SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Section 5 - Corporate Governance and Management
On January 6, 2021, FreightCar America, Inc. (the “Company”) filed a Current Report on Form 8-K reporting the appointment of Mr. Terence R. Rogers as interim Chief Financial Officer of the Company, effective January 5, 2021. On February 17, 2021, the Board of Directors (the “Board”) of the Company announced the appointment of Mr. Rogers as the permanent Chief Financial Officer, effective February 15, 2021 (the “Effective Date”). In connection with Mr. Rogers’s appointment, Michael Riordan, the Company’s Chief Accounting Officer, will take over as the Company’s principal accounting officer. Additional information regarding Mr. Rogers and his business experience and positions with the Company can be found in the Company’s Current Report on Form 8-K filed on January 6, 2021. A copy of the Company’s press release announcing Mr. Rogers’s appointment is attached hereto as Exhibit 99.1 and incorporated herein by reference.
In connection with Mr. Rogers’s permanent appointment, the Company and Mr. Rogers entered into a letter agreement regarding the terms of employment (the “Agreement”) dated February 11, 2021 and effective on the Effective Date. A description of the material terms of the Agreement is set forth below, which is qualified in its entirety by reference to its full text, a copy of which will be filed as an exhibit to the Company’s Annual Report on Form 10-K for the year 2020.
Section 9 - Financial Statements and Exhibits
Exhibit 99.1 Press Release of FreightCar America, Inc., dated February 17, 2021
Exhibit 104 Cover Page Interactive Data File (embedded within the Inline XBRL document).
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
|FREIGHTCAR AMERICA, INC.|
|Date: February 17, 2021||By:||/s/ James R. Meyer|
|James R. Meyer|
|President and Chief Executive Officer|