On November 14, 2022, the Company entered into the Amended Advisory Agreement. The Amended Advisory Agreement became effective upon the listing of shares of the Company’s common stock on the New York Stock Exchange (the “Listing”).
The foregoing description of the Amended Advisory Agreement as set forth in this Item 1.01 is a summary only and is qualified in all respects by the provisions of such agreement, a copy of which is attached hereto as Exhibit 10.1 and is incorporated by reference herein.
| Item 3.03. | Material Modification to Rights of Security Holders. |
Amended and Restated Distribution Reinvestment Plan
As previously announced, on July 14, 2022, the board of directors of the Company, including the independent directors, approved and adopted an amended and restated distribution reinvestment plan (the “A&R DRP”). Effective upon the Listing, the A&R DRP became effective. The A&R DRP is suspended for 181 days following the Listing.
NYSE Listing
On November 14, 2022, the Listing was consummated and shares of the Company’s common stock commenced trading on the New York Stock Exchange with the ticker symbol “FSCO”. A copy of the press release announcing the foregoing is attached hereto as Exhibit 99.1 and incorporated by reference herein.
Cautionary Statement Concerning Forward-Looking Statements
Statements included herein may constitute “forward-looking” statements as that term is defined in Section 27A of the Securities Act, and Section 21E of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, including statements with regard to future events or the future performance or operations of the Company. Words such as “intends,” “will,” “expects,” and “may” or similar expressions are intended to identify forward-looking statements. These forward-looking statements are subject to the inherent uncertainties in predicting future results and conditions. Certain factors could cause actual results to differ materially from those projected in these forward-looking statements. Factors that could cause actual results to differ materially include changes in the economy, geo-political risks, risks associated with possible disruption to the Company’s operations or the economy generally due to hostilities, terrorism, natural disasters or pandemics such as COVID-19, future changes in laws or regulations and conditions in the Company’s operating area, unexpected costs, the price at which the Company’s shares of common stock may trade on the New York Stock Exchange and such other factors that are disclosed in the Company’s filings with the SEC. The inclusion of forward-looking statements should not be regarded as a representation that any plans, estimates or expectations will be achieved. Any forward-looking statements speak only as of the date of this communication. Except as required by federal securities laws, the Company undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. Readers are cautioned not to place undue reliance on any of these forward-looking statements.
