8 unchanged sentences
Attestation Report of Registered Public Accounting Firm
−Removed: We are an emerging growth company, as defined by Rule 12b-2 of the Exchange Act, and therefore are not required to provide an attestation report of our registered public accounting firm with respect to our internal control over financial reporting.
+Added: The effectiveness of our internal control over financial reporting as of September 30, 2021 has been audited by RSM US LLP, our independent registered public accounting firm, who also audited our consolidated financial statements included in this report, as stated in their reports which appear with our accompanying consolidated financial statements.
Changes in Internal Control Over Financial Reporting
3 unchanged sentences
The information required by this Item is incorporated by reference to the proxy statement for the 2022 annual meeting of stockholders of the Company to be filed by the Company with the SEC under the Exchange Act (the “2022 Proxy Statement”).
−Removed: We intend to file the 2020 Proxy Statement on or about January 22, 2020, but in any event within 120 days after September 30, 2020.
+Added: The Company intends to file the 2022 Proxy Statement in January 2022, and in any event within 120 days after September 30, 2021.
Executive Compensation.
12 unchanged sentences
included herein at Item 8 are as follows:
−Removed: • Report of Independent Registered Public Accounting Firm — RSM US LLP
+Added: • Reports of Independent Registered Public Accounting Firm — RSM US LLP
• Consolidated Balance Sheets as of September 30, 2021 and 2020
−Removed: • Consolidated Statements of Income for the fiscal years ended September 30, 2020 and 2019
+Added: • Consolidated Statements of Comprehensive Income for the fiscal years ended September 30, 2021, 2020, and 2019
• Consolidated Statements of Changes in Stockholders’ Equity for the fiscal years ended September 30, 2021, 2020, and 2019
• Consolidated Statements of Cash Flows for the fiscal years ended September 30, 2021, 2020, and 2019
−Removed: • Notes to Consolidated Financial Statements for the fiscal years ended September 30, 2020 and 2019
+Added: • Notes to Consolidated Financial Statements
• Parent Company Only Condensed Balance Sheets as of September 30, 2021 and 2020
−Removed: • Parent Company Only Condensed Statements of Income for the fiscal years ended September 30, 2020 and 2019
+Added: • Parent Company Only Condensed Statements of Comprehensive Income for the fiscal years ended September 30, 2021, 2020, and 2019
• Parent Company Only Condensed Statements of Cash Flows for the fiscal years ended September 30, 2021, 2020, and 2019
25 unchanged sentences
Description of Construction Partners, Inc.’s Class A common stock
+Added: Number Description
Form of Indemnification Agreement, by and between Construction Partners, Inc.
2 unchanged sentences
333-224174) filed on April 23, 2018)
−Removed: Number Description
−Removed: Amended and Restated Credit Agreement, dated as of July 30, 2020, by and among Construction Partners, Inc.
−Removed: and each of its wholly owned subsidiaries, as borrowers, BBVA USA, as agent, sole lead arranger and sole bookrunner, and the other lenders party thereto (incorporated by reference to Exh i bit 10.1 to the Current Report on Form 8-K (File No.
−Removed: 001-38479) filed on August 3, 2020)
+Added: Second Amended and Restated Credit Agreement, dated as of June 24, 2021, by and among Construction Partners, Inc.
+Added: and each of its wholly owned subsidiaries, as borrowers, BBVA USA, as administrative agent, joint lead arranger, sole bookrunner and lender, Regions Bank and BofA Securities, Inc., each as a joint arranger, and certain other lenders party thereto (incorporated by reference to Exhibit 10.1 to the C urrent Report on Form 8-K (File No.
+Added: 001-38479) filed on June 25, 2021)
+Added: First Amendment to Second Amended and Restated Credit Agreement, dated as of October 1, 2021, by and among the Company and each of its wholly owned subsidiaries, as borrowers, the Lenders party thereto, and BBVA USA, as Administrative Agent, L/C Issuer and an Arranger (incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K (File No.
+Added: 001-38479) filed on October 4, 2021)
Form of Employment Agreement, dated April 1, 2020, by and between Construction Partners, Inc.
−Removed: and certain executive officers ( incorporated by reference t o Exhibit 10.1 to the Current Report on Form 8-K (F ile No.
+Added: and certain executive officers (incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K (File No.
001-38479) filed on April 3, 2020)
2 unchanged sentences
001-38479) filed on October 2, 2020)
+Added: Second Amendment to Employment Agreement, effective as of May 5, 2021, by and between Construction Partners, Inc.
+Added: Smith, III (incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K (File No.
+Added: 001-38479) filed on May 7, 2021)
Construction Partners, Inc.
34 unchanged sentences
* Filed herewith.
+Added: Number Description
** Furnished herewith.
−Removed: Pursuant to the requirements of Section 13 or 15(d) 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, on this 11th day of December, 2020.
+Added: Pursuant to the requirements of Section 13 or 15(d) 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, on this 29th day of November, 2021.
CONSTRUCTION PARTNERS, INC.
−Removed: /s/ Charles E.
President and Chief Executive Officer
1 unchanged sentence
Name and Signature Title Date
−Removed: /s/ Charles E.
−Removed: Owens President, Chief Executive Officer and Director December 11, 2020
−Removed: Owens (Principal Executive Officer)
−Removed: Alan Palmer Executive Vice President and Chief Financial Officer December 11, 2020
+Added: Smith, III President, Chief Executive Officer and Director November 29, 2021
+Added: Smith, III (Principal Executive Officer)
+Added: Alan Palmer Executive Vice President and Chief Financial Officer November 29, 2021
Alan Palmer (Principal Financial Officer)
−Removed: Andrews Chief Accounting Officer December 11, 2020
+Added: Andrews Chief Accounting Officer November 29, 2021
Andrews (Principal Accounting Officer)
−Removed: Fleming, III Executive Chairman of the Board and Directors December 11, 2020
−Removed: /s/ Craig Jennings Director December 11, 2020
+Added: Fleming, III Executive Chairman of the Board November 29, 2021
+Added: /s/ Charles E.
+Added: Owens Vice Chairman of the Board November 29, 2021
+Added: /s/ Craig Jennings Director November 29, 2021
Craig Jennings
−Removed: Matteson Director December 11, 2020
+Added: Matteson Director November 29, 2021
/s/ Michael H.
−Removed: McKay Director December 11, 2020
+Added: McKay Director November 29, 2021
/s/ Stefan L.
−Removed: Shaffer Director December 11, 2020
+Added: Shaffer Director November 29, 2021
/s/ Noreen E.
−Removed: Skelly Director December 11, 2020
+Added: Skelly Director November 29, 2021
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.