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As Of Filer Filing For·On·As Docs:Size 5/16/16 American Renal Assocs Holdin… Inc 10-Q 3/31/16 58:5.1M |
Document/Exhibit Description Pages Size 1: 10-Q Quarterly Report HTML 658K 2: EX-10.10 Material Contract HTML 35K 3: EX-10.11 Material Contract HTML 35K 4: EX-10.9 Material Contract HTML 39K 5: EX-31.1 Certification -- §302 - SOA'02 HTML 25K 6: EX-31.2 Certification -- §302 - SOA'02 HTML 25K 7: EX-32.1 Certification -- §906 - SOA'02 HTML 21K 8: EX-32.2 Certification -- §906 - SOA'02 HTML 21K 15: R1 Document and Entity Information HTML 38K 16: R2 Consolidated Balance Sheets HTML 121K 17: R3 Consolidated Balance Sheets (Parenthetical) HTML 42K 18: R4 Consolidated Statements of Income HTML 86K 19: R5 Consolidated Statements of Comprehensive Income HTML 31K (Loss) 20: R6 Consolidated Statements of Changes in Equity HTML 57K 21: R7 Consolidated Statements of Cash Flows HTML 112K 22: R8 Basis of Presentation and Organization HTML 43K 23: R9 Accounts Receivable HTML 24K 24: R10 Goodwill HTML 25K 25: R11 Fair Value Measurements HTML 100K 26: R12 Accrued Expensed and Other Current Liabilities HTML 46K 27: R13 Noncontrolling Interests Subject to Put Provisions HTML 22K 28: R14 Long-Term Debt HTML 88K 29: R15 Income Taxes HTML 23K 30: R16 Stock-Based Compensation HTML 40K 31: R17 Earnings Per Share HTML 78K 32: R18 Related Party Transactions HTML 26K 33: R19 Commitments and Contingencies HTML 26K 34: R20 Subsequent Events HTML 47K 35: R21 Basis of Presentation and Organization (Policies) HTML 44K 36: R22 Good Will (Tables) HTML 25K 37: R23 Fair Value Measurements (Tables) HTML 90K 38: R24 Accrued Expensed and Other Current Liabilities HTML 46K (Tables) 39: R25 Long-Term Debt (Tables) HTML 78K 40: R26 Stock-Based Compensation (Tables) HTML 38K 41: R27 Earnings Per Share (Tables) HTML 75K 42: R28 Basis of Presentation and Organization (Details) HTML 71K 43: R29 Accounts Receivable (Details) HTML 27K 44: R30 Goodwill (Details) HTML 22K 45: R31 Fair Value Measurements (Details) HTML 53K 46: R32 Accrued Expensed and Other Current Liabilities HTML 35K (Details) 47: R33 Noncontrolling Interests Subject to Put Provisions HTML 22K (Details) 48: R34 Long-Term Debt (Details) HTML 68K 49: R35 Long-Term Debt - Credit And Interest Rate Swap HTML 85K Agreements (Details) 50: R36 Income Taxes (Details) HTML 22K 51: R37 Stock-Based Compensation (Details) HTML 27K 52: R38 Earnings Per Share (Details) HTML 45K 53: R39 Earnings Per Share Unaudited Proforma (Details) HTML 49K 54: R40 Related Party Transactions (Details) HTML 42K 55: R41 Subsequent Event (Details) HTML 109K 57: XML IDEA XML File -- Filing Summary XML 90K 56: EXCEL IDEA Workbook of Financial Reports XLSX 54K 9: EX-101.INS XBRL Instance -- ara-20160331 XML 1.02M 11: EX-101.CAL XBRL Calculations -- ara-20160331_cal XML 138K 12: EX-101.DEF XBRL Definitions -- ara-20160331_def XML 408K 13: EX-101.LAB XBRL Labels -- ara-20160331_lab XML 990K 14: EX-101.PRE XBRL Presentations -- ara-20160331_pre XML 676K 10: EX-101.SCH XBRL Schema -- ara-20160331 XSD 112K 58: ZIP XBRL Zipped Folder -- 0001498068-16-000004-xbrl Zip 107K
ara_Ex10-11 |
Second Amendment to Employment Agreement
This Second Amendment to Employment Agreement (this “Amendment”) is entered into effective as of April 26, 2016 (the “Effective Date”) by and among American Renal Management LLC, a Delaware limited liability company (the “Company”), American Renal Holdings Inc., a Delaware corporation (“ARH”), and John M. McDonough, a resident of the Commonwealth of Massachusetts (“Executive”).
