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American Public Education Inc. – ‘10-Q’ for 9/30/20 – ‘EX-10.1’

On:  Monday, 11/9/20, at 4:06pm ET   ·   For:  9/30/20   ·   Accession #:  1201792-20-16   ·   File #:  1-33810

Previous ‘10-Q’:  ‘10-Q’ on 8/10/20 for 6/30/20   ·   Next:  ‘10-Q’ on 5/10/21 for 3/31/21   ·   Latest:  ‘10-Q’ on 5/7/24 for 3/31/24   ·   10 References:   

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  As Of               Filer                 Filing    For·On·As Docs:Size

11/09/20  American Public Education Inc.    10-Q        9/30/20   53:5M

Quarterly Report   —   Form 10-Q
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-Q        Quarterly Report                                    HTML    620K 
 2: EX-10.1     Material Contract                                   HTML     24K 
 3: EX-10.2     Material Contract                                   HTML    111K 
 4: EX-31.1     Certification -- §302 - SOA'02                      HTML     20K 
 5: EX-31.2     Certification -- §302 - SOA'02                      HTML     20K 
 6: EX-32.1     Certification -- §906 - SOA'02                      HTML     18K 
13: R1          Cover Page                                          HTML     68K 
14: R2          Consolidated Balance Sheets                         HTML     97K 
15: R3          Consolidated Balance Sheets (Parenthetical)         HTML     37K 
16: R4          Consolidated Statements of Income                   HTML     85K 
17: R5          Consolidated Statements of Stockholders' Equity     HTML     57K 
                (Unaudited)                                                      
18: R6          Consolidated Statements of Cash Flows               HTML     91K 
19: R7          Nature of the Business                              HTML     23K 
20: R8          Summary of Significant Accounting Policies          HTML     51K 
21: R9          Revenue                                             HTML     80K 
22: R10         Leases                                              HTML     32K 
23: R11         Net Income Per Common Share                         HTML     37K 
24: R12         Segment Information                                 HTML     84K 
25: R13         Commitments and Contingencies                       HTML     19K 
26: R14         Concentration                                       HTML     33K 
27: R15         Subsequent Events                                   HTML     20K 
28: R16         Summary of Significant Accounting Policies          HTML     74K 
                (Policies)                                                       
29: R17         Summary of Significant Accounting Policies          HTML     31K 
                (Tables)                                                         
30: R18         Revenue (Tables)                                    HTML     72K 
31: R19         Leases (Tables)                                     HTML     31K 
32: R20         Net Income Per Common Share (Tables)                HTML     38K 
33: R21         Segment Information (Tables)                        HTML     79K 
34: R22         Concentration (Tables)                              HTML     37K 
35: R23         Nature of the Business (Details)                    HTML     26K 
36: R24         Summary of Significant Accounting Policies -        HTML     59K 
                Additional Information (Details)                                 
37: R25         Summary of Significant Accounting Policies -        HTML     26K 
                Stock-Based Compensation Expense (Details)                       
38: R26         Revenue - Disaggregation of Revenue (Details)       HTML     54K 
39: R27         Revenue - Additional Information (Details)          HTML     30K 
40: R28         Leases - Narrative (Details)                        HTML     26K 
41: R29         Leases - Maturities of Operating Lease Liabilities  HTML     41K 
                (Details)                                                        
42: R30         Leases - Other Information (Details)                HTML     20K 
43: R31         Net Income Per Common Share - Schedule of Earnings  HTML     24K 
                Per Share (Details)                                              
44: R32         Net Income Per Common Share - Antidilutive          HTML     24K 
                Securities (Details)                                             
45: R33         Segment Information - Narrative (Details)           HTML     17K 
46: R34         Segment Information - Summary of Financial          HTML     62K 
                Information (Details)                                            
47: R35         Segment Information - Summary of Consolidated       HTML     24K 
                Assets (Details)                                                 
48: R36         Concentration (Details)                             HTML     39K 
49: R37         Subsequent Events (Details)                         HTML     46K 
51: XML         IDEA XML File -- Filing Summary                      XML     86K 
12: XML         XBRL Instance -- apei-20200930_htm                   XML   1.31M 
50: EXCEL       IDEA Workbook of Financial Reports                  XLSX     57K 
 8: EX-101.CAL  XBRL Calculations -- apei-20200930_cal               XML    143K 
 9: EX-101.DEF  XBRL Definitions -- apei-20200930_def                XML    299K 
10: EX-101.LAB  XBRL Labels -- apei-20200930_lab                     XML    889K 
11: EX-101.PRE  XBRL Presentations -- apei-20200930_pre              XML    524K 
 7: EX-101.SCH  XBRL Schema -- apei-20200930                         XSD     84K 
52: JSON        XBRL Instance as JSON Data -- MetaLinks              227±   322K 
53: ZIP         XBRL Zipped Folder -- 0001201792-20-000016-xbrl      Zip    236K 


‘EX-10.1’   —   Material Contract


This Exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



 <!   C:   C: 
  Document  
Exhibit 10.1
Amendment to
American Public Education, Inc.
Executive Employment Agreement

THIS AMENDMENT TO THE EXECUTIVE EMPLOYMENT AGREEMENT (the “Amendment”) is made and entered into effective as of September 23, 2020 (the “Amendment Effective Date”), by and between American Public Education, Inc., a Delaware corporation (the “Company”) and Angela Selden (the “Executive”).

