Other Information
−Removed: Marchetto , Executive Vice President and Chief Financial Officer , entered into a stock trading plan on June 29, 2023 for asset diversification purposes.
−Removed: 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.
−Removed: Marchetto's beneficial ownership of our common stock as of June 29, 2023.
−Removed: 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.
−Removed: 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).
−Removed: 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).
−Removed: 10.1 Term Loan Agreement dated as of June 12, 2023, among Trinity Rail Leasing 2023 LLC;
−Removed: Wells Fargo Bank, National Association, as Administrative Agent for the Lenders;
−Removed: 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).
−Removed: 10.2 Fifth Amended and Restated Trinity Industries, Inc.
−Removed: Stock Option and Incentive Plan (incorporated by reference to Exhibit 10.1 to our Form 8-K filed on May 11, 2023).
−Removed: 22.1 Subsidiary guarantors and issuers of guaranteed securities
+Added: During the three months ended September 30, 2023, none of our directors or executive officers informed the Company of the adoption or termination of a "Rule 10b5-1 trading arrangement" or a "non-Rule 10b5-1 trading arrangement", as those terms are defined in Item 408 of SEC Regulation S-K.
+Added: 3.1 Amended and Restated Bylaws of Trinity Industries, Inc., effective September 6, 2023 (filed herewith).
+Added: 21 Listing of subsidiaries of Trinity Industries, Inc.
+Added: (filed herewith).
+Added: 22.1 Subsidiary guarantors and issuers of guaranteed securities (filed herewith).
31.1 Rule 13a-15(e) and 15d-15(e) Certification of the Chief Executive Officer (filed herewith).
15 unchanged sentences
Executive Vice President and Chief Financial Officer
−Removed: August 1, 2023
+Added: November 2, 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.