S. Employer Identification No Sample Clauses

S. Employer Identification No. Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting company or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company,” and “emerging growth company” in Rule 12b-2 of the Exchange Act: Large accelerated filer ☐ Accelerated filer ☒ Non-accelerated filer ☐ Smaller reporting company ☒ 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 7(a)(2)(B) of the Securities Act . ☐ EXPLANATORY NOTE Express, Inc. (the “Registrant”) is filing this Registration Statement (the “Registration Statement”) with the Securities and Exchange Commission (the “Commission”) to register 300,000 shares of the Registrant’s common stock, par value $0.01 per share (“Common Stock”), eligible for issuance upon the vesting and settlement of an inducement grant consisting of performance-based restricted stock units. The performance-based restricted stock units will be granted to Xx. Xxxxxxx Xxxxxxxxxxx outside of the Express, Inc. Second Amended and Restated 2018 Incentive Compensation Plan and were approved by the Registrant’s Board of Directors as a material inducement to his acceptance of employment with the Registrant as Chief Executive Officer in compliance with and in reliance on Rule 303A.08 of the New York Stock Exchange Listed Company Manual, which exempts “employment inducement grants” from the general requirement of the New York Stock Exchange that equity-based compensation plans and arrangements be approved by a listed company’s stockholders.