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American Equity Investment Life Holding Co – ‘10-Q’ for 3/31/19 – ‘EX-10.4’

On:  Wednesday, 5/8/19, at 3:09pm ET   ·   For:  3/31/19   ·   Accession #:  1039828-19-26   ·   File #:  1-31911

Previous ‘10-Q’:  ‘10-Q’ on 11/6/18 for 9/30/18   ·   Next:  ‘10-Q’ on 8/8/19 for 6/30/19   ·   Latest:  ‘10-Q’ on 11/8/23 for 9/30/23   ·   5 References:   

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

 5/08/19  American Equity Inv Life Hold… Co 10-Q        3/31/19   77:11M

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

Document/Exhibit                   Description                      Pages   Size 

 1: 10-Q        Quarterly Report                                    HTML    866K 
 2: EX-10.1     Material Contract                                   HTML     45K 
 3: EX-10.2     Material Contract                                   HTML     48K 
 4: EX-10.3     Material Contract                                   HTML     44K 
 5: EX-10.4     Material Contract                                   HTML     29K 
 6: EX-31.1     Certification -- §302 - SOA'02                      HTML     32K 
 7: EX-31.2     Certification -- §302 - SOA'02                      HTML     32K 
 8: EX-32.1     Certification -- §906 - SOA'02                      HTML     26K 
 9: EX-32.2     Certification -- §906 - SOA'02                      HTML     27K 
16: R1          Document and Entity Information Document            HTML     49K 
17: R2          Consolidated Balance Sheets                         HTML    114K 
18: R3          Consolidated Balance Sheets (Parentheticals)        HTML     48K 
19: R4          Consolidated Statements of Operations               HTML    103K 
20: R5          Consolidated Statements of Comprehensive Income     HTML     53K 
                (Loss)                                                           
21: R6          Consolidated Statements of Changes in               HTML     52K 
                Stockholders' Equity                                             
22: R7          Consolidated Statements of Changes in               HTML     27K 
                Stockholders' Equity (Parentheticals)                            
23: R8          Consolidated Statements of Cash Flows               HTML    155K 
24: R9          Significant Accounting Policies                     HTML     34K 
25: R10         Fair Values of Financial Instruments                HTML    244K 
26: R11         Investments                                         HTML    397K 
27: R12         Mortgage Loans on Real Estate                       HTML    202K 
28: R13         Derivative Instruments                              HTML    166K 
29: R14         Notes Payable and Amounts Due Under Repurchase      HTML     40K 
                Agreements                                                       
30: R15         Commitments and Contingencies                       HTML     29K 
31: R16         Earnings (Loss) Per Share                           HTML     44K 
32: R17         Significant Accounting Policies (Policies)          HTML     88K 
33: R18         Fair Values of Financial Instruments (Tables)       HTML    222K 
34: R19         Investments (Tables)                                HTML    396K 
35: R20         Mortgage Loans on Real Estate (Tables)              HTML    195K 
36: R21         Derivative Instruments (Tables)                     HTML    171K 
37: R22         Notes Payable and Amounts Due Under Repurchase      HTML     39K 
                Agreements (Tables)                                              
38: R23         Earnings (Loss) Per Share (Tables)                  HTML     44K 
39: R24         Significant Accounting Policies (Narrative)         HTML     27K 
                (Details)                                                        
40: R25         Fair Values of Financial Instruments (Narrative)    HTML     57K 
                (Details)                                                        
41: R26         Fair Values of Financial Instruments (Fair Values   HTML     79K 
                and Carrying Amounts of Financial Instruments)                   
                (Details)                                                        
42: R27         Fair Values of Financial Instruments (Assets and    HTML    123K 
                Liabilities Measured on a Recurring Basis by Fair                
                Value Hierarchy) (Details)                                       
43: R28         Fair Values of Financial Instruments (Assumptions   HTML     65K 
                Used in Estimating Fair Value) (Details)                         
44: R29         Fair Values of Financial Instruments                HTML     39K 
                (Reconciliation of Beginning and Ending Balances                 
                of Level 3 Liabilities) (Details)                                
45: R30         Investments (Narrative) (Details)                   HTML     37K 
46: R31         Investments (Schedule of Fixed Maturity             HTML     62K 
                Securities) (Details)                                            
47: R32         Investments (Fixed Maturity Securities by           HTML     82K 
                Contractual Maturity) (Details)                                  
48: R33         Investments (Net Unrealized Gains (Losses) on       HTML     36K 
                Available for Sale Fixed Maturity Securities                     
                Reported as a Separate Component of Stockholders'                
                Equity) (Details)                                                
49: R34         Investments (Credit Quality of Fixed Maturity       HTML     44K 
