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HomeMy WebLinkAboutNC0043320_Owner (Name Change)_20220609 (2) y, NC DEPARTMENT OF ENVIRONMENTAL QUALITY I1 ; : DIVISION OF WATER RESOURCES :.:z ;; 4 WATER QUALITY PERMITTING SECTION NORTH CAROLINA NPDES PERMITTING Environmental Quality PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NC0043320 or NCG5 /_J___/ /_ 1. Facility Name: Burlington Industries, LLC- Richmond Plant II. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: a. Change in ownership of property/company _X_b. Name change only c. Other(please explain): 2. New owner's name (name to be put on permit): Elevate Textiles, Inc. 3. New owner's or signing official's name and title: Ed Cox , Plant Manager (Pe 'wily re_sppnsible for permit) ,., 6),v9 e f (Title) 4. Mailing address:740 Old Cheraw Highway City: Cordova State: NC Zip Code: 28330 Phone: (910)997-5001 E-mail address: ed.cox@elevatetextiles.com III. FACILITY AND DISCHARGE INFORMATION 1. Will the waste stream for the facility remain the same as under the previous name? Yes X No ❑ 2. Will the treatment system and discharge location remain the same? Yes X No 0 "No Responses" If either or both of these questions are answered"No"then more information will be needed to review the request. Please attach documentation to describe and explain the changes to the facility activities, waste stream, treatment process or outfall location. The Division may not be able to process the Permit Name/Ownership Change request and may require that the new owner file a new permit application. D_E :*,�1`� North Carolina Department of Environmental Quality I Division of Water Quality -� 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 ITTl.isq�lfiA tl deri 919.707.9000 NPDES Name and Ownership Change Page 2 of 2 THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) Name change legal document attached 3. Information to document facility, waste stream, treatment system or outfall changes as noted in item III above (if appropriate) NA. No Changes Applicant's Certification: I, Ed Cox , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I understand that Permit Name/Ownership Change can only take place through action taken by the Division of Water Resources and that no actions on my part or the part of my company result in the automatic transfer of permit coverage. Signature: ALe Date: -ZoZ2 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 07/2021 Delaware The First State I, JEFFREY W BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE RESTATED CERTIFICATE OF "INTERNATIONAL TEXTILE GROUP, INC.", CHANGING ITS NAME FROM "INTERNATIONAL TEXTILE GROUP, INC " TO "ELEVATE TEXTILES, INC. ", FILED IN THIS OFFICE ON THE TWENTIETH DAY OF NOVEMBER, A.D 2018, AT 5 : 4 7 O ' CLOCK P.M. Page 1 A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 2367886 8100 SR# 20187748782 You may verify this certificate online at corp.delaware.gov/authver.shtml W. dwIaik Sitiareary of StM. Authentication: 203948729 Date 11-21-18 FOURTH AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF INTERNATIONAL TEXTILE GROUP, INC. The undersigned corporation, organized and existing under and by virtue of the General Corporation Law of the State of Delaware does hereby certify: 1. That Justin Maroldi is the duly elected and acting Assistant Secretary of International Textile Group, Inc., a Delaware corporation (the "Comm?), and the date of filing of the Company's original Certificate of Incorporation under the name Safety Systems International, Inc. was January 12, 1994, 2. That this Fourth Amended and Restated Certificate of Incorporation of the Company set forth below has been duly adopted in accordance with Sections 228, 242 and 245 of the Delaware General Corporation Law. Pursuant to Section 228 of the Delaware General Corporation Law, the stockholders have unanimously approved this Fourth Amended and Restated Certificate of Incorporation. 3. That the Certificate of incorporation of the Company shall be amended and restated to read in its entirety as follows: Section 1. The name of the corporation is "Elevate Textiles, Inc." Section 2. The address of the registered office of the Company in the State of Delaware is 1209 Orange Street, Wilmington, Delaware 19801, County of New Castle. The name of the Company's registered agent at such address is The Corporation Trust Company. Section 3. The purpose of the Company is to engage in any lawful act or activity for which corporations may now or hereafter be organized under the General Corporation Law of the State of Delaware (the "GCL"). Section 4. The total number of shares of stock which the Company shall have authority to issue is one thousand (1,000), consisting of one thousand (1,000) shares of Common Stock, $0.01 par value per share. Section 5. In furtherance and not in limitation of the powers conferred by statute, the board of directors is expressly authorized to adopt, amend or repeal in any respect the bylaws, and to confer in the bylaws powers and authorities upon the directors in addition to the powers and authorities expressly conferred upon them by statute. Section 6. No director shall be personally liable to the Company or its stockholders for monetary damages for breach of fiduciary duty as a director, except for liability (I) for any breach of such director's duty of loyalty to the Company or its stockholders, (ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, (ili) under Section 174 of the GCL, as the same exists or hereafter may be amended, or (iv) for any transaction for which such director derived an improper personal benefit. If the GCL hereafter is amended to authorize the further elimination or limitation of the liability of directors, then the liability of a director, in addition to the limitation on personal liability provided herein, shall be limited to the fullest extent permitted by the GCL as so amended. No amendment to or repeal of this Section State of Delaware Secretary of State Division of Corporations Delivered 05:47 PM 11/20/2018 FILED 05:47 PM 11/20/2018 SR 20187748782 - File Number 2367886 v2015.10 6 shall apply to or have any effect on the liability or alleged liability of any director for or with respect to any acts or omissions of such director occurring prior to such amendment or repeal. Section 7. The Company shall indemnify, defend and hold harmless each director to the fullest extent permitted by the GCL and other applicable law, in each case, as amended from time to time, except to the extent involving (i) a breach of such director's duty of loyalty to the Company or its stockholders, (il) acts or omissions where such director did not act in good faith and in a manner that such director reasonably believed to be in, or not opposed to, the best interests of the Company and, with respect to any criminal action or proceeding, had no reasonable cause to believe such director's conduct was unlawful, (iii) a willful or negligent violation of Section 160 or Section 173 of the GCL, as the same exists or hereafter may be amended, or (iv) a transaction for which such director derived an Improper personal benefit. No amendment to or repeal of this Section 7 shall apply to or have any effect on the indemnification rights of any director for or with respect to any acts or omissions of such director occurring prior to such amendment or repeal. IN WITNESS WHEREOF, the Company has caused this Fourth Amended and Restated Certificate of Incorporation to be signed this 20th day of November, 2018. Justin . roldi Assis - nt Secretary PAGE 1of1 Service Request# 20186211225 8200111 INTERNATIONAL TEXTILE GROUP, INC. 804 GREEN VALLEY ROAD SUITE 300 GREENSBORO, NC 27408 ATTN: ECORP tate of tinware SECRETARY OR STATE DIVISION OF CORPORATIONS P,O. BOX 198 DOVER. DELAWARE 10903 08-16-2018 DESCRIPTION AMOUNT 7019513 - ELEVATE TEXTILES, INC. -12/14/2018 0100C Name Reserve; Charge 7019514 - ELEVATE TEXTILE SOLUTIONS, INC. -12/14/2018 0100C Name Reserve; Charge Name Reservation Fee Name Reservation Fee TOTAL CHARGES TOTAL PAYMENTS $75.00 $75.00 $150.00 $150.00 BALANCE $0.00