ARRY 10-K Annual Report Dec. 31, 2021 | Alphaminr
Array Technologies, Inc.

ARRY 10-K Fiscal year ended Dec. 31, 2021

Name: Array Technologies, Inc. <br /> CIK: 1820721 <br /> Filing Type: 10-K/A <br /> Report Date: 2021-12-31 <br /> Download URL: https://www.sec.gov/Archives/edgar/data/1820721/000182072122000038/arry-20211231.htm <br />
TABLE OF CONTENTS
Part IItem 1. BusinessItem 1A. Risk FactorsItem 1B. Unresolved Staff CommentsItem 2. PropertiesItem 3. Legal ProceedingsItem 4. Mine Safety DisclosuresPart IIItem 5. Market For Registrant S Common Equity, Related Stockholder Matters and Issuer Purchases Of Equity SecuritiesItem 6. ReservedItem 7. Management S Discussion and Analysis Of Financial Condition and Results Of OperationsItem 7A. Quantitative and Qualitative Disclosures About Market RiskItem 8. Financial Statements and Supplementary DataItem 9. Changes in and Disagreements with Accountants on Accounting and Financial DisclosureItem 9A. Controls and ProceduresItem 9B. Other InformationItem 9C. Disclosure Regarding Foreign Jurisdictions That Prevent InspectionsPart IIIItem 10. Directors, Executive Officers and Corporate GovernanceItem 11. Executive CompensationItem 12. Security Ownership Of Certain Beneficial Owners and Management and Related Stockholder MattersItem 13. Certain Relationships and Related Transactions, and Director IndependenceItem 14. Principal Accountant Fees and ServicesPart IVItem 15. Exhibit and Financial Statement SchedulesItem 16. Form 10 K Summary

Exhibits

2.1+ Purchase Agreement, dated November 10, 2021, by and among Array Technologies, Inc., Array Tech, Inc., Amixa Capital, S.L., Aurica Trackers, S.L., and Mr. Javier Reclusa 8-K 11/12/2021 2.1 3.1 Amended and Restated Certificate of Incorporation of Array Technologies, Inc., dated October 19, 2020 8-K 10/19/2020 3.1 3.2 Amended and Restated Bylaws of Array Technologies, Inc., dated October 19, 2020 8-K 10/19/2020 3.2 3.3 Certificate of Designations of Series A Perpetual Preferred Stock 8-K 08/11/2021 3.1 4.1 Description of securities registered under Section 12 of the Exchange Act 10-K 03/10/2021 4.1 4.2 Indenture, dated December 3, 2021, among Array Technologies, Inc. and U.S. Bank National Association 8-K 12/07/2021 4.1 4.3 Form of 1.00% Convertible Senior Note due 2028 (included in Exhibit 4.1) 8-K 12/07/2021 4.2 10.1 Registration Rights Agreement, datedOctober 19 by and among Array Technologies, Inc. and certain holders identified therein 8-K 10/19/2020 10.1 10.2 Registration Rights Agreement, dated August 10, 2021, by and between Array Technologies, Inc. and BCP Helios Aggregator L.P. 8-K 08/11/2021 10.2 10.3 Registration Rights Agreement, dated January 11, 2022, by and among Array Technologies, Inc. and the holders identified therein 8-K 01/11/2022 10.1 10.4 Securities Purchase Agreement, dated August 10, 2021, by and between the Company and BCP Helios Aggregator L.P. 8-K 08/11/2021 10.1 10.5 Credit Agreement, dated October 14, 2020, by and among Array Technologies, Inc., as borrower, ATI Investment Sub, Inc., as guarantor, Goldman Sachs Bank USA, as administrative agent and collateral agent, and the Lenders (as defined therein) from time to time party thereto 8-K 10/19/2020 10.2 10.6 Amended and Restated ABL Credit and Guarantee Agreement, dated March23, 2020, by and among ATI Investment Holdings, Inc., Wells Fargo Bank, National Association, as administrative agent, and the lenders from time to time party thereto S-1/A 10/14/2020 10.1 10.7 Tax Receivable Agreement, dated July 8, 2016, between Array Technologies, Inc. and Ron P. Corio S-1/A 10/14/2020 10.3 10.8 Form of Array Technologies, Inc. 2020 Long-Term Incentive Plan S-1/A 10/14/2020 10.7 10.9 Earnout Agreement, dated June23, 2016, by and among ATI Investment Parent, LLC, ATI Investment Sub, Inc., Array Technologies, Inc., and the seller parties thereto S-1/A 10/14/2020 10.8 10.10 Employment Offer Letter, dated August 7, 2018, between Array Technologies, Inc. and Stuart Bolland S-1/A 10/14/2020 10.9 10.11 Amendment to Employment Offer Letter, dated May 25, 2019, between Array Technologies, Inc. and Stuart Bolland S-1/A 10/14/2020 10.7 10.12 Employment Offer Letter, dated April 25, 2018, between Array Technologies, Inc. and Jim Fusaro S-1/A 10/14/2020 10.8 10.13 Employment Offer Letter, dated December 19, 2016, between Array Technologies, Inc. and Jeff Krantz S-1/A 10/14/2020 10.9 10.14 Amendment to Employment Offer Letter, dated May 23, 2019, between Array Technologies, Inc. and Jeff Krantz S-1/A 10/14/2020 10.1 10.15 Offer Letter, dated as of April 3, 2022, by and between Array Technologies, Inc. and Kevin Hostetler 8-K 04/05/2022 10.1 10.16 Array Technologies, Inc. Executive Severance and Change in Control Plan 8-K 04/05/2022 10.2 10.17 Separation Agreement, dated as of March 31, 2022, by and between Array Technologies, Inc. and Jim Fusaro 8-K 04/05/2022 10.3 10.18 Form of Director and Officer Indemnification Agreement S-1/A 10/14/2020 10.11 10.19 Employment Agreement Terms 10-K 03/10/2021 10.13 10.20 Amendment No. 1, dated February 23, 2021, to the credit agreement by and among Array Tech, Inc., as borrower, ATI Investment Sub, Inc., as guarantor, Goldman Sachs Bank USA, as administrative agent and collateral agent, and the lenders from time to time party thereto 10-K 03/10/2021 10.14 10.21 Amendment No. 2, dated February 26, 2021, to the credit agreement by and among Array Tech, Inc., as borrower, ATI Investment Sub, Inc., as guarantor, Goldman Sachs Bank USA, as administrative agent and collateral agent, and the lenders from time to time party thereto 8-K 03/02/2021 10.1 10.22 Form of Capped Call Confirmation 8-K 12/07/21 10.1 21.1* List of Subsidiaries of the Registrant 23.1* Consent of Independent Registered Public Accounting Firm 31.1* Certification of the Chief Executive Officer, as required by Section 302 of the Sarbanes- Oxley Act of 2002 (18 U.S.C. 1350) 31.2* Certification of the Chief Financial Officer, as required by Section 302 of the Sarbanes- Oxley Act of 2002 (18 U.S.C. 1350) 32.1** Certification of the Chief Executive Officer, as required by Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) 32.2** Certification of the Chief Financial Officer, as required by Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)