Blue Bird Corp (Form: 8-K, Received: 06/08/2022 12:47:52)

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SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of Earliest Event Reported): June 6, 2022

BLUE BIRD CORPORATION

(Exact name of registrant as specified in its charter)

Delaware

001-36267

46-3891989

(State or Other Jurisdiction of
Incorporation)

(Commission File Number)

(IRS Employer
Identification No.)

Macon, Georgia 31210

(Address of principal executive offices and zip code)

(Registrant's telephone number including area code)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:


☐			Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
☐			Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
☐			Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
☐			Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of each class

Trading Symbol(s)

Name of each exchange on which registered

Common stock, $0.0001 par value

BLBD

NASDAQ Global Market

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. ☐

Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

(e) On June 6, 2022, Blue Bird Corporation ("the Company") amended the consulting agreement dated June 21, 2021, between the Company and Philip Horlock, to suspend services and payments for six months effective June 30, 2022, and to re-commence the services and payments beginning January 1, 2023 through June 30, 2023.

Item 9.01 Financial Statement and Exhibits.

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.


BLUE BIRD CORPORATION

By:						/s/ Ted Scartz
Name:						Ted Scartz
Title:						Senior Vice President and General Counsel

FIRST AMENDMENT TO CONSULTING AGREEMENT

This FIRST AMENDMENT TO CONSULTING AGREEMENT (“First Amendment”) dated June 6, 2022 (“Amendment Date”), amends the CONSULTING AGREEMENT (the “Agreement”) entered into by and between Philip Horlock (“Consultant”), and Blue Bird Corporation (“Company”), dated June 21, 2021.

Whereas, the Parties wish to amend the terms of the Agreement to modify the dates that Consultant will provide Consultant’s services and the dates that the Company will provide Compensation for the Consultant’s services, and;

Whereas, the Parties desire all other provisions and terms of the Agreement remain unchanged;

Now, therefore, by mutual agreement of the Parties, Section 2 of the Agreement, Term of Agreement, shall be amended as follows:

2. Term of Agreement. The term of this Agreement will begin on the Engagement date and will continue until June 30, 2022, at which time the Consultant’s Services and the Compensation paid by the Company shall be temporarily suspended until December 31, 2022. Between July 1, 2022 and December 31, 2022 (the “Suspension Period”), Consultant shall not be obligated to provide any of the services to the Company contemplated by the Agreement and the Company shall owe no compensation to the Consultant for any such services, whether or not provided. Following the conclusion of the Suspension Period, commencing on January 1, 2023, the Agreement shall re-commence and shall continue through and until June 30, 2023. The parties may agree in writing to terminate this Agreement earlier, or to extend or modify the term of the Agreement at any time. Notwithstanding the foregoing, the term of this Agreement may be terminated by Consultant at anytime upon fifteen (15) days’ prior written notice to the Company. The period as defined in this section shall be referred to as the “Term.”

All other terms and conditions of the Agreement remain unmodified and unchanged, except wherein a conflict exists with this First Amendment, in which case the terms of this First Amendment shall control.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed as of the Amendment Date written above.


CONSULTANT:
/s/ Philip Horlock
Philip Horlock

COMPANY:
			/s/ Matthew Stevenson
By:			Matthew Stevenson
Title:			Chief Executive Officer