SEC Info - Ebay Inc - ‘10-Q’ for 9/30/19

Ebay Inc – ‘10-Q’ for 9/30/19 – ‘EX-10.02’

On: Thursday, 10/24/19, at 7:08pm ET · For: 9/30/19 · Accession #: 1065088-19-43 · File #: 1-37713 · Correction: This Filing’s Metadata was Corrected ® and Changed as of 10/29/19 by the SEC on 10/30/19.

Document/Exhibit Description Pages Size 1: 10-Q Quarterly Report HTML 1.66M 2: EX-10.01 Material Contract HTML 106K 3: EX-10.02 Material Contract HTML 72K 4: EX-31.01 Certification of Registrant's CEO as Required by HTML 35K Section 302 5: EX-31.02 Certification of Registrant's CFO as Required by HTML 35K Section 302 6: EX-32.01 Certification of Registrant's CEO as Required by HTML 29K Section 906 7: EX-32.02 Certification of Registrant's CFO as Required by HTML 29K Section 906 46: R1 Cover Page HTML 85K 81: R2 Condensed Consolidated Balance Sheet HTML 125K 70: R3 Condensed Consolidated Balance Sheet HTML 37K (Parenthetical) 15: R4 Condensed Consolidated Statement of Income HTML 115K 49: R5 Condensed Consolidated Statement of Comprehensive HTML 58K Income 82: R6 Condensed Consolidated Statement of Stockholders' HTML 108K Equity 73: R7 Condensed Consolidated Statement of Cash Flows HTML 136K 13: R8 The Company and Summary of Significant Accounting HTML 54K Policies 50: R9 Net Income Per Share HTML 82K 57: R10 Business Combinations HTML 43K 87: R11 Goodwill and Intangible Assets HTML 92K 38: R12 Segments HTML 120K 28: R13 Investments HTML 119K 58: R14 Derivative Instruments HTML 149K 88: R15 Fair Value Measurement of Assets and Liabilities HTML 121K 39: R16 Debt HTML 144K 29: R17 Leases HTML 168K 60: R18 Balance Sheet Components HTML 32K 86: R19 Commitments and Contingencies HTML 42K 55: R20 Stockholders? 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Your role as Senior Vice President, General Manager, eBay Markets was effective February 18, 2019. You hereby warrant that you are permitted to work in Singapore by virtue of the fact that you are in possession of a valid employment pass, entry permit, and/or work permit which is valid throughout the period of your employment of the Company. In this role, you assume global responsibilities and oversight of operations of eBay Markets across three major regions: the Americas, Asia Pacific (APAC), and Europe, Middle East, and Africa (EMEA). As such, you are expected to travel to and spend a portion of your time working in the above-mentioned regions, and as such, you hereby agree that you will cooperate with the Company to obtain all valid employment passes, visas, and/or work permits that are required to work in those regions.

You are eligible to participate in the eBay Incentive Plan (eIP) with payouts based on individual achievement as well as eBay Inc.’s (“eBay”) performance. The annual bonus period is from January 1 through December 31. You are eligible for a target bonus of 75% of your base salary; prorated based on the eligible earnings paid while you are employed in an eIP eligible position during the annual bonus period. There is no guarantee any eIP bonus will be paid and any actual bonus will be determined after the end of the annual bonus period based on your eligible earnings as defined in the eIP. The payment of any bonus is at eBay’s sole and absolute discretion, subject to the terms and conditions of the eIP, which include, but are not limited to, you are remaining an active employee of the Company through the date of payment of such bonus. eBay reserves the right, in its sole discretion, to amend, change or cancel the eIP at any time.

You shall perform such duties as may from time to time be assigned to you and shall comply with all reasonable directions made by the Company. During your employment, you shall well and faithfully serve the Company and use your utmost endeavors to promote its interests, and devote the whole of your time, attention and abilities to its affairs during the hours in which you are required to perform your duties in accordance with Clause 3 above. You shall not, during the continuation of your employment, engage in any other employment or activity, in the absence of prior written approval from the Company (which may be withheld by the Company at its sole discretion).

Payment of the severance benefit under this Clause 10.2 will be in addition to the payment you received from eBay Asia Pacific Regional Management Services Limited pursuant to the Rules of Retirement Pay for Imwon on or about April 2013. You hereby waive any entitlement to additional payments under the eBay Asia Pacific Regional Management Services limited Rules of Retirement Pay for Imwon. Together these payments shall constitute your full entitlement of separation and retirement pay. For the avoidance of doubt, the severance benefit under this Clause 10.2 will be considered your full entitlement to the severance benefits and shall be construed to be inclusive of any amounts owed under applicable law in connection with your termination of employment, including, but not limited to, the Company’s contributions to the Central Provident Fund (if applicable). If you are provided a severance benefit as described in this Clause 10.2, you are not entitled to the severance benefits described in Clause 10.3.

