0000950142-21-000129.txt : 20210114 0000950142-21-000129.hdr.sgml : 20210114 20210114203147 ACCESSION NUMBER: 0000950142-21-000129 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20210114 FILED AS OF DATE: 20210114 DATE AS OF CHANGE: 20210114 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Fitzpatrick Jonathan G. CENTRAL INDEX KEY: 0001832331 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-39898 FILM NUMBER: 21530261 MAIL ADDRESS: STREET 1: 440 S. CHURCH STREET STREET 2: SUITE 700 CITY: CHARLOTTE STATE: NC ZIP: 28202 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Driven Brands Holdings Inc. CENTRAL INDEX KEY: 0001804745 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-AUTOMOTIVE REPAIR, SERVICES & PARKING [7500] IRS NUMBER: 473595252 STATE OF INCORPORATION: DE FISCAL YEAR END: 1226 BUSINESS ADDRESS: STREET 1: 440 S. CHURCH STREET STREET 2: SUITE 700 CITY: CHARLOTTE STATE: NC ZIP: 28202 BUSINESS PHONE: 704-377-8855 MAIL ADDRESS: STREET 1: 440 S. CHURCH STREET STREET 2: SUITE 700 CITY: CHARLOTTE STATE: NC ZIP: 28202 FORMER COMPANY: FORMER CONFORMED NAME: RC Driven Holdings LLC DATE OF NAME CHANGE: 20200226 3 1 es210124762_3-fitzpatrick.xml OWNERSHIP DOCUMENT X0206 3 2021-01-14 0 0001804745 Driven Brands Holdings Inc. DRVN 0001832331 Fitzpatrick Jonathan G. 440 SOUTH CHURCH STREET, SUITE 700 CHARLOTTE NC 28202 1 1 0 0 President & CEO Common Stock 500800 D Common Stock 1689537 D Represents (i) 103,508 shares of restricted stock granted to the reporting person that vest in 4 equal installments (rounded to the nearest integer) on the next upcoming 4 anniversaries of January 1, 2020, (ii) 38,874 shares of restricted stock granted to the reporting person that vest in 5 equal installments (rounded to the nearest integer) on the next upcoming 5 anniversaries of August 3, 2020 and (iii) 1,547,155 shares of restricted stock that will vest upon the achievement by RC Driven Holdco LLC and certain of its affiliates of certain internal rate of return thresholds in respect of their investment in Driven Brand Holdings Inc.'s securities. See Exhibit 24.1- Power of Attorney. /s/ Scott O'Melia, Attorney in Fact 2021-01-14 EX-24.1 2 es210124762_ex2401.htm EXHIBIT 24.1

EXHIBIT 24.1

 

Power of Attorney

Know all by these presents, that the undersigned hereby constitutes and appoints each of the following officers of Driven Brands Holdings Inc. (the “Company”):

(i)Scott O’Melia, and
(ii)Vanessa Higgins

signing singly, the undersigned’s true and lawful attorney-in-fact to:

(1) execute for and on behalf of the undersigned, in the undersigned’s capacity as an officer, director or holder of 10% or more of the registered class of securities of the Company, Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended, and the rules thereunder;

(2) do and perform any and all acts for and on behalf of the undersigned that may be necessary or desirable to complete and execute any such Form 3, 4 or 5, complete and execute any amendment or amendments thereto, and timely file such forms or amendments with the United States Securities and Exchange Commission and any stock exchange or similar authority; and

(3) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact’s discretion.

The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact’s substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned’s responsibilities to comply with Section 16 of the Exchange Act.

This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 and 5 with respect to the undersigned’s holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.

   

 

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 14th day of January 2021.

  By: /s/ Jonathan Fitzpatrick  
    Name: Jonathan Fitzpatrick  

 

 

[Signature Page to Power of Attorney (Forms 3, 4 & 5)]