SEC FORM
4
SEC Form 4
| FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
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| OMB Number: |
3235-0287 |
| Estimated average burden |
| hours per response: |
0.5 |
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue.
See
Instruction 1(b). |
1. Name and Address of Reporting Person*
| 55 WAUGH DRIVE |
| SUITE 1000 |
(Street)
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2. Issuer Name and Ticker or Trading Symbol
KIRBY CORP
[ KEX ]
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5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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Director |
|
10% Owner |
| X |
Officer (give title below) |
|
Other (specify below) |
| President-Kirby Inland Marine |
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3. Date of Earliest Transaction
(Month/Day/Year)
01/05/2023
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4. If Amendment, Date of Original Filed
(Month/Day/Year)
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6. Individual or Joint/Group Filing (Check Applicable Line)
| X |
Form filed by One Reporting Person |
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Form filed by More than One Reporting Person |
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| Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned |
|---|
| 1. Title of Security (Instr.
3)
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2. Transaction Date
(Month/Day/Year) |
2A. Deemed Execution Date, if any
(Month/Day/Year) |
3. Transaction Code (Instr.
8)
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4. Securities Acquired (A) or Disposed Of (D) (Instr.
3, 4 and 5)
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5.
Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr.
3 and 4)
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6. Ownership Form: Direct (D) or Indirect (I) (Instr.
4)
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7. Nature of Indirect Beneficial Ownership (Instr.
4)
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| Code |
V |
Amount |
(A) or (D) |
Price |
| Common Stock, par value $0.10 per share |
01/05/2023 |
|
M |
|
9,075 |
A |
$51.23
|
27,109 |
D |
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| Common Stock, par value $0.10 per share |
01/05/2023 |
|
F |
|
8,184 |
D |
$61.85
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18,925 |
D |
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| Common Stock, par value $0.10 per share |
|
|
|
|
|
|
|
5,372 |
I |
401(k) |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
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|---|
| 1. Title of Derivative Security (Instr.
3)
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2. Conversion or Exercise Price of Derivative Security
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3. Transaction Date
(Month/Day/Year) |
3A. Deemed Execution Date, if any
(Month/Day/Year) |
4. Transaction Code (Instr.
8)
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5.
Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr.
3, 4 and 5)
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6. Date Exercisable and Expiration Date
(Month/Day/Year) |
7. Title and Amount of Securities Underlying Derivative Security (Instr.
3 and 4)
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8. Price of Derivative Security (Instr.
5)
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9.
Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr.
4)
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10. Ownership Form: Direct (D) or Indirect (I) (Instr.
4)
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11. Nature of Indirect Beneficial Ownership (Instr.
4)
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| Code |
V |
(A) |
(D) |
Date Exercisable |
Expiration Date |
Title |
Amount or Number of Shares |
| Employee Stock Options (Right to Buy) |
$51.23
|
01/05/2023 |
|
M |
|
|
9,075 |
02/01/2019 |
02/01/2023 |
Common Stock |
9,075 |
$0.00
|
0 |
D |
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| Explanation of Responses: |
| Remarks: |
|
|
Ronald A. Dragg, Agent and Attorney-in-Fact |
01/09/2023 |
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** Signature of Reporting Person |
Date |
| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. |
| * If the form is filed by more than one reporting person,
see
Instruction
4
(b)(v). |
| ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations
See
18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
| Note: File three copies of this Form, one of which must be manually signed. If space is insufficient,
see
Instruction 6 for procedure. |
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |
POWER OF ATTORNEY
The undersigned hereby constitutes and appoints each of David W.
Grzebinski, Raj Kumar and Ronald A. Dragg, each with the authority to act alone,
as the undersigned's true and lawful attorney-in-fact to:
1. execute on behalf of the undersigned in the undersigned's capacity
as an officer and/or director of Kirby Corporation (the "Company"),
Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities
Exchange Act of 1934 and the rules thereunder;
2. take any and all actions 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 to such form and timely file
such form with the United States Securities and Exchange Commission
and any stock exchange or similar authority; and
3. take any other action of any kind 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,
with the documents executed by such attorney-in-fact on behalf of
the undersigned pursuant to this Power of Attorney to be in such
form and contain such terms and conditions as such attorney-in-fact
may approve in his or her discretion.
The undersigned grants to each such attorney-in-fact full power and
authority to take such actions as may be necessary or proper in the exercise of
the authority herein granted, as fully as the undersigned could if acting
personally, 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 pursuant to this Power of
Attorney. The undersigned acknowledges that the foregoing attorneys-in-fact, 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 Securities Exchange Act of 1934.
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
attorneys-in-fact. The undersigned hereby revokes any previous powers of
attorney granted by the undersigned relating to the same subject matter as this
Power of Attorney.
DATED October 6, 2022
/s/ Christian G. O'Neil
---------------------------------------
Signature
Christian G. O'Neil