10.4 Return of Company Property: Upon ceasing to be employed by the Company, you will return to the Company all Company documents (and all copies thereof) and other Company property and materials in your possession, or your control, including, but not limited to, Company files, laptop, mobile phone, tablet, other electronic equipment, notes, memoranda, correspondence, lists, drawings, records, plans and forecasts, financial information, personnel information, customer and customer prospect information, sales and marketing information, product development and pricing information, specifications, computer-recorded information, tangible property, credit cards, entry cards, identification badges and keys; and any materials of any kind which contain or embody any proprietary or confidential material of the Company (and all reproductions thereof).

You shall not during the continuance of your employment or any time after its termination disclose, divulge, impart or reveal to any person or company any of the trade secrets or confidential operations, processes, dealings or any information concerning the organization, business, finance, transactions or affairs of the Company or any of its related, associated or affiliated companies which may come to your knowledge during your employment, and shall not use or attempt to use any such information in any manner which may injure or cause loss either directly or indirectly to the Company or its business. Nothing in this Agreement limits your rights under federal law to (i) report possible violations of law or regulation to, or file a charge or complaint with any federal, state or local governmental agency or commission (“Government Agencies”), (ii) communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company, (iii) disclose in confidence trade secrets to federal, state, and local government officials, or to an attorney,

During your employment with the Company, you shall observe and comply with all the rules, regulations and policies of the Company and eBay as may from time to time be made or given, including but not limited to the Code of Conduct, Insider Trading Policy, and the Employee Proprietary Information and Inventions Agreement attached hereto. The Company shall have the right to alter and amend the rules and policies of the Company as well as any of the terms of employment, and such alteration or amendment shall become fully effective and a binding term of your employment upon notification to you.

This Agreement supersedes any prior agreements, representations and promises of any kind, whether written, oral, express or implied between the parties hereto with respect to the subject matters herein. Except for those Company agreements and policies explicitly incorporated by reference, this Agreement constitutes the full, complete and exclusive agreement between you and the Company, its officers, employees and its affiliates with respect to the subject matters herein.

This Agreement is intended to comply with the requirements of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and shall be interpreted and construed consistently with such intent. In the event the terms of this Agreement would subject you to taxes or penalties under Section 409A of the Code (“409A Penalties”), you and the Company shall cooperate diligently to amend the terms of this Agreement to avoid such 409A Penalties, to the extent possible; provided that in no event shall the Company be responsible for any 409A Penalties that arise in connection with any amounts payable under this Agreement. To the extent any amounts under this Agreement are payable by reference to your “termination of employment,” such term shall be deemed to refer to your “separation from service,” within the meaning of Section 409A of the Code. If the 30-day period described in Section 10.2 begins in one calendar year and ends in a subsequent calendar year, any payment made pursuant to Section 10.2 shall be made only in the subsequent calendar year. Notwithstanding any other provision in this Agreement, if you are a “specified employee,” as defined in Section 409A of the Code, as of the date of your separation from service, then to the extent any amount payable to you (i) constitutes the payment of nonqualified deferred compensation, within the meaning of Section 409A of the Code, (ii) is payable upon your separation from service and (iii) under the terms of this Agreement would be payable prior to the six-month anniversary of your separation from service, such payment shall be delayed until the earlier to occur of (a) the first business day following the six-month anniversary of the separation from service and (b) the date of your death. Any reimbursement or advancement payable to you pursuant to this Agreement or otherwise shall be conditioned on your submission of all expense reports reasonably required by the Company under any applicable expense reimbursement policy, and shall be paid to you as soon as practicable after the Company’s receipt of such expense reports, but in no event later than the last day of the calendar year following the calendar year in which you incurred the reimbursable

This ‘10-Q’ Filing

Date

Other Filings

3/31/20

10-Q

1/1/20

Corrected on:

10/30/19

Changed on:

10/29/19

Filed on:

10/24/19

For Period end:

9/30/19

6/25/19

4/1/19

2/18/19

1/1/16

1/1/13

12/31/12

10-K

List all Filings

As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 2/04/21 eBay Inc. 10-K 12/31/20 134:17M



Alibaba	Ticketmonster	Coupang	Wemakeprice
Amazon	SK Planet	Google	Facebook
Zalando	Asos	Etsy	Walmart

Ebay Inc – ‘10-Q’ for 9/30/19 – ‘EX-10.02’

On: Thursday, 10/24/19, at 7:08pm ET · For: 9/30/19 · Accession #: 1065088-19-43 · File #: 1-37713 · Correction: This Filing’s Metadata was Corrected `®` and Changed as of 10/29/19 by the SEC on 10/30/19.

