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American Tower Corp/MA – ‘10-K’ for 12/31/18 – ‘EX-10.32’

On:  Wednesday, 2/27/19, at 4:46pm ET   ·   For:  12/31/18   ·   Accession #:  1053507-19-12   ·   File #:  1-14195

Previous ‘10-K’:  ‘10-K’ on 2/28/18 for 12/31/17   ·   Next:  ‘10-K’ on 2/25/20 for 12/31/19   ·   Latest:  ‘10-K’ on 2/27/24 for 12/31/23   ·   23 References:   

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

 2/27/19  American Tower Corp/MA            10-K       12/31/18  155:24M

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

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                       HTML   2.00M 
 2: EX-10.10    Material Contract                                   HTML     65K 
 3: EX-10.11    Material Contract                                   HTML     68K 
 4: EX-10.14    Material Contract                                   HTML     83K 
 5: EX-10.31    Material Contract                                   HTML     49K 
 6: EX-10.32    Material Contract                                   HTML     65K 
 7: EX-10.56    Material Contract                                   HTML    124K 
 8: EX-10.57    Material Contract                                   HTML    189K 
 9: EX-10.58    Material Contract                                   HTML    122K 
10: EX-10.59    Material Contract                                   HTML    389K 
11: EX-21       Subsidiaries List                                   HTML     81K 
12: EX-23       Consent of Experts or Counsel                       HTML     43K 
13: EX-31.1     Certification -- §302 - SOA'02                      HTML     50K 
14: EX-31.2     Certification -- §302 - SOA'02                      HTML     51K 
15: EX-32       Certification -- §906 - SOA'02                      HTML     48K 
22: R1          Document and Entity Information                     HTML     76K 
23: R2          Consolidated Balance Sheets                         HTML    166K 
24: R3          Consolidated Balance Sheets (Parenthetical)         HTML     76K 
25: R4          Consolidated Statements of Operations               HTML    138K 
26: R5          Consolidated Statements of Operations               HTML     59K 
                (Parenthetical)                                                  
27: R6          Consolidated Statements of Comprehensive Income     HTML     78K 
28: R7          Consolidated Statements of Comprehensive Income     HTML     51K 
                (Loss) (Parenthetical)                                           
29: R8          Consolidated Statements of Equity                   HTML    149K 
30: R9          Consolidated Statements of Cash Flows               HTML    157K 
31: R10         Business and Summary of Significant Accounting      HTML    215K 
                Policies                                                         
32: R11         Prepaid and Other Current Assets                    HTML     55K 
33: R12         Property and Equipment                              HTML     66K 
34: R13         Goodwill and Other Intangible Assets                HTML    128K 
35: R14         Notes Receivable and Other Non-Current Assets       HTML     61K 
36: R15         Acquisitions                                        HTML    203K 
37: R16         Accrued Expenses                                    HTML     59K 
38: R17         Long-Term Obligations                               HTML    366K 
39: R18         Other Non-Current Liabilities                       HTML     52K 
40: R19         Asset Retirement Obligations                        HTML     57K 
41: R20         Fair Value Measurements                             HTML    125K 
42: R21         Income Taxes                                        HTML    180K 
43: R22         Stock-Based Compensation                            HTML    157K 
44: R23         Redeemable Noncontrolling Interests                 HTML     75K 
45: R24         Equity                                              HTML    142K 
46: R25         (Notes)                                             HTML     75K 
47: R26         Earnings Per Common Share                           HTML     75K 
48: R27         Commitments and Contingencies                       HTML     85K 
49: R28         Supplemental Cash Flow Information                  HTML     67K 
50: R29         Business Segments                                   HTML    372K 
51: R30         Related Party Transactions                          HTML     45K 
52: R31         Selected Quarterly Financial Data (Unaudited)       HTML    117K 
53: R32         Subsequent Events                                   HTML     47K 
54: R33         Schedule III - SCHEDULE OF REAL ESTATE AND          HTML    122K 
                ACCUMULATED DEPRECIATION                                         
55: R34         Business and Summary of Significant Accounting      HTML    210K 
                Policies (Policies)                                              
56: R35         Business and Summary of Significant Accounting      HTML    131K 
                Policies (Tables)                                                
57: R36         Prepaid and Other Current Assets (Tables)           HTML     56K 
58: R37         Property and Equipment (Tables)                     HTML     64K 
59: R38         Goodwill and Other Intangible Assets (Tables)       HTML    131K 
60: R39         Notes Receivable and Other Non-Current Assets       HTML     52K 
                (Tables)                                                         
61: R40         Acquisitions (Tables)                               HTML    200K 
62: R41         Accrued Expenses (Tables)                           HTML     59K 
63: R42         Long-Term Obligations (Tables)                      HTML    324K 
64: R43         Other Non-Current Liabilities (Tables)              HTML     51K 
65: R44         Asset Retirement Obligations (Tables)               HTML     56K 
66: R45         Fair Value Measurements (Tables)                    HTML    125K 
67: R46         Income Taxes (Tables)                               HTML    177K 
68: R47         Stock-Based Compensation (Tables)                   HTML    154K 
69: R48         Redeemable Noncontrolling Interests (Tables)        HTML     66K 
70: R49         Equity (Tables)                                     HTML    138K 
71: R50         Other Operating Expenses (Tables)                   HTML     70K 
72: R51         Earnings Per Common Share (Tables)                  HTML     77K 
73: R52         Commitments and Contingencies (Tables)              HTML     72K 
74: R53         Supplemental Cash Flow Information (Tables)         HTML     66K 
75: R54         Business Segments (Tables)                          HTML    376K 
76: R55         Selected Quarterly Financial Data (Unaudited)       HTML    116K 
                (Tables)                                                         
77: R56         Business and Summary of Significant Accounting      HTML    190K 
                Policies (Narrative) (Details)                                   
78: R57         Business and Summary of Significant Accounting      HTML     51K 
