secwatch / observer
8-K filed March 14, 2024, 7:59 PM ET CIK 0001820630
other material confidence high sentiment negative materiality 1.00

Proterra Inc: going-concern / distress — Proterra emerges from Chapter 11; old common stock cancelled with no recovery

Proterra Inc

Executive movements

Machine-extracted from this filing. Every card cites the SEC source. See all recent executive movements.

Departed

Brook F. Porter

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
Appointed

Jordan Jaffe

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
As of the Effective Date, the board of directors of the Company (the “Board”) consists of the following five directors who were appointed: Vusal Najafov, Ewa Kozicz, Artem Mariychin, Michelle Barone, and Jordan Jaffe.
Departed

Jan R. Hauser

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
Appointed

Vusal Najafov

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
As of the Effective Date, the board of directors of the Company (the “Board”) consists of the following five directors who were appointed: Vusal Najafov, Ewa Kozicz, Artem Mariychin, Michelle Barone, and Jordan Jaffe.
Departed

Gareth T. Joyce

Chief Executive Officer and President
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
On the Effective Date, the Debtors’ officers, including Mr. Gareth T. Joyce, Chief Executive Officer and President of the Company, and Mr. Justin Derek Pugh, Acting Chief Financial Officer of the Company, were replaced pursuant to the Plan by the Reorganized Debtors’ new officers, each effective as of March 13, 2024.
Appointed

Artem Mariychin

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
As of the Effective Date, the board of directors of the Company (the “Board”) consists of the following five directors who were appointed: Vusal Najafov, Ewa Kozicz, Artem Mariychin, Michelle Barone, and Jordan Jaffe.
Departed

Gareth T. Joyce

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
Appointed

Michelle Barone

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
As of the Effective Date, the board of directors of the Company (the “Board”) consists of the following five directors who were appointed: Vusal Najafov, Ewa Kozicz, Artem Mariychin, Michelle Barone, and Jordan Jaffe.
Departed

Mary Louise Krakaeur

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
Departed

Michael D. Smith

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
Departed

Jeannine P. Sargent

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
Departed

Justin Derek Pugh

Acting Chief Financial Officer
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
On the Effective Date, the Debtors’ officers, including Mr. Gareth T. Joyce, Chief Executive Officer and President of the Company, and Mr. Justin Derek Pugh, Acting Chief Financial Officer of the Company, were replaced pursuant to the Plan by the Reorganized Debtors’ new officers, each effective as of March 13, 2024.
Appointed

Ewa Kozicz

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
As of the Effective Date, the board of directors of the Company (the “Board”) consists of the following five directors who were appointed: Vusal Najafov, Ewa Kozicz, Artem Mariychin, Michelle Barone, and Jordan Jaffe.
Departed

Roger M. Nielsen

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
Departed

Constance E. Skidmore

Director
Proterra Inc
Effective
2024-03-13
Filed
March 14, 2024, 7:59 PM ET
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.

Key facts

Extracted from this filing and checked against the source text.

Distress & Bankruptcy SEC 8-K Item 1.03 confidence 0.9

Proterra Inc entered chapter 11 in Bankruptcy Court (petition 2024-03-13).

Proceeding
chapter 11
Court
Bankruptcy Court
Petition
2024-03-13
Exact text from the filing
On March 13, 2024, the Debtors filed a Notice of Occurrence of Effective Date as to the Company (the “Notice of Effective Date”) with the Bankruptcy Court.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Brook F. Porter departed as Director at Proterra Inc.

Action
ceased to be director
Role
Director
Exact text from the filing
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Jordan Jaffe was appointed as Director at Proterra Inc.

Action
appointed
Role
Director
Exact text from the filing
As of the Effective Date, the board of directors of the Company (the “Board”) consists of the following five directors who were appointed: Vusal Najafov, Ewa Kozicz, Artem Mariychin, Michelle Barone, and Jordan Jaffe.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Jan R. Hauser departed as Director at Proterra Inc.

Action
ceased to be director
Role
Director
Exact text from the filing
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Vusal Najafov was appointed as Director at Proterra Inc.

Action
appointed
Role
Director
Exact text from the filing
As of the Effective Date, the board of directors of the Company (the “Board”) consists of the following five directors who were appointed: Vusal Najafov, Ewa Kozicz, Artem Mariychin, Michelle Barone, and Jordan Jaffe.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Gareth T. Joyce departed as Chief Executive Officer and President at Proterra Inc.

Action
replaced
Role
Chief Executive Officer and President
Exact text from the filing
On the Effective Date, the Debtors’ officers, including Mr. Gareth T. Joyce, Chief Executive Officer and President of the Company, and Mr. Justin Derek Pugh, Acting Chief Financial Officer of the Company, were replaced pursuant to the Plan by the Reorganized Debtors’ new officers, each effective as of March 13, 2024.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Artem Mariychin was appointed as Director at Proterra Inc.