Previous ‘10-Q’: ‘10-Q’ on 7/18/19 for 6/30/19 · Next: ‘10-Q’ on 4/30/20 for 3/31/20 · Latest: ‘10-Q’ on 11/8/23 for 9/30/23 · 1 Reference: By: eBay Inc. – ‘10-K’ on 2/4/21 for 12/31/20

Quarterly Report — Form 10-Q — Sect. 13 / 15(d) – SEA’34
Filing Table of Contents

‘EX-10.02’ — Material Contract

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

Dates Referenced Herein and Documents Incorporated by Reference

1 Subsequent Filing that References this Filing


2.1	Amount: Effective April 1, 2019, your annual salary was adjusted to S$950,000.04 (SGD), or S$79,166.67 (SGD) per month, payable monthly in arrears (or such other amounts as may from time to time be agreed in writing) over 12 months.


2.4	Taxes: Except as expressly provided for in this agreement and the Global Tax Equalization Policy, all income tax liabilities and other charges incurred by you in respect of your remuneration shall be borne solely by you.


4.1	Amount of Days: You shall be entitled to 25 days annual paid leave (in addition to the statutory holidays), to be taken at a time or times convenient to, and as may be approved by, the Company. Your annual leave shall be pro-rated in proportion to the number of completed months of service in each calendar year.


4.2	Company’s Discretion to Carry Forward: If such paid leave is not taken within the relevant year of service, the Company may, at its absolute discretion, allow the paid leave not taken to be accumulated and carried forward to the following year of service, or pay you additional salary for the number of days of paid leave not taken.


(a)	If you are dishonest or engaged in serious or persistent misconduct or, without reasonable cause, neglect or refuse to attend to your duties or fail to perform any of your obligations hereunder, or fail to observe the Company’s disciplinary rules or any other regulations of the Company from time to time in force;


(b)	If you are incapacitated by illness or otherwise unable to perform your duties hereunder for a period totaling in aggregate 6 months in any period of 12 consecutive calendar months; or


(c)	If you become bankrupt or have a receiving order made against you or make any general composition with your creditors.


11.1	Period: You agree that during the period of your employment by the Company, and for a period of twelve (12) months after the termination of such employment, in the countries in which eBay does business at the time of your separation, without the Company’s prior written consent, you shall not:


(a)	Be directly or indirectly engaged, concerned or interested in any capacity, whether as director, principal, agent, partner, consultant, employee or otherwise in any other business which is wholly or partly in competition with the business carried on by the Company or eBay;


(b)	Accept employment in any capacity with any business concern which is wholly or partly in competition with the business carried out by the Company or eBay; or


1.	Appointment


2.	Salary


2.2	Deductions from Salary:


3.	Hours of Work


(c)	Provide advice to any business concern which is wholly or partly in competition with the business carried on by the Company or eBay.


11.2	Competitors: Subject to the provisions of Clause 11.3 below, the Non-Competition clause set out in Clause 11.1 above is currently limited to the retail, ecommerce or payment divisions, as applicable, of the following companies, including their majority-owned subsidiaries:


12.	Employee Proprietary Information and Inventions Agreement

Ebay Inc – ‘10-Q’ for 9/30/19 – ‘EX-10.02’

On: Thursday, 10/24/19, at 7:08pm ET · For: 9/30/19 · Accession #: 1065088-19-43 · File #: 1-37713 · Correction: This Filing’s Metadata was Corrected ® and Changed as of 10/29/19 by the SEC on 10/30/19.

Previous ‘10-Q’: ‘10-Q’ on 7/18/19 for 6/30/19 · Next: ‘10-Q’ on 4/30/20 for 3/31/20 · Latest: ‘10-Q’ on 11/8/23 for 9/30/23 · 1 Reference: By: eBay Inc. – ‘10-K’ on 2/4/21 for 12/31/20

Quarterly Report — Form 10-Q — Sect. 13 / 15(d) – SEA’34Filing Table of Contents

‘EX-10.02’ — Material Contract

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

Dates Referenced Herein and Documents Incorporated by Reference

1 Subsequent Filing that References this Filing

On: Thursday, 10/24/19, at 7:08pm ET · For: 9/30/19 · Accession #: 1065088-19-43 · File #: 1-37713 · Correction: This Filing’s Metadata was Corrected `®` and Changed as of 10/29/19 by the SEC on 10/30/19.

Quarterly Report — Form 10-Q — Sect. 13 / 15(d) – SEA’34
Filing Table of Contents