4 unchanged sentences
333-224174) filed on April 27, 2018)
−Removed: 3.2 Amended and Restated Bylaws of Construction Partners, Inc.
−Removed: (incorporated by reference to Exhibit 3.2 to Amendment No.
−Removed: 2 to the Registration Statement on Form S-1 (File No.
−Removed: 333-224174) filed on April 27, 2018)
−Removed: 3.2A Amendment to Amended and Restated Bylaws of Construction Partners, Inc.
−Removed: (incorporated by reference to Exhibit 3.1 to the Current Report on Form 8-K (File No.
−Removed: 001-38479) filed on June 4, 2020)
+Added: 3.2 Amended and Restated By - L aws of Construction Partners, Inc.
+Added: (incorporated by reference to Exhibit 3.
+Added: 1 to the Current Report on Form 8-K (File No.
+Added: 001-38479) filed on November 9, 2022 )
4.1 Form of Class A Common Stock Certificate (incorporated by reference to Exhibit 4.1 to Amendment No.
4 unchanged sentences
333-224174) filed on April 6, 2018)
−Removed: 10.1 Third Amended and Restated Credit Agreement, dated as of June 30, 2022, by and among Construction Partners, Inc.
+Added: 10.1 First Amendment to Third Amended and Restated Credit Agreement, dated as of November 17 , 2022, by and among Construction Partners, Inc.
and each of its wholly owned subsidiaries, as borrowers, PNC Bank, National Association, as administrative agent and lender, PNC Capital Markets LLC, as joint lead arranger and sole bookrunner, 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 Current Report on Form 8-K (File No.
−Removed: 001-38479) filed on June 30, 2022
+Added: 001-38479) filed on November 22, 2022)
+Added: 10.2 Form of Performance Stock Unit Award Agreement under the Construction Partners, Inc.
+Added: 2018 Equity Incentive Plan (Revenue Growth Rate and Adjusted EBITDA Margin Vesting Criteria) (incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K (File No.
+Added: 001-38479) filed on November 9, 2022)
Certification of President and Chief Executive Officer pursuant to Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934, as amended
12 unchanged sentences
** 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 5th day of August, 2022.
+Added: 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.
CONSTRUCTION PARTNERS, INC.
+Added: February 9, 2023 By:
President and Chief Executive Officer
−Removed: Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated.
−Removed: Name and Signature Title Date
−Removed: Smith, III President and Chief Executive Officer August 5, 2022
−Removed: Smith, III (Principal Executive Officer)
−Removed: Alan Palmer Executive Vice President and Chief Financial Officer August 5, 2022
−Removed: Alan Palmer (Principal Financial Officer)
+Added: February 9, 2023 By:
+Added: Executive Vice President and Chief Financial Officer
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.