Other Information
+Added: During the three months ended March 31, 2024, the following Section 16 officer adopted, modified or terminated a “Rule 10b5-1 trading arrangement” (as defined in Item 408 of Regulation S-K of the Exchange Act):
+Added: ● On March 19, 2024 , Dennis Kish , the Company’s President , terminated a 10b5-1 trading plan that he had previously adopted on September 27, 2023 .
+Added: Kish’s former plan provided for the sale of up to 61,268 shares of the Company’s Class A Common Stock from December 2023 through March 2025, of which 12,896 shares had not yet been sold as of the date of the termination of the plan.
+Added: ● On March 22, 2024 , Mr.
+Added: Kish amended a separate 10b5-1 trading plan that he had previously adopted on September 27, 2023 , in order to include additional equity awards that were not included in the original plan.
+Added: The amended trading plan provides for the sale of up to 172,174 shares of the Company’s Class A common stock until August 31, 2025 (or such earlier time as provided pursuant to the terms of the trading plan).
+Added: The first possible trade date under the amended plan is August 10, 2024.
+Added: There were no “ non-Rule 10b5-1 trading arrangements” (as defined in Item 408 of Regulation S-K of the Exchange Act) adopted, modified or terminated during the three months ended March 31, 2024 by any of the Company’s Section 16 officers or directors.
+Added: Each of the existing Rule 10b5-1 trading arrangements of the Company’s Section 16 officers are in compliance with the Company’s Insider Trading Policy, and any actual sale transactions made pursuant to such trading arrangements were disclosed publicly in Section 16 filings with the SEC in accordance with applicable securities laws, rules and regulations.
See Exhibit Index.
7 unchanged sentences
Warrant Agreement, dated September 29, 2020, between the Company and Continental Stock Transfer & Trust Company (incorporated by reference to Exhibit 4.1 to the Company’s Current Report on Form 8-K, filed with the Securities and Exchange Commission on October 5, 2020).
−Removed: Form of Restricted Stock Unit Agreement (Executive) adopted pursuant to the EVgo Inc.
−Removed: 2021 Long Term Incentive Plan.
−Removed: Transition Agreement, dated August 1, 2023, between EVgo Inc., EVgo Services LLC, EVgo Holdings, LLC, EVgo Management Holdings, LLC and Catherine Zoi (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K, filed with the Securities and Exchange Commission on August 2, 2023).
−Removed: Employment Agreement, dated August 1, 2023, between EVgo Services LLC and Badar Khan (incorporated by reference to Exhibit 10.2 to the Company’s Current Report on Form 8-K, filed with the Securities and Exchange Commission on August 2, 2023).
−Removed: Offer Letter Agreement, dated November 3, 2022, between EVgo Services LLC and Stephanie Lee.
+Added: Amended & Restated Employment Agreement, dated January 17, 2024, between EVgo Services LLC and Dennis Kish (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K, filed with the Securities and Exchange Commission on January 17, 2024).
Certification of Chief Executive Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
13 unchanged sentences
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, thereunto duly authorized.
−Removed: November 8, 2023
−Removed: /s/ Catherine Zoi
−Removed: Catherine Zoi
+Added: /s/ Badar Khan
Chief Executive Officer
(Principal Executive Officer)
−Removed: November 8, 2023
/s/ Olga Shevorenkova
3 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.