20 unchanged sentences
OTHER INFORMATION
−Removed: Not applicable.
+Added: During the quarter ended December 31, 2023, none of the Company’s directors or executive officers adopted or terminated any:
+Added: (a) contract, instruction, or written plan for the purchase or sale of Company securities intended to satisfy the affirmative defense conditions of Rule 10b5-1 or (b) non 10b5-1 trading arrangement, each as defined in Item 408(a) of Regulation S-K.
DISCLOSURE REGARDING FOREIGN JURISDICTIONS THAT PREVENT INSPECTIONS
44 unchanged sentences
3(a-5) Amendment dated September 18, 2007 to the Restated Certificate of Incorporation of EMCOR Exhibit A to EMCOR’s Proxy Statement dated August 17, 2007 for Special Meeting of Stockholders held September 18, 2007
+Added: Certificate of Amendment of Restated Certificate of Incorporation of EMCOR
+Added: E xhibit 3.1 to EMCOR ’ s Rep ort on F orm 8-K (Date of Report June 8, 2023)
3(b) Second Amended and Restated By-Laws of EMCOR Exhibit 3.1 to EMCOR’s Report on Form 8-K (Date of Report October 25, 2022)
−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 March 31, 2020 (“March 2020 Form 10-Q”)
−Removed: 4(b) Sixth Amended and Restated Security Agreement dated as of March 2, 2020 among EMCOR, certain of its U.S.
−Removed: subsidiaries, and Bank of Montreal, as Agent Exhibit 4(b) to the March 2020 Form 10-Q
−Removed: 4(c) Sixth Amended and Restated Pledge Agreement dated as of March 2, 2020 among EMCOR, certain of its U.S.
−Removed: subsidiaries, and Bank of Montreal, as Agent Exhibit 4(c) to the March 2020 Form 10-Q
−Removed: 4(d) Fifth Amended and Restated Guaranty Agreement dated as of March 2, 2020 by certain of EMCOR’s U.S.
−Removed: 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 Exhibit 4(e) to EMCOR’s Annual Report on Form 10-K for the year ended December 31, 2020 (“2020 Form 10-K”)
−Removed: 4(f) LIBOR Cessation Letter Agreement Exhibit 4(f) to EMCOR’s Annual Report on Form 10-K for the year ended December 31, 2021 (“2021 Form 10-K”)
+Added: 4(a) Seventh Amended and Restated Credit Agreement dated as of December 20, 2023 by and among EMCOR and certain subsidiaries and Bank of Montreal, as Agent and the lenders listed on the signature pages thereof
+Added: Filed herewith
+Added: 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”)
10(a) Form of Severance Agreement (“Severance Agreement”) between EMCOR and each of R.
7 unchanged sentences
10(e) Form of Indemnification Agreement between EMCOR and each of its officers and directors Exhibit F to the Guzzi Letter Agreement
−Removed: EXHIBIT INDEX
−Removed: Description Incorporated By Reference to or
−Removed: 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
4 unchanged sentences
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”)
+Added: EXHIBIT INDEX
+Added: Description Incorporated By Reference to or
+Added: Filed Herewith, as Indicated Below
10(g-4) Amendment dated as of March 1, 2007 to Matz Continuity Agreement Exhibit 10(n-4) to the March 2007 Form 10-Q
22 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”)
−Removed: EXHIBIT INDEX
−Removed: Description Incorporated By Reference to or
−Removed: 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
1 unchanged sentence
10(l-7) Fifth Amendment to LTIP Exhibit 10(l-7) to EMCOR’s Annual Report on Form 10-K for the year ended December 31, 2015 (“2015 Form 10-K”)
+Added: EXHIBIT INDEX
+Added: Description Incorporated By Reference to or
+Added: Filed Herewith, as Indicated Below
10(l-8) Sixth Amendment to LTIP Exhibit 10(l-8) to 2015 Form 10-K
−Removed: 10(l-9) Seventh Amendment to LTIP Exhibit 10(l-9) to 2021 Form 10-K
+Added: 10(l-9) Seventh Amendment to LTIP Exhibit 10(l-9) to EMCOR's Annual Report on Form 10-K for the year ended December 31, 2021
+Added: Eighth Amendment to LTIP
+Added: 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
11 unchanged sentences
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 EMCOR's Annual Report on Form 10-K for the year ended December 31, 2015
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
2 unchanged sentences
31.1 Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 by Anthony J.
−Removed: Guzzi, the Chairman, President and Chief Executive Officer Filed herewith
+Added: Guzzi, the Chairman, President, and Chief Executive Officer
+Added: Filed herewith
31.2 Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 by Mark A.
Pompa, the Executive Vice President and Chief Financial Officer Filed herewith
−Removed: 32.1 Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 by the Chairman, President and Chief Executive Officer Furnished
+Added: 32.1 Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 by the Chairman, President, and Chief Executive Officer
32.2 Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 by the Executive Vice President and Chief Financial Officer Furnished
95.1 Information concerning mine safety violations or other regulatory matters Filed herewith
+Added: 97 Policy Relating to Recovery of Erroneously Awarded Compensation
+Added: F iled here with
EXHIBIT INDEX
23 unchanged sentences
/ S / R ONALD L.
−Removed: / S / D AVID H.
/ S / C AROL P.
10 unchanged sentences
Description Balance at
−Removed: Expenses Cumulative Effect Adjustment (1)
−Removed: Deductions (2)
+Added: Expenses Deductions (1)
Allowance for credit losses
Year Ended December 31, 2023
+Added: $ 22,382 7,859 ( 7,739 ) $ 22,502
Year Ended December 31, 2022
+Added: $ 23,534 5,166 ( 6,318 ) $ 22,382
Year Ended December 31, 2021
$ 18,031 8,041 ( 2,538 ) $ 23,534
−Removed: (1) Represents the adjustment to our allowance for credit losses, which was recorded to retained earnings upon the adoption of Accounting Standards Codification Topic 326.
+Added: _________________
(1) Deductions primarily represent uncollectible balances of accounts receivable written off, net of recoveries.
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.