Ferguson Enterprises Inc. (the “Company”) today announces that
it will hold its first annual meeting of stockholders (the “Annual
Meeting”) on December 5, 2024 as the successor registrant of
Ferguson plc, subject to the consummation of the Merger (as defined
below), and announces the appointment of Rekha Agrawal and Richard
(“Rick”) Beckwitt to the Company’s board as non-employee directors
(“NEDs”).
“We are delighted to welcome Rekha and Rick to the Board,” said
Geoff Drabble, Board Chair of Ferguson Enterprises Inc. “They bring
significant operational and leadership experience, creating value
for large publicly listed companies operating in the U.S. Their
industry knowledge and experience will serve the Company and its
shareholders exceptionally well in the future.”
Appointment of Directors
Ms. Agrawal has extensive operational industry experience and
has served as Operating Partner at Morgan Stanley Infrastructure
Partners Inc. since February 2021. Prior to this, she served as
Vice President and General Manager of Fire Suppression Products at
Johnson Controls International plc. between 2017 and 2021, and as
Vice President and General Manager of the Water and Mechanical
Segment at Tyco Fire Protection Products from 2015 to 2017. Ms.
Agrawal has served on the board of directors of Chicago Parking
Meters since April 2021, of SpecialtyCare since January 2022, and
of Crowley Wind Services Holdings since March 2024.
Mr. Beckwitt is a highly talented and seasoned executive with
decades of experience leading, operating, and managing the two
largest homebuilding companies in the United States. Mr. Beckwitt
retired as the Co-Chief Executive Officer and Co-President of
Lennar Corporation (NYSE: LEN) in September 2023, positions he held
since November 2020. He joined Lennar in March 2006 as an Executive
Vice President, became President in April 2011 and was promoted to
Chief Executive Officer in April 2018. He also served on the Lennar
board of directors from April 2018 until September 2023. Mr.
Beckwitt served on the board of directors of D.R. Horton, Inc.
(NYSE: DHI) from 1993 to November 2003. From 1993 to March 2000, he
held various executive officer positions at D.R. Horton, including
President of the company. From March 2000 to April 2003, Mr.
Beckwitt was the owner and principal of EVP Capital, L.P., the
General Partner of D.R. Horton’s Encore Venture Partners, a venture
capital company. From 1986 to 1993, Mr. Beckwitt worked in the
Mergers and Acquisitions and Corporate Finance Departments at
Lehman Brothers. Mr. Beckwitt has served on the board of directors
of Eagle Materials Inc. (NYSE: EXP) since September 2014 and served
on the board of directors of Five Point Holdings, LLC from May 2016
to June 2020.
Ms. Agrawal and Mr. Beckwitt will be compensated in accordance
with Ferguson plc’s compensation program applicable to non-employee
directors, which the Company intends to adopt in connection with
the Merger. In connection with their appointments, Ms. Agrawal and
Mr. Beckwitt will enter into a NED appointment letter and standard
indemnification agreement with the Company. There are no
arrangements or understandings between Ms. Agrawal or Mr. Beckwitt
and any other person pursuant to which either director was elected
as a director. In the ordinary course of its business, Ferguson plc
sells products and solutions to Lennar Corporation and its
subsidiaries.
Each of the appointments is for a term expiring at the Annual
Meeting.
Deadline for Stockholder Proposals Under
Rule 14a-8
Because the Annual Meeting will be the Company’s first annual
meeting of stockholders, the Company is providing the following
deadlines for the submission of stockholder proposals.
As the successor registrant of Ferguson plc, the Company is
adopting Ferguson plc’s deadline of June 19, 2024 for submitting a
stockholder proposal for inclusion in the Company’s proxy materials
for the Annual Meeting pursuant to Rule 14a-8 (the “Rule”) under
the Securities Exchange Act of 1934, as amended (the “Exchange
Act”). For a stockholder proposal to be considered, it must be
received by the Company’s Corporate Secretary at the Company’s
principal executive offices at 751 Lakefront Commons, Newport News,
Virginia 23606, no later than 5:00 p.m. Eastern Time on that date
and comply with all other procedures and requirements set forth in
the Rule.
