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(Former name or former address, if changed since last report)
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Item
1.01
Entry into a Material Definitive Agreement.
On April 5, 2019, Advanced Emissions Solutions, Inc. (the “Company”) entered into the Second Amendment to Tax Asset Protection Plan (the “Second Amendment”) between the Company and Computershare Trust Company, N.A. (the “Rights Agent”) that amends the Tax Asset Protection Plan dated May 5, 2017, as amended by the First Amendment to Tax Asset Protection Plan,
dated April 6, 2018 (the “TAPP”) between the Company and the Rights Agent.
The Second Amendment amends the definition of “Final Expiration Date” under the TAPP to extend the duration of the TAPP and makes associated changes in connection therewith. Pursuant to the Second Amendment, the Final Expiration Date shall be the close of business on the earlier of (i) December 31, 2020 or (ii) December 31, 2019 if stockholder approval has not been obtained prior to such date.
The foregoing description of the Second Amendment is qualified in its entirety by reference to the full text of the Second Amendment,
attached hereto as Exhibit 4.3 and incorporated herein by reference.
Item 3.03
Material Modification to Rights of Security Holders.
See the description set out under “Item 1.01 - Entry into a Material Definitive Agreement,” which is incorporated by reference into this Item 3.03.
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
