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As Of Filer Filing For·On·As Docs:Size 3/01/18 Sba Communications Corp 10-K 12/31/17 122:19M |
Document/Exhibit Description Pages Size 1: 10-K Annual Report HTML 2.13M 2: EX-10.35H Material Contract HTML 50K 3: EX-10.57E Material Contract HTML 51K 4: EX-10.58E Material Contract HTML 51K 5: EX-10.85D Material Contract HTML 51K 6: EX-21 Subsidiaries List HTML 46K 7: EX-23.1 Consent of Experts or Counsel HTML 38K 8: EX-31.1 Certification -- §302 - SOA'02 HTML 39K 9: EX-31.2 Certification -- §302 - SOA'02 HTML 39K 10: EX-32.1 Certification -- §906 - SOA'02 HTML 33K 11: EX-32.2 Certification -- §906 - SOA'02 HTML 33K 18: R1 Document And Entity Information HTML 62K 19: R2 Consolidated Balance Sheets HTML 116K 20: R3 Consolidated Balance Sheets (Parenthetical) HTML 51K 21: R4 Consolidated Statements Of Operations HTML 104K 22: R5 Consolidated Statements Of Comprehensive Income HTML 44K (Loss) 23: R6 Consolidated Statements Of Shareholders' Deficit HTML 89K 24: R7 Consolidated Statements Of Cash Flows HTML 152K 25: R8 Consolidated Statements Of Cash Flows HTML 37K (Parenthetical) 26: R9 General HTML 40K 27: R10 Summary Of Significant Accounting Policies HTML 180K 28: R11 Fair Value Measurements HTML 87K 29: R12 Restricted Cash HTML 81K 30: R13 Prepaid Expenses And Other Current Assets HTML 54K 31: R14 Acquisitions HTML 85K 32: R15 Intangible Assets, Net HTML 114K 33: R16 Property And Equipment, Net HTML 65K 34: R17 Costs And Estimated Earnings On Uncompleted HTML 80K Contracts 35: R18 Concentration Of Credit Risk HTML 135K 36: R19 Earnings Per Share HTML 79K 37: R20 Debt HTML 427K 38: R21 Shareholders' Equity HTML 57K 39: R22 Stock-Based Compensation HTML 306K 40: R23 Income Taxes HTML 249K 41: R24 Commitments And Contingencies HTML 91K 42: R25 Defined Contribution Plan HTML 37K 43: R26 Segment Data HTML 286K 44: R27 Quarterly Financial Data HTML 131K 45: R28 Schedule III - Schedule of Real Estate and HTML 313K Accumulated Depreciation 46: R29 Summary Of Significant Accounting Policies HTML 248K (Policy) 47: R30 Summary Of Significant Accounting Policies HTML 111K (Tables) 48: R31 Fair Value Measurements (Tables) HTML 73K 49: R32 Restricted Cash (Tables) HTML 75K 50: R33 Prepaid Expenses And Other Current Assets (Tables) HTML 53K 51: R34 Acquisitions (Tables) HTML 79K 52: R35 Intangible Assets, Net (Tables) HTML 114K 53: R36 Property And Equipment, Net (Tables) HTML 63K 54: R37 Costs And Estimated Earnings On Uncompleted HTML 78K Contracts (Tables) 55: R38 Concentration Of Credit Risk (Tables) HTML 135K 56: R39 Earnings Per Share (Tables) HTML 74K 57: R40 Debt (Tables) HTML 331K 58: R41 Stock-Based Compensation (Tables) HTML 298K 59: R42 Income Taxes (Tables) HTML 242K 60: R43 Commitments And Contingencies (Tables) HTML 83K 61: R44 Segment Data (Tables) HTML 284K 62: R45 Quarterly Financial Data (Tables) HTML 124K 63: R46 General (Narrative) (Details) HTML 36K 64: R47 Summary Of Significant Accounting Policies HTML 97K (Narrative) (Details) 65: R48 Summary Of Significant Accounting Policies HTML 46K (Schedule Of Asset Classes And Related Estimated Useful Lives) (Details) 66: R49 Summary Of Significant Accounting Policies HTML 45K (Allowance For Doubtful Accounts) (Details) 67: R50 Summary Of Significant Accounting Policies HTML 48K (Summary Of Asset Retirement Obligation Liability) (Details) 68: R51 Fair Value Measurements (Narrative) (Details) HTML 55K 69: R52 Fair Value