United States securities and exchange commission logo
January 2, 2024
Patrick E. Bowe
President and Chief Executive Officer
Andersons, Inc.
1947 Briarfield Boulevard
Maumee, Ohio 43537
Re: Andersons, Inc.
Definitive Proxy
Statement on Schedule 14A
Filed March 9, 2023
File No. 000-20557
Dear Patrick E. Bowe:
We have limited our review of your most recent definitive proxy
statement to those issues
we have addressed in our comments. Please respond to these comments by
confirming that you
will revise your future proxy disclosures in accordance with the topics
discussed below.
Definitive Proxy Statement on Schedule 14A filed March 9, 2023
Pay versus Performance, page 54
1. We note that the peer
group you identify in the pay versus performance table and related
disclosure is the
custom "Peer Group Index disclosed in Item 5" of your Form 10-K. Since
your peer group is not
an a published industry or line-of-business index, please ensure that
the issuers composing
the group are disclosed in a footnote. Refer to Regulation S-K Item
402(v)(2)(iv).
2. We note that you have
included Net Income Attributable to the Company (in thousands)
under another heading
that reads from continuing operations in column (h) of your pay
versus performance
table in lieu of net income as required by Regulation S-K Item
402(v)(2)(v). Please
include net income (loss), as reported in your audited GAAP
financial statements,
in column (h) for all years covered by the table. Refer to Regulation
S-K Compliance and
Disclosure Interpretations Questions 128D.08 and 128D.09. Please
note that you may
voluntarily provide supplemental measures of compensation or
financial performance,
so long as any additional disclosure is "clearly identified as
supplemental, not
misleading, and not presented with greater prominence than the
required disclosure."
See Pay Versus Performance, Release No. 34-95607 (August 25,
2022 [87 FR 55134
(September 8, 2022)] at Section II.F.3. It is also unclear how columns
(h) and (g) are
modified by the title "from continuing operations." Please ensure that the
Patrick E. Bowe
Andersons, Inc.
January 2, 2024
Page 2
your pay versus performance table includes only the exact headings
permitted by
Regulation S-K Item 402(v)(1)(a)-(i).
Please contact Marion Graham at 202-551-6521 or Amanda Ravitz at
202-551-3412 with
any other questions.
FirstName LastNamePatrick E. Bowe Sincerely,
Comapany NameAndersons, Inc.
Division of
Corporation Finance
January 2, 2024 Page 2 Disclosure Review
Program
FirstName LastName