WHEREAS, the Company and Executive entered into that certain Executive Employment Agreement (the “Agreement”) dated as of August 21, 2019, to be effective as of September 23, 2019, and

WHEREAS, the Company and the Executive desire to amend Section 7 of the Agreement in the manner reflected herein,
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the parties hereto agree as follows, effective as of the Amendment Effective Date:

1.    Relocation. Section 7 of the Agreement is hereby deleted and replaced in its entirety with the following (with all capitalized terms having the meaning originally ascribed thereto in the Agreement):

“7. Relocation Expenses/Initial Hire. In calendar year 2021, the Company shall reimburse the Executive up to $75,000 in incurred expenses for Executive’s relocation to the vicinity of the Company’s headquarters, which expenses are limited to eligible expenses set forth in the Company’s relocation policy (which includes reasonable and customary meals during house hunting trips), subject to such exceptions as may be approved by the Compensation Committee, and are otherwise subject to the terms and conditions of such policy. In addition, all such reimbursed expenses must be repaid by the Executive to the Company on demand if within two (2) years of the Effective Date, the Executive’s employment terminates unless such termination was by the Company without Cause, by Executive for Good Reason or on account of death or Disability. In addition, for a period of not longer than two (2) years after the Effective Date, (i) to facilitate Executive’s presence and duties at Company locations, the Company shall reimburse the Executive for temporary lodging expenses in connection with the Executive’s work at Company locations, which amount may not exceed $8,000 per month, and (ii) the Company will reimburse the Executive the costs for round trip travel in economy class one time per week from the work location that the Executive was working in that week to the Executive’s current residence in Florida. The Executive acknowledges that the foregoing reimbursements will constitute taxable income.”

2.    Counterparts. This Amendment may be executed in one or more facsimile, electronic or original counterparts, each of which shall be deemed an original and both of which together shall constitute the same instrument.

3.    Ratification. All terms and provisions of the Agreement not amended hereby, either expressly or by necessary implication, shall remain in full force and effect. From and after the date of this Amendment, all references to the term “Agreement” in this Amendment or the original Agreement shall include the terms contained in this Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Executive Employment Agreement effective as of the Amendment Effective Date.


[Signature page follows]







IN WITNESS WHEREOF, the undersigned have duly executed this Agreement, or have caused this Agreement to be duly executed on their behalf, as of the day and year first hereinabove written.
              
          
AMERICAN PUBLIC UNIVERSITY SYSTEM, INC.
By:/s/ Richard W. Sunderland, Jr.
Name:Richard W. Sunderland, Jr.
Title:Chief Financial Officer


AMERICAN PUBLIC EDUCATION, INC.
By:/s/ Richard W. Sunderland, Jr.
Name:Richard W. Sunderland, Jr.
Title:Chief Financial Officer


THE EXECUTIVE
By:/s/ Angela Selden
Name:Angela Selden
Title:Chief Executive Officer


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-Q’ Filing    Date    Other Filings
Filed on:11/9/208-K
For Period end:9/30/20
9/23/204
9/23/193,  4
8/21/19
 List all Filings 


9 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 3/05/24  American Public Education Inc.    10-K       12/31/23  113:12M
 3/14/23  American Public Education Inc.    10-K       12/31/22  100:13M
 8/08/22  American Public Education Inc.    10-K/A     12/31/21   15:1.4M
 3/02/22  American Public Education Inc.    10-K       12/31/21  103:11M
11/04/21  American Public Education Inc.    8-K:5      10/29/21   10:183K                                   Toppan Merrill/FA
 3/09/21  American Public Education Inc.    10-K       12/31/20   96:11M
 2/26/21  American Public Education Inc.    424B5                  1:956K                                   Broadridge Fin’l So… Inc
 2/24/21  American Public Education Inc.    424B5                  1:951K                                   Broadridge Fin’l So… Inc
 2/11/21  American Public Education Inc.    S-3                    7:888K                                   Broadridge Fin’l So… Inc


1 Previous Filing that this Filing References

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

10/29/20  American Public Education Inc.    8-K:1,2,7,910/28/20   14:3.9M                                   Toppan Merrill/FA
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Filing Submission 0001201792-20-000016   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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