Measurements (Summary Of Asset HTML 48K Impairment And Decommission Costs) (Details) 70: R53 Restricted Cash (Narrative) (Details) HTML 38K 71: R54 Restricted Cash (Schedule Of Cash, Cash HTML 58K Equivalents And Restricted Cash) (Details) 72: R55 Prepaid Expenses And Other Current Assets HTML 41K (Schedule Of Prepaid Expense And Other Current Assets) (Details) 73: R56 Acquisitions (Narrative) (Details) HTML 53K 74: R57 Acquisitions (Schedule Of Acquisition Activity) HTML 35K (Details) 75: R58 Acquisitions (Schedule Of Acquisition Capital HTML 46K Expenditures) (Details) 76: R59 Intangible Assets, Net (Narrative) (Details) HTML 38K 77: R60 Intangible Assets, Net (Gross And Net Carrying HTML 46K Amounts For Each Major Class Of Intangible Assets) (Details) 78: R61 Intangible Assets, Net (Estimated Future HTML 45K Amortization Expense) (Details) 79: R62 Property And Equipment, Net (Narrative) (Details) HTML 38K 80: R63 Property And Equipment, Net (Property And HTML 51K Equipment, Net (Including Assets Held Under Capital Leases)) (Details) 81: R64 Costs And Estimated Earnings On Uncompleted HTML 37K Contracts (Narrative) (Details) 82: R65 Costs And Estimated Earnings On Uncompleted HTML 43K Contracts (Summary Of Costs And Estimated Earnings On Uncompleted Contracts) (Details) 83: R66 Costs And Estimated Earnings On Uncompleted HTML 44K Contracts (Costs And Estimated Earnings On Uncompleted Contracts Accompanying Consolidated Balance Sheets) (Details) 84: R67 Concentration Of Credit Risk (Narrative) (Details) HTML 40K 85: R68 Concentration Of Credit Risk (Summary Of HTML 70K Significant Customers And Percentage Of Total Revenue For Specified Time Periods Derived From Such Customers) (Details) 86: R69 Earnings Per Share (Narrative) (Details) HTML 40K 87: R70 Earnings Per Share (Weighted-Average Shares of HTML 61K Common Stock Outstanding Used in Calculation of Basic and Diluted Earnings Per Share) (Details) 88: R71 Debt (Terms Of The Senior Credit Agreement) HTML 41K (Narrative) (Details) 89: R72 Debt (Revolving Credit Facility Under The Senior HTML 71K Credit Agreement) (Narrative) (Details) 90: R73 Debt (Term Loans Under The Senior Credit HTML 95K Agreement) (Narrative) (Details) 91: R74 Debt (Secured Tower Revenue Securities) HTML 191K (Narrative) (Details) 92: R75 Debt (4.0% Convertible Senior Notes Due 2014) HTML 51K (Narrative) (Details) 93: R76 Debt (Senior Notes) (Narrative) (Details) HTML 139K 94: R77 Debt (Schedule Of Carrying And Principal Values Of HTML 122K Debt) (Details) 95: R78 Debt (Schedule Of Future Principal Payment HTML 46K Obligations) (Details) 96: R79 Debt (Schedule Of Cash And Non-Cash Interest HTML 102K Expense) (Details) 97: R80 Shareholders' Equity (Narrative) (Details) HTML 85K 98: R81 Stock-Based Compensation (Narrative) (Details) HTML 100K 99: R82 Stock-Based Compensation (Schedule Of Assumptions HTML 46K Used To Estimate Fair Value Of Stock Options) (Details) 100: R83 Stock-Based Compensation (Summary Of Activities HTML 79K With Respect To Its Stock Options) (Details) 101: R84 Stock-Based Compensation (Additional Information HTML 69K Regarding Options Outstanding And Exercisable) (Details) 102: R85 Stock-Based Compensation (Summary Of Activity Of HTML 52K Options Outstanding Not Yet Vested) (Details) 103: R86 Stock-Based Compensation (Restricted Stock Unit HTML 55K Activity) (Details) 104: R87 Stock-Based Compensation (Schedule Of Non-Cash HTML 44K Compensation Expense) (Details) 105: R88 Income