Filing Redlined Exhibits for Amended Agreements Could Benefit Readers

Someone from LEXamples wrote in suggesting we add SEC exhibits to the coverage of the transparency universe. It’s an interesting thought given that 2.4 million exhibits have been referenced in an SEC filing since 2017.

The reader notes that redlined exhibits would be useful when changes are made. He cites that 65 bylaws and charters have been redlined in a SEC exhibit over the past 5 years, but that it’s not so common for other types of exhibits. But it does happen. Check out this Form 10-Q for Chef’s Warehouse and the two redlined credit agreement amendments they filed in October 2022. And here is a redlined credit agreement filed by Aramark yesterday…

Item 601 of Regulation S-K doesn’t require companies to file redlined copies of amended credit agreements – but it sure makes it easier for the reader to understand what has been changed. Keep those ideas and examples coming, dear readers!

Side note: Item 601(b)(3)(i) and (ii) states that if companies are reporting bylaw or amendment changes via Form 8-K, companies can opt to file only the text of the amendment – and then companies are required to file the complete copy as amended in the next periodic report or registration statement…

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