Deadline for Other Stockholder Proposals
or Nominations
In accordance with the advance notice requirements contained in
the Amended and Restated Bylaws of the Company (the “Bylaws”),
which will become effective immediately prior to the Effective Time
subject to the consummation of the Merger, stockholders who intend
to submit a proposal outside of the Rule, including nominating
candidates for election as directors, at the Annual Meeting must
provide notice of such proposal in writing to the Company’s
Corporate Secretary at the address noted above no earlier than July
31, 2024, and no later than 5:00 p.m. Eastern Time on August 30,
2024. Any such stockholder notice also must comply with the timing,
disclosure, procedural and other requirements set forth in the
Bylaws.
Ferguson Enterprises Inc.
The Company is a Delaware corporation, headquartered in Newport
News, Virginia, that was formed on February 5, 2024. As previously
reported, the Company entered into a merger agreement (the “Merger
Agreement”) with Ferguson (Jersey) 2 Limited (“Merger Sub”) and
Ferguson plc, which was approved by Ferguson plc shareholders at an
extraordinary general meeting held on May 30, 2024. On the terms
and subject to the conditions of the Merger Agreement, the merger
of Merger Sub with and into Ferguson plc, with Ferguson plc
surviving the Merger as a direct, wholly owned subsidiary of the
Company and Merger Sub ceasing to exist (the “Merger”), is expected
to be consummated at 12:01 a.m. Eastern Time on August 1, 2024 (the
“Effective Time”). We expect the Company’s common stock to be
traded under the symbol “FERG” on the NYSE and LSE following the
completion of the Merger.
Cautionary Note Regarding Forward-Looking
Statements
Certain information in this announcement is forward-looking
within the meaning of the Private Securities Litigation Reform Act
of 1995, including statements relating to the process and timetable
for the Merger and future corporate actions of the Company and its
Board. Forward-looking statements cover all matters which are not
historical facts and speak only as of the date on which they are
made. Forward-looking statements can be identified by the use of
forward-looking terminology such as “intend,” “will,” “plan,”
“would,” “believe,” “expect,” “anticipate,” “may” or other
variations or comparable terminology. Many factors could cause
actual results to differ materially from those in such
forward-looking statements, including, but not limited to: the
Merger may be delayed, cancelled, suspended or terminated; the
conditions to the completion of the transaction may not be
satisfied; weakness in the economy, market trends, uncertainty and
other conditions in the markets in which we operate, and other
factors beyond our control, including disruption in the financial
markets and any macroeconomic or other consequences of political
unrest, disputes or war; failure to rapidly identify or effectively
respond to direct and/or end customers’ wants, expectations or
trends, including costs and potential problems associated with new
or upgraded information technology systems or our ability to timely
deploy new omni-channel capabilities; unsuccessful execution of our
operational strategies; changes in, interpretations of, or
compliance with tax laws in the US, the UK, Switzerland or Canada;
adverse impacts caused by a public health crisis; and other risks
and uncertainties set forth under the heading “Risk Factors” in
Amendment No. 2 to Registration Statement on Form S-4 the Company
filed with the SEC on April 16, 2024, and in other filings we make
with the SEC in the future. Forward-looking statements regarding
past trends or activities should not be taken as a representation
that such trends or activities will continue in the future. Other
than in accordance with our legal or regulatory obligations, we
undertake no obligation to publicly update or revise any
forward-looking statement, whether as a result of new information,
future events or otherwise.
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version on businesswire.com: https://www.businesswire.com/news/home/20240603035449/en/
Inquiries: Christine Dwyer Senior Director,
Communications and Public Relations +1 757 469 5813
Christine.dwyer@ferguson.com
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