Taxes (Narrative) (Details) HTML 69K 106: R89 Income Taxes (Income (Loss) Before Provision For HTML 40K Income Taxes From Continuing Operations By Geographic Area) (Details) 107: R90 Income Taxes (Components Of Provision For Income HTML 60K Taxes) (Details) 108: R91 Income Taxes (Income Tax Rate Reconciliation) HTML 58K (Details) 109: R92 Income Taxes (Components Of Net Deferred Income HTML 78K Tax Asset And Liability) (Details) 110: R93 Commitments And Contingencies (Narrative) HTML 52K (Details) 111: R94 Commitments And Contingencies (Annual Minimum HTML 69K Lease Payments) (Details) 112: R95 Commitments And Contingencies (Annual Minimum HTML 43K Tower Lease Income) (Details) 113: R96 Defined Contribution Plan (Narrative) (Details) HTML 42K 114: R97 Segment Data (Narrative) (Details) HTML 47K 115: R98 Segment Data (Segment Reporting Information HTML 108K Disclosure) (Details) 116: R99 Quarterly Financial Data (Schedule Of Quarterly HTML 58K Financial Information) (Details) 117: R100 Schedule III - Schedule of Real Estate and HTML 60K Accumulated Depreciation (Schedule of Real Estate and Accumulated Depreciation, by Property) (Details) 118: R101 Schedule III - Schedule of Real Estate and HTML 61K Accumulated Depreciation (Reconciliation of Carrying Amount of Real Estate Investments) (Details) 119: R102 Schedule III - Schedule of Real Estate and HTML 51K Accumulated Depreciation (Reconciliation of Real Estate Accumulated Depreciation) (Details) 121: XML IDEA XML File -- Filing Summary XML 217K 120: EXCEL IDEA Workbook of Financial Reports XLSX 146K 12: EX-101.INS XBRL Instance -- sbac-20171231 XML 5.69M 14: EX-101.CAL XBRL Calculations -- sbac-20171231_cal XML 271K 15: EX-101.DEF XBRL Definitions -- sbac-20171231_def XML 856K 16: EX-101.LAB XBRL Labels -- sbac-20171231_lab XML 1.71M 17: EX-101.PRE XBRL Presentations -- sbac-20171231_pre XML 1.47M 13: EX-101.SCH XBRL Schema -- sbac-20171231 XSD 272K 122: ZIP XBRL Zipped Folder -- 0001034054-18-000003-xbrl Zip 306K
EX 1035H |
Exhibit 10.35H
Execution Version
AMENDMENT TO EMPLOYMENT AGREEMENT
THIS AMENDMENT (the “Amendment") to the EMPLOYMENT AGREEMENT (the “Agreement”) between SBA COMMUNICATIONS CORPORATION, a Florida corporation (the “Company”) and JEFFREY A. STOOPS (the “Executive”), dated August 15, 2017 (the “Agreement”), is made and entered into effective as of August 15, 2017, (the “Effective Date”).
W I T N E S S E T H :
WHEREAS, the Company and its subsidiaries engage in the business of developing, leasing and maintaining wireless telecommunications tower sites and other related businesses;
WHEREAS, the Company and the Executive have previously entered into the Agreement; and
WHEREAS, the Board of Directors of the Company has determined that it is in the best interests of the Company and its stockholders to amend the Agreement effective as of the Effective Date.
NOW, THEREFORE, it is hereby agreed by and between the parties as follows:
1. Section 9(c) of the Agreement shall be deleted in its entirety and replaced with the following: |
“(c)Non‑Disparagement. Subject to Section 9(j) and (k) of this Agreement, during the Restricted Period and thereafter, the Executive shall not intentionally make any public statement, or publicly release any information, that disparages or defames the Company Group, or any of its officers and directors, and shall not intentionally cause or encourage any other person to make any such statement or publicly release any such information.”
