Other Information.
−Removed: On October 29, 2021, we entered into Amendment No.
−Removed: 1 to the Advisory Agreement with Michael J.
−Removed: Morris (the “Amendment”), one of our former executive officers.
−Removed: The Amendment extends the term of his Advisory Agreement that was set to expire in October to December 31, 2021, during which time Mr.
−Removed: Morris will continue to provide consulting services as requested for time to time by the Chief Financial Officer or Chief Executive Officer.
−Removed: All other terms of the Advisory Agreement are unchanged by the Amendment, and Mr.
−Removed: Morris will continue to receive a fixed monthly fee of $5,000 per month.
−Removed: In accordance with SEC Release No.
−Removed: 33-8212, Exhibit 32.1 is to be treated as “accompanying” this report rather than “filed” as part of the report.
3.1 Restated Charter of the registrant (incorporated herein by reference to Exhibit 3 to the registrant’s Current Report on Form 8-K filed with the Securities and Exchange Commission on May 28, 1999 (File No.
3.2 Amended and Restated Bylaws of the registrant (incorporated herein by reference to Exhibit 3.1 to the registrant’s Current Report on Form 8-K filed with the Securities and Exchange Commission on July 31, 2017 (File No.
−Removed: 10.1 Advisory Agreement effective April 5, 2021, between Forward Air Corporation and Michael J.
−Removed: Morris (incorporated herein by reference to Exhibit 10.1 to the registrant’s Quarterly Report on Form 10-Q filed with the Securities and Exchange Commission on May 4, 2021)
−Removed: 10.2 Rebecca J.
−Removed: Garbrick Offer Letter dated as of June 21, 2021 (incorporated herein by reference to Exhibit 10.1 to the registrant’s Current Report on Form 8-K filed with the Securities and Exchange Commission on June 25, 2021 (File No.
−Removed: 10.3 Second Amendment dated July 20, 2021 to Credit Agreement dated September 29, 2017 by and among Forward Air Corporation and Forward Air, Inc., as borrowers, certain subsidiaries of the borrowers as guarantors, Bank of America, N.A., as administrative agent and lender, U.S.
−Removed: Bank National Association, as lender and the other lenders part thereto (incorporated herein by reference to Exhibit 10.3 to the registrant’s Quarterly Report on Form 10-Q filed with the Securities and Exchange Commission on August 10, 2021)
−Removed: 10.4 Amendment No.
−Removed: 1 dated October 29 , 2021 to Advisory Agreement , dated October 2 9, 2021, bet ween Forward Air Corporation and Michael J.
+Added: 10.1 Separation and General Release Agreement between Scott E.
+Added: Schara and Forward Air Corporation
31.1 Certification of Principal Executive Officer Pursuant to Exchange Act Rule 13a-14(a) (17 CFR 240.13a-14(a))
13 unchanged sentences
Forward Air Corporation
−Removed: November 8, 2021 By:
+Added: May 9, 2022 By:
/s/ Thomas Schmitt
3 unchanged sentences
Forward Air Corporation
−Removed: November 8, 2021 By:
+Added: May 9, 2022 By:
/s/ Rebecca J.
2 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.