1 unchanged sentence
During the period covered by this report, the Audit Committee of our Board of Directors engaged our independent registered public accounting firm to perform non-audit, tax planning services.
−Removed: This disclosure is made pursuant to Section 10A(i)(2) of the Securities Exchange Act of 1934, as added by Section 202 of the Sarbanes-Oxley Act of 2002.
−Removed: During the three months ended July 31, 2023, none of our directors or officers (as defined in Rule 16a-1(f) of the Exchange Act) adopted, modified or terminated any contract, instruction or written plan for the purchase or sale of our securities that was intended to satisfy the affirmative defense conditions of Rule 10b5-1(c) of the Exchange Act or any non -Rule 10b5-1 trading arrangement (as defined in the Security Exchange Commission’s rules).
+Added: This disclosure is made pursuant to Section 10A(i)(2) of the Exchange Act, as added by Section 202 of the Sarbanes-Oxley Act of 2002.
+Added: During the three months ended January 31, 2024, none of our directors or officers (as defined in Rule 16a-1(f) of the Exchange Act) adopted, modified or terminated any contract, instruction or written plan for the purchase or sale of our securities that was intended to satisfy the affirmative defense conditions of Rule 10b5-1(c) of the Exchange Act or any non -Rule 10b5-1 trading arrangement (as defined in the Securities and Exchange Commission’s rules).
EXHIBIT INDEX
−Removed: Amended and Restated Articles of Incorporation of the Registrant, incorporated by reference to Exhibit 3.1 to the Registrant’s Quarterly Report on Form 10-Q for the quarter ended July 31, 1997.
+Added: Amended and Restated Articles of Incorporation of the Registrant, incorporated by reference to Exhibit 3.1 to the Registrant’s Quarterly Report on Form 10-Q for the quarter ended January 31, 1997.
Amended and Restated By-Laws of the Registrant as amended through March 12, 2021, incorporated by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K filed on March 12, 2021.
+Added: Fifth Amendment to Credit Agreement, dated as of December 19, 2023, to the Credit Agreement, dated as of December 31, 2018, among Hurco Companies, Inc.
+Added: and Hurco B.V., as the Borrowers, certain subsidiaries party thereto, as the Guarantors, and Bank of America, N.A., as the Lender, incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K filed December 22, 2023.
Certification by the Chief Executive Officer pursuant to Rule 13a-14(a) under the Securities Exchange Act of 1934, as amended.
2 unchanged sentences
Certification by the Chief Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
−Removed: The following financial information from the Registrant’s Quarterly Report on Form 10-Q for the quarter ended July 31, 2023, formatted in Inline XBRL:
+Added: The following information from the Registrant’s Quarterly Report on Form 10-Q for the quarter ended January 31, 2024, formatted in Inline XBRL:
(i) Condensed Consolidated Statements of Operations;
4 unchanged sentences
and (vi) Notes to Condensed Consolidated Financial Statements;
+Added: and (vii) information regarding trading arrangements set forth in Part II, Item 5.
Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101).
2 unchanged sentences
Executive Vice President, Treasurer & Chief Financial Officer
−Removed: September 8, 2023
+Added: March 8, 2024
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.