Annual Report — Form 10-K — Sect. 13 / 15(d) – SEA’34 Filing Table of Contents
Document/ExhibitDescriptionPagesSize
1: 10-K Annual Report HTML 2.04M
2: EX-4.21 13th Supp Indenture, Dated as of February 13, HTML 60K
2013, Among Kwi
3: EX-4.22 14th Supplemental Indenture, Dated as of February HTML 50K
14, 2013
4: EX-4.25 Supplemental Indenture No. 2, Dated as of February HTML 53K
14, 2013
5: EX-10.114 1st Amendment to Amended and Rest 2009 Equity Part HTML 49K Plan
6: EX-10.115 Amended and Restated 2009 Equity Participation HTML 68K
Plan Employee Restricted Stock Aw
7: EX-10.116 Amended and Restated 2009 Equity Part Plan HTML 67K
Consultant Restr Stk
8: EX-21 List of Subsidiaries HTML 200K
9: EX-23.1 Consent of Independent Registered Public HTML 38K
Accounting
10: EX-31.1 Certification Pursuant to Rule 13A-14(A) of the HTML 45K
Chief Executive Officer
11: EX-31.2 Certification Pursuant to Rule 13A-14(A) of the HTML 45K
Chief Financial Officer
12: EX-32.1 Certification Pursuant to Section 906 of the Chief HTML 40K
Executive Officer
13: EX-32.2 Certification Pursuant to Section 906 of the Chief HTML 40K
Financial Officer
93: R1 Document and Entity Information HTML 66K
71: R2 Consolidated Balance Sheets HTML 158K
88: R3 Consolidated Balance Sheets (Parenthetical) HTML 75K
97: R4 Consolidated Statements of Operations HTML 187K
125: R5 Consolidated Statements of Comprehensive Income HTML 83K
75: R6 Consolidated Statement of Equity HTML 175K
87: R7 Consolidated Statement of Equity (Parenthetical) HTML 72K
63: R8 Consolidated Statements of Cash Flows HTML 295K
52: R9 Consolidated Statements of Cash Flows HTML 98K
(Parenthetical)
127: R10 Organization HTML 46K
99: R11 Basis of Presentation and Summary of Significant HTML 77K
Accounting Policies
98: R12 Notes Receivable HTML 70K
106: R13 Real Estate HTML 101K
107: R14 Investments in Joint Ventures HTML 337K
103: R15 Investments in Loan Pool Participations HTML 155K
108: R16 Fair Value Measurements and the Fair Value Option HTML 118K
89: R17 Marketable Securities HTML 44K
94: R18 Other Assets HTML 58K
101: R19 Mortgage Loans and Notes Payable HTML 106K
136: R20 Borrowings Under Lines of Credit HTML 42K
117: R21 Senior Notes HTML 47K
81: R22 Convertible Subordinated Debt HTML 42K
100: R23 Junior Subordinated Debentures HTML 41K
84: R24 Related Party Transactions HTML 78K
41: R25 Income Taxes HTML 150K
119: R26 Commitments and Contingencies HTML 56K
132: R27 Stock Compensation Plans HTML 59K
57: R28 Capital Stock Transactions HTML 88K
56: R29 Employee Benefit Arrangements HTML 40K
61: R30 Earnings Per Share HTML 68K
62: R31 Segment Information HTML 254K
65: R32 Guarantor and Non-Guarantor Financial Statements HTML 1.30M
29: R33 Unaudited Quarterly Information HTML 149K
115: R34 Subsequent Events HTML 41K
79: R35 Schedule III - Real Estate and Accumulated HTML 251K
Depreciation
82: R36 Schedule IV - Mortgage Loans on Real Estate HTML 130K
Schedule IV - Mortgage Loans on Real Estate
46: R37 Basis of Presentation and Summary of Significant HTML 187K
Accounting Policies (Policies)
135: R38 Notes Receivable (Tables) HTML 65K
20: R39 Real Estate (Tables) HTML 80K
68: R40 Investments in Joint Ventures (Tables) HTML 321K
123: R41 Investments in Loan Pool Participations (Tables) HTML 151K
43: R42 Fair Value Measurements and the Fair Value Option HTML 106K
(Tables)
55: R43 Other Assets (Tables) HTML 55K
60: R44 Mortgage Loans and Notes Payable (Tables) HTML 113K
72: R45 Related Party Transactions (Tables) HTML 72K
28: R46 Income Taxes (Tables) HTML 148K
51: R47 Commitments and Contingencies (Tables) HTML 47K
23: R48 Stock Compensation Plans (Tables) HTML 48K
121: R49 Capital Stock Transactions (Tables) HTML 64K
42: R50 Earnings Per Share (Tables) HTML 64K
116: R51 Segment Information (Tables) HTML 251K
47: R52 Guarantor and Non-Guarantor Financial Statements HTML 1.30M
(Tables)
69: R53 Unaudited Quarterly Information (Tables) HTML 147K
22: R54 Basis of Presentation and Summary of Significant HTML 51K
Accounting Policies (Details)
25: R55 Notes Receivable (Details) HTML 75K
