FIX 10-K Annual Report Dec. 31, 2022 | Alphaminr
COMFORT SYSTEMS USA INC

FIX 10-K Fiscal year ended Dec. 31, 2022

COMFORT SYSTEMS USA INC
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PROXIES
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TABLE OF CONTENTS
Part IItem 1. BusinessItem 1A. Risk FactorsItem 1B. Unresolved Staff CommentsItem 2. PropertiesItem 3. Legal ProceedingsItem 4. Mine Safety DisclosuresItem 4A. Executive Officers Of The RegistrantPart IIItem 5. Market For Registrant S Common Equity, Related Stockholder Matters and Issuer Purchases Of Equity SecuritiesItem 6. [reserved]Item 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 GovernancePart IVItem 15. Exhibits and Financial Statement SchedulesItem 16. Form 10-k Summary

Exhibits

3.1 Second Amended and Restated Certificate of Incorporation of the Registrant 3.1 333-24021 3.2 Certificate of Amendment dated May21, 1998 3.2 1998 Form10-K 3.3 Certificate of Amendment dated July9, 2003 3.3 2003 Form10-K 3.4 Certificate of Amendment dated May20, 2016 3.1 May20, 2016Form8-K 3.5 Amended and Restated Bylaws of Comfort Systems USA,Inc. 3.1 March 25, 2016Form 8-K 4.1 Form of certificate evidencing ownership of Common Stock of the Registrant 4.1 333-24021 4.2 Description of Registrants Securities 4.2 2019 Form 10-K *10.2 Form of Comfort Systems USA,Inc. Executive Severance Policy 10.3 First Quarter 2008Form10-Q *10.3 Form of Directors and Officers Indemnification Agreement 10.1 May19, 2009Form8-K 10.4 Second Amended and Restated Credit Agreement by and among Comfort Systems USA,Inc., as Borrower and Wells Fargo Bank, National Association, as Administrative Agent/Wells Fargo SecuritiesLLC, as Sole Lead Arranger and Sole Lead Book Runner/Bank of Texas, N.A., Capital One, N.A., and Regions Bank as Co-Syndication Agent/and Certain Financial Institutions as Lenders 10.1 July22, 2010Form8-K/A 10.5 Stock Purchase Agreement, dated July28, 2010 10.1 July30, 2010Form8-K 10.6 Amendment No.1 to Second Amended and Restated Credit Agreement, Second Amended and Restated Security Agreement, and Second Amended and Restated Pledge Agreement 10.1 Third Quarter 2011Form10-Q 10.7 Amendment No.2 to Second Amended and Restated Credit Agreement and Amendment to Other Loan Documents 10.1 Second Quarter 2013Form10-Q *10.8 Form of Option Award under the Comfort Systems USA,Inc. 2012 Equity Incentive Plan 10.33 2014 Form10-K 10.9 Amendment No.3 to Second Amended and Restated Credit Agreement and Amendment to Other Loan Documents 10.1 Third Quarter 2014Form10-Q 10.10 Agreement and Plan of Merger between the Company and Dyna Ten Corporation, dated April7, 2014 10.1 April9, 2014Form8-K *10.11 Form of Amended Change in Control Agreement 10.1 Third Quarter 2015Form10-Q 10.12 Amendment No.4 to Second Amended and Restated Credit Agreement and Amendment to Other Loan Documents 10.40 2015 Form 10-K *10.13 Form of 2016 Stock Option Notice 10.3 March 25, 2016Form 8-K *10.14 Resignation and General Release Agreement between the Company and James Mylett, dated as of January 10, 2017 10.1 January 11, 2017Form 8-K 10.15 Stock Purchase Agreement, dated February 21, 2017, by and among the Company, BCH, the Selling Shareholders and Daryl Blume, in his capacity as representative of the Selling Shareholders 2.1 February 23, 2017Form 8-K 10.16 Form of Promissory Note, dated April 1, 2017, issued by the Company in favor of each of the Selling Shareholders 10.1 April 3, 2017Form 8-K *10.17 2017 Omnibus Incentive Plan A April 10, 2017Proxy Statement *10.18 2017 Senior Management Annual Performance Plan B April 10, 2017Proxy Statement *10.19 Form of Restricted Stock Unit Agreement under the Companys 2012 Equity Incentive Plan 10.2 First Quarter 2017Form 10-Q *10.20 Form of Stock Option Notice under the Companys 2012 Equity Incentive Plan 10.3 First Quarter 2017Form 10-Q *10.21 Form of Dollar-denominated Performance Restricted Stock Unit Agreement under the Companys 2012 Equity Incentive Plan 10.4 First Quarter 2017Form 10-Q *10.22 Form of Restricted Stock Unit Agreement under the Companys 2017 Omnibus Incentive Plan 10.1 First Quarter 2018Form 10-Q *10.23 Form of Stock Option Notice under the Companys 2017 Omnibus Incentive Plan 10.2 First Quarter 2018Form 10-Q *10.24 Form of Dollar-denominated Performance Restricted Stock Unit Agreement under the Companys 2017 Omnibus Incentive Plan 10.3 First Quarter 2018Form 10-Q 10.25 Amendment No. 5 to Second Amended and Restated Credit Agreement and Amendment to Other Loan Documents 10.1 Second Quarter 2018Form 10-Q 10.26 Purchase Agreement, dated February 21, 2019, by and among the Company, Walker, the Shareholder Sellers and Scott Walker, in his capacity as representative of the Shareholder Sellers 2.1 February 26, 2019Form 8-K 10.27 Amendment No. 6 to Second Amended and Restated Credit Agreement and Amendment to Other Loan Documents 10.56 2019 Form 10-K 10.28 Agreement and Plan of Merger dated as of March 9, 2020 among Comfort Systems USA, Inc., OSC Acquisition Corp., TAS Energy Inc., and Element Partners II, L.P., as Stockholder Representative 2.1 March 13, 2020Form 8-K *10.29 Resignation and General Release Agreement between Comfort Systems USA, Inc. and Terrence Young, dated as of January 18, 2022 10.1 January 19, 2022Form 8-K 10.30 Third Amended and Restated Credit Agreement dated as of May 25, 2022 by and among Comfort Systems USA, Inc., as Borrower, the Lenders listed on the signature pages thereof, and Wells Fargo Bank, National Association, as Agent for the Lenders 10.1 May 27, 2022Form 8-K/A *10.31 Form of Restricted Stock Unit Agreement with a Blank Vesting Schedule under the Companys 2017 Omnibus Incentive Plan 10.2 Second Quarter 2022Form 10-Q 16.1 Letter to Securities and Exchange Commission from Ernst & Young LLP, dated March 15, 2021 16.1 March 15, 2021Form 8-K 21.1 List of subsidiaries of Comfort Systems USA,Inc. Filed Herewith 23.1 Consent of Deloitte& ToucheLLP Filed Herewith 23.2 Consent of Ernst& YoungLLP Filed Herewith 31.1 Certification of Chief Executive Officer pursuant to Section302 of the Sarbanes-Oxley Act of 2002 Filed Herewith 31.2 Certification of Chief Financial Officer pursuant to Section302 of the Sarbanes-Oxley Act of 2002 Filed Herewith 32.1 Certification of Chief Executive Officer pursuant to Section906 of the Sarbanes-Oxley Act of 2002 Furnished Herewith 32.2 Certification of Chief Financial Officer pursuant to Section906 of the Sarbanes-Oxley Act of 2002 Furnished Herewith