5 unchanged sentences
Maximum Number of Shares that May Yet be Purchased Under the Plans
−Removed: July 1 —
−Removed: July 31, 2022
−Removed: August 1 —
−Removed: August 31, 2022
−Removed: September 1 —
−Removed: September 30, 2022
−Removed: Purchases of the Company's common stock in August 2022 were made in the open market pursuant to a discretionary authorization by the Board of Directors.
+Added: January 1 —
+Added: January 31, 2023
+Added: February 1 —
+Added: February 28, 2023
+Added: March 1 —
+Added: March 31, 2023
+Added: Purchases of the Company's common stock in March 2023 were made in the open market pursuant to a discretionary authorization by the Board of Directors.
EXHIBIT INDEX
4 unchanged sentences
See Exhibits 3.1 and 3.2 hereof for provisions of our Restated Articles of Incorporation of the Company with all amendments to date and the Bylaws of the Company with all amendments to date (incorporated, respectively, by reference to Exhibit 3.1 to the Registrant's Annual Report on Form 10-K for the year ended December 31, 2014 and Exhibit 3.1 to the Registrant’s Current Report on Form 8-K filed with the Commission on October 28, 2022).
−Removed: Credit Agreement dated July 29, 2022 among Kirby Corporation, JPMorgan Chase Bank, N.A., as Administrative Agent, and the banks named therein (incorporated by reference to Exhibit 10.1 to the Registrant's Current Report on Form 8-K filed with the Commission on July 29, 2022).
+Added: Annual Incentive Plan Guidelines for 2023 (incorporated by referenced to Exhibit 10.6 to the Registrant’s Annual Report on Form 10-K for the year ended December 31, 2022).
+Added: Amended and Restated Annual Incentive Plan 2023 Plan Year Guidelines (incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K filed with the Commission on March 24, 2023).
+Added: Cooperation Agreement dated February 3, 2023 by and among the Company and JCP Investment Management, LLC and certain of its affiliates and associates (incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K filed with the Commission on February 3, 2023).
+Added: Amendment to Change of Control Agreement by and between Kirby Corporation and David W.
+Added: Grzebinski dated March 6, 2023.
+Added: Amendment to Change of Control Agreement by and between Kirby Corporation and Raj Kumar dated March 6, 2023.
+Added: Amendment to Change of Control Agreement by and between Kirby Corporation and Christian G.
+Added: O’Neil dated March 6, 2023.
Certification of Chief Executive Officer Pursuant to Rule 13a-14(a)
16 unchanged sentences
Chief Financial Officer
−Removed: November 4, 2022
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.