EXCHANGE AGREEMENTExchange Agreement • May 24th, 2024 • Fleming Ned N. IV • Heavy construction other than bldg const - contractors
This Exchange Agreement (this “Agreement”) is made and entered into as of May 22, 2024, by and among Construction Partners, Inc., a Delaware corporation (the “Company”), Ned N. Fleming, III (“Ned Fleming”), Fred J. (Jule) Smith, III (“Jule Smith”), the Michael H. McKay Trust dated April 1, 2008, of which Michael H. McKay is a trustee and beneficiary (the “McKay Trust”), SunTx Capital Partners II, L.P., a limited partnership controlled by Ned Fleming (“SunTx Partners II”), SunTx Capital Partners II Dutch Investors, L.P., a limited partnership controlled by Ned Fleming (“SunTx Partners Dutch LP”), the Fleming Family Management Trust, of which Lane Fleming is a trustee and beneficiary (the “Fleming Family Trust”), N. Nelson Fleming, IV (“Nelson Fleming”), and Grace Ltd., a limited partnership controlled by Charles E. Owens (“Grace Ltd.,” and collectively with Ned Fleming, Jule Smith, the McKay Trust, SunTx Partners II, SunTx Partners Dutch LP, the Fleming Family Trust and Nelson Fleming,