W I T N E S S E T H
WHEREAS, the Company, ARH and Executive entered into that certain employment agreement, dated March 22, 2010, amended April 21, 2011 (the “Original Agreement”); and
WHEREAS, the Company, ARH and Executive each desire to amend the Original Agreement as provided below to modify the target Bonus percentage and the timing of payment of the Bonus (as defined in the Original Agreement).
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Company, ARH and Executive each hereby agree to amend the Original Agreement to reflect this change, as follows:
1.Definitions. Capitalized terms used and not otherwise defined in this Amendment have the meanings given such terms in the Original Agreement.
2.Amendments. The following provisions shall apply, and the Original Agreement shall be deemed amended as of the Effective Date as follows:
(a)Section 5.2(a) of the Original Agreement shall be amended by replacing the percentage “75%” in the first sentence thereof with the percentage “100%”.
(b)Section 5.2(b) of the Original Agreement shall be stricken and replaced by the following:
“(b)For any fiscal year in which the Bonus is not subject to the deduction limit under Section 162(m) of the Code pursuant to the transition relief provisions of Treasury Regulation Section 1.162-27(f)(1) (the “Transition Period”), the full estimated Bonus (less applicable withholding taxes) shall be paid no later than December 31 of the fiscal year to which such Bonus relates based on estimated Consolidated EBITDA for such fiscal year (the “Estimated Bonus”); provided that, if the ARH Group’s Consolidated EBITDA, as reflected, without duplication, in the audited financial statements of the ARH Group for such fiscal year differs from the ARH Group’s estimated Consolidated EBITDA for such fiscal year, as reflected in the unaudited, internal financial statements used to determine the Estimated Bonus, then the Bonus shall be recalculated by the Board, and the Company or the Executive, as the case may be, shall pay to the other, within 30 days of such determination, any amounts that are required to reflect the actual amount of the Bonus for such fiscal year, based upon the ARH Group’s Consolidated EBITDA, as reflected in the audited financial statements of the ARH Group. Following the Transition Period, the Bonus (less applicable withholding taxes) shall be paid to Executive at the same time
as bonuses are generally payable to other senior executives of the Company, but in no event later than two and one-half months following the close of the fiscal year to which the Bonus relates.”
3.Amendment Governs in the Case of Conflict. In the event that any terms or provisions of the Original Agreement conflict or are inconsistent with the terms and provisions of this Amendment, the terms of this Amendment shall govern and control.
4.No Further Modification. Except as amended hereby, the Original Agreement remains unmodified and in full force and effect.
[Signature Page Follows]
Signature Page to Amendment to Employment Agreement between American Renal Management LLC, American Renal Holdings Inc. and John M. McDonough
IN WITNESS WHEREOF, the Company and Executive have executed this Amendment effective as of the Effective Date.
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AMERICAN RENAL HOLDINGS INC. |
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CEO |
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AMERICAN RENAL MANAGEMENT LLC |
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By: |
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Name: |
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CEO |
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EXECUTIVE |
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This ‘10-Q’ Filing | Date | Other Filings | ||
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Filed on: | 5/16/16 | |||
4/26/16 | 4, 8-K | |||
For Period end: | 3/31/16 | |||
4/21/11 | ||||
3/22/10 | ||||
List all Filings |