Action
appointed
Role
Director
Exact text from the filing
As of the Effective Date, the board of directors of the Company (the “Board”) consists of the following five directors who were appointed: Vusal Najafov, Ewa Kozicz, Artem Mariychin, Michelle Barone, and Jordan Jaffe.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Gareth T. Joyce departed as Director at Proterra Inc.

Action
ceased to be director
Role
Director
Exact text from the filing
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Michelle Barone was appointed as Director at Proterra Inc.

Action
appointed
Role
Director
Exact text from the filing
As of the Effective Date, the board of directors of the Company (the “Board”) consists of the following five directors who were appointed: Vusal Najafov, Ewa Kozicz, Artem Mariychin, Michelle Barone, and Jordan Jaffe.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Mary Louise Krakaeur departed as Director at Proterra Inc.

Action
ceased to be director
Role
Director
Exact text from the filing
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Michael D. Smith departed as Director at Proterra Inc.

Action
ceased to be director
Role
Director
Exact text from the filing
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Jeannine P. Sargent departed as Director at Proterra Inc.

Action
ceased to be director
Role
Director
Exact text from the filing
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Justin Derek Pugh departed as Acting Chief Financial Officer at Proterra Inc.

Action
replaced
Role
Acting Chief Financial Officer
Exact text from the filing
On the Effective Date, the Debtors’ officers, including Mr. Gareth T. Joyce, Chief Executive Officer and President of the Company, and Mr. Justin Derek Pugh, Acting Chief Financial Officer of the Company, were replaced pursuant to the Plan by the Reorganized Debtors’ new officers, each effective as of March 13, 2024.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Ewa Kozicz was appointed as Director at Proterra Inc.

Action
appointed
Role
Director
Exact text from the filing
As of the Effective Date, the board of directors of the Company (the “Board”) consists of the following five directors who were appointed: Vusal Najafov, Ewa Kozicz, Artem Mariychin, Michelle Barone, and Jordan Jaffe.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Roger M. Nielsen departed as Director at Proterra Inc.

Action
ceased to be director
Role
Director
Exact text from the filing
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 0.95

Constance E. Skidmore departed as Director at Proterra Inc.

Action
ceased to be director
Role
Director
Exact text from the filing
Each of the Company’s directors, Jan. R. Hauser, Gareth T. Joyce, Michael D. Smith, Mary Louise Krakaeur, Roger M. Nielsen, Jeannine P. Sargent, Brook F. Porter and Constance E. Skidmore ceased to be directors of the Company on the Effective Date.
View on SEC.gov
Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

Proterra Inc: Company adopted amended and restated bylaws removing provisions for stockholder nomination/business at annual meetings and increasing amendment vote requirement from two-thirds to 80%.

Change
bylaw amendment
Exact text from the filing
Also on the Effective Date, and pursuant to the terms of the Plan, the Company adopted the Amended and Restated Bylaws of the Company (the “Bylaws”).
View on SEC.gov
Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

Proterra Inc: Company filed amended and restated certificate of incorporation changing authorized shares from 510,000,000 to 1,000,000, adding bankruptcy-code voting restriction, indemnification provisions, and renouncement of business opportunities.

Change
charter amendment
Exact text from the filing
On the Effective Date, pursuant to the terms of the Plan, the Company filed the Amended and Restated Certificate of Incorporation of the Company (the “Certificate of Incorporation”) with the office of the Secretary of State of Delaware.
View on SEC.gov
M&A Transactions SEC 8-K Item 2.01/5.01 confidence 0.7

Proterra Inc underwent a change of control (closed 2024-03-13).

Action
change of control
Closing
2024-03-13
Exact text from the filing
On the Effective Date, all of the Second Lien Convertible Notes Claims and equity interests in the Company were cancelled.
View on SEC.gov
Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.9

Proterra Inc terminated Second Amended and Restated Chapter 11 Plan Support Agreement with Anthelion Prodigy Co-Investment LP, Anthelion I Prodigy Holdco LP, Anthelion PRTA Co-Investment LP, and the Official Committee of Unsecured Creditors.

Action
termination
Counterparty
Anthelion Prodigy Co-Investment LP, Anthelion I Prodigy Holdco LP, Anthelion PRTA Co-Investment LP, and the Official Committee of Unsecured Creditors
Exact text from the filing
that certain Second Amended and Restated Chapter 11 Plan Support Agreement entered into among the Debtors, the Official Committee of Unsecured Creditors appointed in the Chapter 11 Cases and Anthelion Prodigy Co-Investment LP, Anthelion I Prodigy Holdco LP, and Anthelion PRTA Co-Investment LP was automatically terminated pursuant to its terms
View on SEC.gov

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Source: SEC EDGAR
accession 0000950142-24-000680
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