                Security Portfolio by NAIC Designation) (Details)                
50: R35         Investments (Gross Unrealized Losses on             HTML     97K 
                Investments, By Category and Length of Time)                     
                (Details)                                                        
51: R36         Investments (Changes in Net Unrealized              HTML     42K 
                Gains/Losses on Investments) (Details)                           
52: R37         Investments (Net Realized Gains (Losses) on         HTML     44K 
                Invesments, Excluding Other Than Temporary                       
                Impairments) (Details)                                           
53: R38         Investments (Other Than Temporary Impairments by    HTML     39K 
                Asset Type) (Details)                                            
54: R39         Investments (Cumulative Credit Loss Portion of      HTML     35K 
                Other Than Temporary Impairment Recognized in                    
                Operations) (Details)                                            
55: R40         Investments (Cumulative Noncredit Portion of Other  HTML     46K 
                Than Temporary Impairment Recognized in Other                    
                Comprehensive Income and Change in Fair Value                    
                Since Other Than Temporary Impairment) (Details)                 
56: R41         Mortgage Loans on Real Estate (Narrative)           HTML     52K 
                (Details)                                                        
57: R42         Mortgage Loans on Real Estate (Summary of Mortgage  HTML     35K 
                Loan Portfolio) (Details)                                        
58: R43         Mortgage Loans on Real Estate (Mortgage Loan        HTML     66K 
                Portfolio Summarized by Geographic Region and                    
                Property Type) (Details)                                         
59: R44         Mortgage Loans on Real Estate (Allowance for Loan   HTML     41K 
                Losses Rollforward) (Details)                                    
60: R45         Mortgage Loans on Real Estate (Impaired Mortgage    HTML     31K 
                Loans on Real Estate By Basis of Impairment)                     
                (Details)                                                        
61: R46         Mortgage Loans on Real Estate (Mortgage Loans by    HTML     32K 
                Credit Quality Indicator) (Details)                              
62: R47         Mortgage Loans on Real Estate (Schedule of          HTML     40K 
                Financing Receivables Past Due) (Details)                        
63: R48         Mortgage Loans on Real Estate (Schedule of          HTML     58K 
                Impaired Financing Receivables) (Details)                        
64: R49         Derivative Instruments (Narrative) (Details)        HTML     36K 
65: R50         Derivative Instruments (Fair Value of Derivative    HTML     42K 
                Instruments as Presented in the Consolidated                     
                Balance Sheets) (Details)                                        
66: R51         Derivative Instruments (Change in Fair Value of     HTML     40K 
                Derivatives Included in the Consolidated Statement               
                of Operations) (Details)                                         
67: R52         Derivative Instruments (Derivative Call Options,    HTML     60K 
                Notional Amount and Fair Value, by Counterparty)                 
                (Details)                                                        
68: R53         Derivative Instruments (Interest Rate Swap)         HTML     38K 
                (Details)                                                        
69: R54         Derivative Instruments (Interest Rate Caps)         HTML     41K 
                (Details)                                                        
70: R55         Notes Payable and Amounts Due Under Repurchase      HTML     37K 
                Agreements (Schedule of Notes Payable) (Details)                 
71: R56         Notes Payable and Amounts Due Under Repurchase      HTML     35K 
                Agreements (2027 Notes Narrative) (Details)                      
72: R57         Notes Payable and Amounts Due Under Repurchase      HTML     29K 
                Agreements (Repurchase Agreements Narrative)                     
                (Details)                                                        
73: R58         Commitments and Contingencies (Narrative)           HTML     31K 
                (Details)                                                        
74: R59         Earnings (Loss) Per Share (Schedule of Earnings     HTML     57K 
                (Loss) Per Share, Basic and Diluted) (Details)                   
76: XML         IDEA XML File -- Filing Summary                      XML    142K 
75: EXCEL       IDEA Workbook of Financial Reports                  XLSX     94K 
10: EX-101.INS  XBRL Instance -- ael-20190331                        XML   3.69M 
12: EX-101.CAL  XBRL Calculations -- ael-20190331_cal                XML    267K 
13: EX-101.DEF  XBRL Definitions -- ael-20190331_def                 XML    851K 
14: EX-101.LAB  XBRL Labels -- ael-20190331_lab                      XML   1.66M 
15: EX-101.PRE  XBRL Presentations -- ael-20190331_pre               XML   1.01M 
11: EX-101.SCH  XBRL Schema -- ael-20190331                          XSD    170K 
77: ZIP         XBRL Zipped Folder -- 0001039828-19-000026-xbrl      Zip    285K 