2. The last sentence of Section 9(d) of the Agreement shall be deleted in its entirety and replaced with the following: |
“The restrictions contained herein shall not apply to the extent provided in Section 9(j) or (k) of this Agreement or to any information which the Executive can demonstrate (i) was already available to the public at the time of disclosure, or subsequently became available to the public, otherwise than by breach of this Agreement, (ii) was the subject of a court order to disclose.”
3. A new subsection (j) shall be added to Section 9 of the Agreement as follows: |
“(j)Legally-Protected Communications and Disclosures. Notwithstanding any other provision of this Agreement to the contrary, no provision of this Agreement shall prevent, restrict, limit, impede or otherwise interfere with the Executive’s ability to exercise any rights he may have to (i) engage in legally-protected employee
communications, including without limitation protections under Section 7 of the National Labor Relations Act, (ii) file a charge or complaint or initiate an investigation with the Department of Justice, Equal Employment Opportunity Commission, Inspector General, National Labor Relations Board, Occupational Safety and Health Administration, Securities and Exchange Commission or any other federal, state or local governmental or regulatory agency, authority or commission or staff thereof (each a “Government Agency”), (iii) report a possible violation of any federal, state or local statute, rule, regulation, ordinance or other law (“Law”) to any Government Agency or making other disclosures that are protected under the whistleblower protections of any applicable Law, including without limitation reporting possible violations of Law in accordance with Section 21F of the Securities Exchange Act of 1934, as amended, and rules promulgated thereunder (“Section 21F of the Exchange Act”), (iv) respond to a lawful subpoena, or (v) comply with any other legal obligation. Further, notwithstanding any other provision of this Agreement to the contrary, no provision of this Agreement shall limit the Executive’s ability to (i) communicate with any Government Agency 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 or permission by the Company, or (ii) receive any award for information provided to any Government Agency. Without limiting the generality of the foregoing, the provisions of Section 21F of the Exchange Act shall be effective as of August 12, 2011 or such other date as may be required by law.”
4. A new subsection (k) shall be added to Section 9 of the Agreement as follows: |
“(k)Notice of Immunity Under the Defend Trade Secrets Act of 2016. Notwithstanding any other provision of this Agreement to the contrary, effective as of May 11, 2016 or such other date as may be required by law:
(i) the Executive will not be held criminally or civilly liable under any federal, state or local trade secret law for any disclosure of a trade secret that is made: (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (B) in a complaint or other document that is filed under seal in a lawsuit or other proceeding; and |
(ii) if the Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive may disclose the Company's trade secrets to the Company's attorney and use the trade secret information in the court proceeding if the Company: (1) files any document containing the trade secret under seal; and (2) does not disclose the trade secret, except pursuant to court order.” |
5. Section 20 of the Agreement shall be deleted in its entirety and replaced with the following: |
“20.ENTIRE AGREEMENT. This Agreement, as amended, represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations (if any)
2
made by and between such parties, except for the Company’s Executive Compensation Recoupment Policy and any and all Acknowledgements and Agreements to such policy executed by the Executive. As of the Effective Date, this Agreement supersedes and replaces the Prior Agreement.”
6. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Confirmation of execution by electronic transmission of a facsimile signature page shall be binding upon any party so confirming. |
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and year first above written.
SBA COMMUNICATIONS CORPORATION
By:/s/ Thomas P. Hunt
Thomas P. Hunt, Senior Vice President
and
By:/s/ Steven E. Bernstein
Steven E. Bernstein, Chairman of the Board of SBA Communications Corporation
/s/ Jeffrey A. Stoops
JEFFREY A. STOOPS
3
This ‘10-K’ Filing | Date | Other Filings | ||
---|---|---|---|---|
Filed on: | 3/1/18 | 4 | ||
For Period end: | 12/31/17 | 5 | ||
8/15/17 | ||||
5/11/16 | ||||
8/12/11 | ||||
List all Filings |