Other Information
−Removed: 3.1 Amended and Restated Bylaws of Trinity Industries, Inc., effective March 6, 2023 (filed herewith).
−Removed: 10.1 Amendment No.
−Removed: 2 to Second Amended and Restated Credit Agreement, dated as of March 6, 2023, by and among the Trinity Industries, Inc., JPMorgan Chase Bank, N.A., as administrative agent,and the other parties thereto (incorporated by reference to Exhibit 10.1 to our Form 8-K filed on March 9, 2023).
−Removed: 10.2 Third Amendment and Waiver to the Fifth Amended and Restated Warehouse Loan Agreement dated as of March 7, 2023, by and among Trinity Industries Leasing Company, Trinity Rail Leasing Warehouse Trust, Atlas Securities Products Holdings, L.P, as agent, Wilmington Trust Company, as collateral agent and depositary, and the other parties thereto (filed herewith).
−Removed: 10.3 Amendment No.
−Removed: 3 to Amended and Restated Term Loan Agreement, dated as of February 15, 2023, among Trinity Rail Leasing 2017 LLC, Crédit Agricole Corporate and Investment Bank, as Administrative Agent for the Lenders;
−Removed: Bank National Association, as Custodian and Depositary;
−Removed: Bank Trust Company, National Association, as Collateral Agent (filed herewith).
+Added: Marchetto , Executive Vice President and Chief Financial Officer , entered into a stock trading plan on June 29, 2023 for asset diversification purposes.
+Added: Marchetto’s plan provides for the sale of up to 42,225 shares of common stock between September 28, 2023 and June 28, 2024, which represents approximately 15% of Mr.
+Added: Marchetto's beneficial ownership of our common stock as of June 29, 2023.
+Added: Marchetto’s trading plan was entered into during an open insider trading window and is intended to satisfy the affirmative defense of Rule 10b5-1(c) under the Exchange Act and the Company’s policies regarding insider transactions.
+Added: 4.1 Indenture, dated as of June 30, 2023 by and among Trinity Industries, Inc., the guarantors party thereto and Truist Bank, as trustee, governing the 7.750% Senior Notes due 2028 (incorporated by reference to Exhibit 4.1 to our Form 8-K filed on June 30, 2023).
+Added: 4.2 Form of 7.750% Senior Notes due 2028 (incorporated by reference to Exhibit A to Exhibit 4.1 to our Form 8-K filed on June 30, 2023).
+Added: 10.1 Term Loan Agreement dated as of June 12, 2023, among Trinity Rail Leasing 2023 LLC;
+Added: Wells Fargo Bank, National Association, as Administrative Agent for the Lenders;
+Added: Bank Trust Company, National Association, not in its individual capacity, but solely in its capacity as Collateral Agent and Depositary (incorporated by reference to Exhibit 10.1 to our Form 8-K filed on June 12, 2023).
+Added: 10.2 Fifth Amended and Restated Trinity Industries, Inc.
+Added: Stock Option and Incentive Plan (incorporated by reference to Exhibit 10.1 to our Form 8-K filed on May 11, 2023).
22.1 Subsidiary guarantors and issuers of guaranteed securities
16 unchanged sentences
Executive Vice President and Chief Financial Officer
+Added: August 1, 2023
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.