
20 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.