‘EX-10.4’   —   Material Contract


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



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  Exhibit  


Exhibit 10.4


SECOND AMENDMENT
TO THE AMERICAN EQUITY INVESTMENT LIFE HOLDING COMPANY
2016 EMPLOYEE INCENTIVE PLAN
The following amendment (the “Second Amendment”) to the American Equity Investment Life Holding Company (the “Company”) 2016 Employee Incentive Plan (the “Plan”) was adopted by the Compensation Committee (the “Committee”) of the Board of Directors of the Company on February 28, 2019. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Plan.
1.    Amendment to Section 9.8. Section 9.8 is amended and replaced in its entirety to read as follows:
9.8    “Withholding Taxes. The Participant shall pay to the Company, or make provision satisfactory to the Committee for payment of, any taxes or social insurance contributions required by law to be withheld with respect to an Award under the Plan no later than the date of the event creating tax liability (as determined without regard to any potential application of Section 83(c)(3) of the Code). The Company and its Affiliates may, to the extent permitted by law, deduct any such tax or social insurance obligations from any payment of any kind due the Participant hereunder or otherwise. In the Committee’s discretion, the minimum tax or social insurance obligations required by law to be withheld in respect of Awards, or, if applicable, such other withholding amount (a “Greater Amount”) as mutually agreed upon by the Company and the Participant, up to the sum of all applicable statutory maximum rates (provided, in the case of a Participant who is an “officer” of the Company as defined in Rule 16a-1(f) promulgated pursuant to the Exchange Act (or any successor rule), that such other amount is approved in advance by the Committee or the Board), may be paid in whole or in part in Shares, including Shares retained by the Company from the Award creating the obligation, valued at their Fair Market Value on the date of retention or delivery. In particular, but not in limitation of the foregoing, with respect to Awards of RSUs and RSAs, the Company shall withhold from the payment of an Award and shall retain that number of Shares the Fair Market Value of which is equal to the amount of tax required to be withheld and paid, or any applicable Greater Amount, on the date of retention or delivery.”
2.    Effect on the Plan. Except as specifically amended by this Amendment, the Plan shall remain in full force and effect.
3.    Governing Law. This Amendment shall be governed by and construed according to the laws of the State of Iowa.
[signature page follows]

1



IN WITNESS WHEREOF, the Company has caused this Second Amendment to be executed as of the date first above written.

AMERICAN EQUITY INVESTMENT
LIFE HOLDING COMPANY
 
 
 
 
 
 
 
 
By:
 
 
 
 
 
Title: Chief Executive Officer & President
 


2

Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-Q’ Filing    Date    Other Filings
Filed on:5/8/19
For Period end:3/31/19
2/28/194
 List all Filings 


5 Subsequent Filings that Reference this Filing

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

 4/29/24  American Equity Inv Life Hold… Co 10-K/A     12/31/23   14:934K
 2/29/24  American Equity Inv Life Hold… Co 10-K       12/31/23  155:26M
 2/28/23  American Equity Inv Life Hold… Co 10-K       12/31/22  134:24M
 3/01/22  American Equity Inv Life Hold… Co 10-K       12/31/21  135:23M
 3/01/21  American Equity Inv Life Hold… Co 10-K       12/31/20  137:21M
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Filing Submission 0001039828-19-000026   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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