59: R56 Notes Receivable (Narrative) (Details) HTML 52K
33: R57 Real Estate (Schedule of Investments in HTML 50K
Consolidated Properties) (Details)
128: R58 Real Estate (Schedule of Acquisitions) (Details) HTML 54K
77: R59 Real Estate (Schedule of Pro Forma Information) HTML 49K
(Details)
104: R60 Real Estate (Narrative) (Details) HTML 150K
50: R61 Investments in Joint Ventures (Narrative) HTML 118K
(Details)
53: R62 Investments in Joint Ventures (Schedule of New HTML 47K
Joint Ventures) (Details)
113: R63 Investments in Joint Ventures (Balance Sheet) HTML 101K
(Details)
109: R64 Investments in Joint Ventures (Total Investments) HTML 63K
(Details)
80: R65 Investments in Joint Ventures (Income Statement) HTML 101K
(Details)
111: R66 Investments in Joint Ventures (Equity in Joint HTML 53K
Venture income) (Details)
48: R67 Investments in Loan Pool Participations HTML 63K
(Narrative) (Details)
85: R68 Investments in Loan Pool Participations (Schedule HTML 65K
of Investment in Loan Pools) (Details)
131: R69 Investments in Loan Pool Participations (Schedules HTML 59K
of Interest Income and Foreign Currency Gain)
(Details)
24: R70 Fair Value Measurements and the Fair Value Option HTML 60K
(Schedule of Fair Value Measurements) (Details)
40: R71 Fair Value Measurements and the Fair Value Option HTML 54K
(Schedule of Changes in Level 3 Investments)
(Details)
70: R72 Fair Value Measurements and the Fair Value Option HTML 47K
(Entities that Calculate Net Asset Value Per
Share) (Details)
31: R73 Fair Value Measurements and the Fair Value Option HTML 56K
(Fair Value Option) (Details)
134: R74 Fair Value Measurements and the Fair Value Option HTML 54K
(Schedule of the Funds and Fair Value Option
Investments, Significant Inputs) (Details)
44: R75 Fair Value Measurements and the Fair Value Option HTML 52K
(Derivatives Fair Value) (Details)
35: R76 Fair Value Measurements and the Fair Value Option HTML 42K
(Fair Value of Financial Instruments) (Details)
39: R77 Marketable Securities (Details) HTML 48K
26: R78 Other Assets (Details) HTML 89K
30: R79 Mortgage Loans and Notes Payable (Details) HTML 97K
95: R80 Mortgage Loans and Notes Payable (Schedule of HTML 62K
Maturities) (Details)
37: R81 Borrowings Under Lines of Credit (Details) HTML 53K
129: R82 Senior Notes (Details) HTML 58K
66: R83 Convertible Subordinated Debt (Details) HTML 58K
102: R84 Junior Subordinated Debentures (Details) HTML 55K
110: R85 Related Party Transcations (Narrative) (Details) HTML 114K
36: R86 Related Party Transactions (Schedule of Future HTML 67K
Minimum Lease Payments) (Details)
38: R87 Related Party Transactions (Fees and Income from HTML 47K
Related Parties) (Details)
126: R88 Income Taxes (Narrative) (Details) HTML 53K
32: R89 Income Taxes Income Taxes (Schedule of Income HTML 45K
before Income Tax, Domestic and Foreign) (Details)
96: R90 Income Taxes (Schedule of (Benefit from) Provision HTML 89K
for Income Taxes) (Details)
92: R91 Income Taxes (Reconciliation of the Statutory HTML 79K
Federal Income Tax Rate) (Details)
114: R92 Income Taxes (Schedule of Deferred Tax Assets and HTML 78K
Liabilities) (Details)
91: R93 Commitments and Contingencies (Narrative) HTML 57K
(Details)
76: R94 Commitments and Contingencies (Schedule of Future HTML 64K
Minimum Lease Payments) (Details)
120: R95 Stock Compensation Plans (Narrative) (Details) HTML 72K
73: R96 Stock Compensation Plans (Schedule of Activity HTML 51K
under the New Equity Plan) (Details)
45: R97 Capital Stock Transactions (Common Stock) HTML 55K
(Details)
83: R98 Capital Stock Transactions (Preferred Stock) HTML 66K
(Details)
78: R99 Capital Stock Transactions (Warrants) (Details) HTML 58K
58: R100 Capital Stock Transactions (Dividend HTML 63K
Distributions) (Details)
137: R101 Employee Benefit Arrangements (Details) HTML 42K
112: R102 Earnings Per Share (Details) HTML 65K
90: R103 Segment Information (Segment Information, by HTML 175K
Segment) (Details)
27: R104 Segment Information (Revenue by Geographical HTML 48K
Region) (Details)
