0001807707-23-000099.txt : 20230720 0001807707-23-000099.hdr.sgml : 20230720 20230720171755 ACCESSION NUMBER: 0001807707-23-000099 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20230711 FILED AS OF DATE: 20230720 DATE AS OF CHANGE: 20230720 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Broadbent Gary CENTRAL INDEX KEY: 0001985625 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-39288 FILM NUMBER: 231100543 MAIL ADDRESS: STREET 1: C/O APPHARVEST, INC. STREET 2: 500 APPALACHIAN WAY CITY: MOREHEAD STATE: KY ZIP: 40351 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: AppHarvest, Inc. CENTRAL INDEX KEY: 0001807707 STANDARD INDUSTRIAL CLASSIFICATION: AGRICULTURE PRODUCTION - CROPS [0100] IRS NUMBER: 845042965 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 500 APPALACHIAN WAY CITY: MOREHEAD STATE: KY ZIP: 40351 BUSINESS PHONE: (606) 653-6100 MAIL ADDRESS: STREET 1: 500 APPALACHIAN WAY CITY: MOREHEAD STATE: KY ZIP: 40351 FORMER COMPANY: FORMER CONFORMED NAME: Novus Capital Corp DATE OF NAME CHANGE: 20200325 3 1 wk-form3_1689887867.xml FORM 3 X0206 3 2023-07-11 0 0001807707 AppHarvest, Inc. APPH 0001985625 Broadbent Gary C/O APPHARVEST, INC 500 APPALACHIAN WAY MOREHEAD KY 40351 0 1 0 0 Chief Legal and Restructuring Common Stock 600000 D Represents a restricted stock unit ("RSU") award. The RSUs vest over three years in equal installments on December 1 of each of 2023, 2024, and 2025, subject to the Reporting Person's continuous service with the Issuer as of the applicable vesting date. Exhibit List - Exhibit 24 - Power of Attorney /s/ Loren Eggleton, Attorney-in-Fact 2023-07-20 EX-24 2 powerofattorneyforsection1.htm EX-24 Document
Exhibit 24
POWER OF ATTORNEY

(For Executing Form ID and Forms 3, 4 and 5)

Know all by these presents, that the undersigned hereby constitutes and appoints each of Loren Eggleton and Leyla Wilkerson of AppHarvest, Inc. (the "Company"), Megan Mehalko and Aslam Rawoof of Benesch, Friedlander, Coplan & Aronoff LLP, and Derek Colla, John McKenna, Asheley Walker, Ibe Alozie, Heather Sanborn, Katherine Denby and Jason Minio of Cooley LLP, signing individually, the undersigned's true and lawful attorneys-in fact and agents to:

(1)Prepare, execute in the undersigned's name and on the undersigned's behalf, and submit to the Securities and Exchange Commission (the "SEC"), a Form ID and Forms 3, 4 and 5 (including amendments thereto and joint filing agreements in connection therewith) in accordance with Section 16 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the rules thereunder, in the undersigned's capacity as an officer, director or beneficial owner of more than 10% of a registered class of securities of the Company;

(2)Do and perform any and all acts for and on behalf of the undersigned that may be necessary or desirable to prepare and execute any such Form ID and Forms 3, 4 or 5 (including amendments thereto and joint filing agreements in connection therewith) and file such forms with the SEC and any stock exchange, self-regulatory association or any similar authority; and

(3)Take any other action of any type whatsoever in connection with the foregoing that, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required of the undersigned, it being understood that the documents executed by the 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 the attorney-in-fact may approve in the 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, and their substitutes, in 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 earliest to occur of (a) 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, (b) revocation by the undersigned in a signed writing delivered to the Company and the foregoing attorneys-in fact or (c) as to any attorney-in-fact individually, until such attorney-in-fact is no longer employed by the Company or employed by or a partner at Benesch, Friedlander, Coplan & Aronoff LLP, Cooley LLP or another law firm representing the Company, as applicable.

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of the date written below.



Exhibit 24

Date:    July 17, 2023

/s/ Gary Broadbent
Gary Broadbent