0000950170-24-010459.txt : 20240202 0000950170-24-010459.hdr.sgml : 20240202 20240202160048 ACCESSION NUMBER: 0000950170-24-010459 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20240131 FILED AS OF DATE: 20240202 DATE AS OF CHANGE: 20240202 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Gil Benavides Jesus Salvador CENTRAL INDEX KEY: 0001828994 ORGANIZATION NAME: FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-51237 FILM NUMBER: 24591209 MAIL ADDRESS: STREET 1: 125 S. WACKER DRIVE, SUITE 1500 STREET 2: C/O FREIGHTCAR AMERICA, INC. CITY: CHICAGO STATE: IL ZIP: 60606 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: FreightCar America, Inc. CENTRAL INDEX KEY: 0001320854 STANDARD INDUSTRIAL CLASSIFICATION: RAILROAD EQUIPMENT [3743] ORGANIZATION NAME: 04 Manufacturing IRS NUMBER: 000000000 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 125 SOUTH WACKER DRIVE STREET 2: SUITE 1500 CITY: CHICAGO STATE: IL ZIP: 60606 BUSINESS PHONE: (800) 458-2235 MAIL ADDRESS: STREET 1: 125 SOUTH WACKER DRIVE STREET 2: SUITE 1500 CITY: CHICAGO STATE: IL ZIP: 60606 FORMER COMPANY: FORMER CONFORMED NAME: FCA Acquisition Corp. DATE OF NAME CHANGE: 20050316 4 1 ownership.xml 4 X0508 4 2024-01-31 0001320854 FreightCar America, Inc. RAIL 0001828994 Gil Benavides Jesus Salvador 125 SOUTH WACKER DRIVE SUITE 1500 CHICAGO IL 60606 true false false false false Common Stock 2024-01-31 4 D false 106789 0.00 D 28772 D Common Stock 640603 I See footnote Common Stock 316013 I See footnote Employee Stock Option 2.73 2024-01-31 4 D false 59638 0.00 D 2024-01-31 Common Stock 59638 0 D Employee Stock Option 3.22 2024-01-31 4 D false 33045 0.00 D 2024-04-30 Common Stock 33045 17022 D Employee Stock Option 3.82 2024-01-31 4 D false 14141 0.00 D 2024-04-30 Common Stock 14141 28709 D Employee Stock Option 3.81 2024-04-30 Common Stock 12608 12608 D Employee Stock Option 2.38 2024-04-30 Common Stock 300000 300000 D Forfeiture of unvested restricted shares pursuant to Rule 16b-3(e) upon recipient's voluntary resignation and termination of employment status effective January 31, 2024. Forfeiture of restricted shares was contemplated in the terms of the awards when the awards were approved. The restricted shares were granted pursuant to the Issuer's 2022 Long Term Incentive Plan and no consideration was paid by the recipient for the restricted shares upon grant or forfeiture. Represents 640,603 shares owned by Fabricaciones y Servicios de Mexico, S.A. de C.V., a corporation in which Jesus Salvador Gil Benavides owns 33% of the equity interests, and therefore is deemed to have voting and dispositive power over 33% of the shares held by such entity. Fabricaciones y Servicios de Mexico, S.A. de C.V., which is owned by Jesus Salvador Gil Benavides, Alejandro Gil and Salvador Gil, owns a total of 1,941,221 shares of common stock of the Company. Represents 316,013 shares owned by Agben de Mexico, S.A. de C.V., a corporation in which Jesus Salavdor Gil Benavides owns 99% of the equity interests, and therefore is deemed to have voting and dispositive power over the securities held by such entity. Forfeiture of unvested options pursuant to Rule 16b-3(e) upon recipient's voluntary resignation and termination of employment status effective January 31, 2024. Forfeiture of options was contemplated in the terms of the awards when the awards were approved. On January 4, 2024 the recipient was granted 59,638 options. The recipient's employment status was terminated and the options forfeited in full. Forfeiture of the options was contemplated under the terms of the award when the award was approved. The options were granted pursuant to the Issuer's 2022 Long Term Incentive Plan, for which no consideration was paid by the recipient upon grant or forfeiture. On January 6, 2023, the recipient was granted 50,067 options. 33,045 options forfeited on January 31, 2024 when the recipient's employment status was terminated. Forfeiture of the options was contemplated under the terms of the award when the award was approved. 17,022 options are fully vested and exercisable until April 30, 2024, at which point the options will be forfeited if not exercised. On January 17, 2022, the recipient was granted 42,850 options. 14,141 options forfeited on January 31, 2024 when the recipient's employment status was terminated. Forfeiture of the options was contemplated under the terms of the award when the award was approved. 28,709 options are fully vested and exercisable until April 30, 2024, at which point the options will be forfeited if not exercised. On January 28, 2021, the recipient was granted 12,608 options which are fully vested and exercisable. The recipient's employment status was terminated on January 31, 2024. As such, the options remain fully vested and exercisable until April 30, 2024, at which point the options will be forfeited if not exercised. On January 5, 2021, the recipient was granted 300,000 cash settled stock appreciation rights which are fully vested and exercisable. The recipient's employment status was terminated on January 31, 2024. As such, the options remain fully vested and exercisable until April 30, 2024, at which point the options will be forfeited if not exercised. /s/ Celia Perez, as attorney in fact 2024-02-02