122: R105 Guarantor and Non-Guarantor Financial Statements HTML 256K
(Balance Sheets) (Details)
130: R106 Guarantor and Non-Guarantor Financial Statements HTML 359K
(Income Statements) (Details)
124: R107 Guarantor and Non-Guarantor Financial Statements HTML 133K
(Comprehensive Income) (Details)
86: R108 Guarantor and Non-Guarantor Financial Statements HTML 288K
(Cash Flows) (Details)
34: R109 Unaudited Quarterly Information (Details) HTML 117K
105: R110 Subsequent Events (Details) HTML 62K
49: R111 Schedule III - Real Estate and Accumulated HTML 172K
Depreciation (Details)
21: R112 Schedule III - Real Estate and Accumulated HTML 53K
Depreciation (Changes in Real Estate Rollforward)
(Details)
74: R113 Schedule III - Real Estate and Accumulated HTML 50K
Depreciation (Changes in Accumulated Depreciation
Rollforward) (Details)
67: R114 Schedule IV - Mortgage Loans on Real Estate HTML 87K
(Details)
118: R115 Schedule IV - Mortgage Loans on Real Estate HTML 60K
(Mortgage Loans on Real Estate Activity) (Details)
133: XML IDEA XML File -- Filing Summary XML 215K
54: EXCEL IDEA Workbook of Financial Reports (.xls) XLS 7.09M
14: EX-101.INS XBRL Instance -- kw-20121231 XML 9.81M
16: EX-101.CAL XBRL Calculations -- kw-20121231_cal XML 523K
17: EX-101.DEF XBRL Definitions -- kw-20121231_def XML 1.77M
18: EX-101.LAB XBRL Labels -- kw-20121231_lab XML 3.33M
19: EX-101.PRE XBRL Presentations -- kw-20121231_pre XML 2.19M
15: EX-101.SCH XBRL Schema -- kw-20121231 XSD 402K
64: ZIP XBRL Zipped Folder -- 0001408100-13-000007-xbrl Zip 648K
‘EX-10.114’ — 1st Amendment to Amended and Rest 2009 Equity Part Plan
AMENDED AND RESTATED 2009 EQUITY PARTICIPATION PLAN
[EMPLOYEE / CONSULTANT]1 RESTRICTED STOCK AWARD AGREEMENT
This First Amendment (this “First Amendment”) to [Employee / Consultant] Restricted Stock Award Agreement is made as of [__________], 2013, by and between
Kennedy-Wilson Holdings, Inc., a Delaware corporation (the “Company”), and [_________] (the “Awardee”). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Award Agreement (as defined below).
WHEREAS, the Company awarded to the Awardee [_________] Restricted Shares pursuant to the Company's Amended and Restated 2009 Equity Participation Plan and that certain [Employee / Consultant] Restricted Stock Award Agreement, dated as of [__________], 2012 (the “Award Agreement”);
and
WHEREAS, the Company and the Awardee desire to amend the Award Agreement as set forth herein.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby amend the Award Agreement as follows:
1.The proviso following clause (e) of Section 4 of the Award Agreement is hereby amended and restated in its entirety as follows:
“provided,
that the Performance Goal target for the Company's fiscal year ending December 31, 2012 as set forth in clause (a) above may be increased and additional vesting requirements may be provided for annually in the Company's sole discretion upon written notice to the Awardee, which notice shall be deemed to be incorporated herein.”
2.The defined term “Performance Goal” in Section 4 of the Award Agreement is hereby amended and restated in its entirety as follows:
1
Form will need to be customized for employee and consultant award agreements.
3.Paragraphs I and II of Exhibit A of the Award Agreement are hereby amended and restated in their entirety as follows:
“I.
With respect to the Performance Goal for the
Company's fiscal year ending December 31, 2012, two performance metrics will be averaged and compared to the Return on Equity (as defined in III. below). The two metrics to be averaged are as follows: (1) 10%, and (2) the percentage determined by the yield on the 10 year U.S. Government Treasuries as of 12/31/12 plus a risk premium of 500 basis points.
The Base Number (as defined below) will be compared to the actual Return on Equity for each respective Company fiscal year. For purposes of this Exhibit A, the “Base Number” means:
•
With respect to the Performance Goal for the Company's fiscal year ending December 31,
2012, the number determined by averaging (1) and (2) in I. above.