Arq, Inc. entered into the Ninth Amendment to its Tax Asset Protection Plan on April 15, 2026, extending the plan's expiration date contingent on stockholder approval.
Key takeaways
The Ninth Amendment to the Tax Asset Protection Plan was executed between Arq, Inc. and Computershare Trust Company, N.A. on April 15, 2026.
The amendment modifies the definition of 'Final Expiration Date' to the earlier of December 31, 2027 or December 31, 2026 if stockholder approval is not obtained.
The amendment also updates the Form of Rights Certificate and Summary of Rights to reflect the new expiration terms.
The Tax Asset Protection Plan was originally dated May 5, 2017, and has been amended eight times prior to this Ninth Amendment.
The amendment is governed by Delaware law and was signed by Robert Rasmus as CEO of Arq, Inc. and Patrick Hayes as Manager, Client Management of Computershare Trust Company, N.A.