                Policies (Changes in Allowances) (Details)                       
79: R58         Business and Summary of Significant Accounting      HTML     50K 
                Policies (Net Foreign Currency Losses) (Details)                 
80: R59         Business and Summary of Significant Accounting      HTML     55K 
                Policies (Cash, Cash Equivalents, And Restricted                 
                Cash) (Details)                                                  
81: R60         Business and Summary of Significant Accounting      HTML     89K 
                Policies (Disaggregation of Revenue) (Details)                   
82: R61         Business and Summary of Significant Accounting      HTML     62K 
                Policies (Schedule of Contract Assets and                        
                Liabilities From Contracts with Tenants) (Details)               
83: R62         Business and Summary of Significant Accounting      HTML     55K 
                Policies (Accounting Standards Updates) (Details)                
84: R63         Prepaid and Other Current Assets (Details)          HTML     60K 
85: R64         Property and Equipment (Details)                    HTML     81K 
86: R65         Property and Equipment (Narrative) (Details)        HTML     53K 
87: R66         Goodwill and Other Intangible Assets (Changes in    HTML     74K 
                the Carrying Value of Goodwill) (Details)                        
88: R67         Goodwill and Other Intangible Assets (Other         HTML     80K 
                Intangible Assets Subject to Amortization)                       
                (Details)                                                        
89: R68         Goodwill and Other Intangible Assets (Narrative)    HTML     53K 
                (Details)                                                        
90: R69         Goodwill and Other Intangible Assets (Expected      HTML     55K 
                Future Amortization Expenses) (Details)                          
91: R70         Notes Receivable and Other Non-Current Assets       HTML     51K 
                (Notes Receivable and Other Non-Current Assets)                  
                (Details)                                                        
92: R71         Notes Receivable and Other Non-Current Assets       HTML     88K 
                (Narrative) (Details)                                            
93: R72         Acquisitions (Merger and Integration Expenses)      HTML     47K 
                (Details)                                                        
94: R73         Acquisitions (Narrative) (Details)                  HTML    111K 
95: R74         Acquisitions (Schedule of Aggregate Purchase        HTML    260K 
                Consideration Paid and the Amount of Assets                      
                Acquired) (Details)                                              
96: R75         Acquisitions (Pro Forma Information) (Unaudited)    HTML     54K 
                (Details)                                                        
97: R76         Acquisitions (Summary Of Acquisition-related        HTML     68K 
                Contingent Consideration Obligations) (Details)                  
98: R77         Accrued Expenses (Details)                          HTML     68K 
99: R78         Long-Term Obligations (Outstanding Amounts)         HTML    226K 
                (Details)                                                        
100: R79         Long-Term Obligations (Current Portion) (Details)   HTML     64K  
101: R80         Long-Term Obligations (Bank Facilities) (Details)   HTML     65K  
102: R81         Long-Term Obligations (Narrative) (Details)         HTML    333K  
103: R82         Long-Term Obligations (Schedule of Line of Credit   HTML     73K  
                Facilities) (Details)                                            
104: R83         Long-Term Obligations (Outline of Key Terms         HTML    129K  
                Related to Outstanding Senior Notes) (Details)                   
105: R84         Long-Term Obligations (India Indebtedness)          HTML     69K  
                (Details)                                                        
106: R85         Long-Term Obligations (Other Subsidiary Debt)       HTML     97K  
                (Details)                                                        
107: R86         Long-Term Obligations (Schedule of Shareholder      HTML     63K  
                Loans) (Details)                                                 
108: R87         Long-Term Obligations (Maturities of Long Term      HTML     69K  
                Debt) (Details)                                                  
109: R88         Other Non-Current Liabilities (Details)             HTML     53K  
110: R89         Asset Retirement Obligations (Changes in Carrying   HTML     58K  
                Value of Asset Retirement Obligations) (Details)                 
111: R90         Asset Retirement Obligations (Narrative) (Details)  HTML     44K  
112: R91         Fair Value Measurements (Assets and Liabilities     HTML     75K  
                Measured at Fair Value on a Recurring Basis)                     
                (Details)                                                        
113: R92         Fair Value Measurements (Narrative) (Details)       HTML    114K  
114: R93         Fair Value Measurements (Contingent Consideration)  HTML     60K  
                (Details)                                                        
115: R94         Fair Value Measurements (Recurring Level 3 Fair     HTML     63K  
                Value Measurements Unobservable Inputs) (Details)                
116: R95         Income Taxes (Income Tax Provision from Continuing  HTML     67K  
                Operations) (Details)                                            
117: R96         Income Taxes (Narrative) (Details)                  HTML     83K  
118: R97         Income Taxes (Reconciliation Between the U.S.       HTML     64K  
                Statutory Rate and the Effective Rate from                       
                Continuing Operations) (Details)                                 
119: R98         Income Taxes (Components of Income from Continuing  HTML     50K  
                Operations Before Income Taxes and Income on                     
                Equity Method Investments) (Details)                             
120: R99         Income Taxes (Components of the Net Deferred Tax    HTML     79K  
                Asset and Related Valuation Allowance) (Details)                 
121: R100        Income Taxes (Valuation Allowance Activity)         HTML     51K  
                (Details)                                                        
122: R101        Income Taxes (Net Operating Loss Carryforwards      HTML     62K  
                Expire) (Details)                                                
123: R102        Income Taxes (Reconciliation of the Beginning and   HTML     61K  
                Ending Amount of Unrecognized Tax Benefits)                      
                (Details)                                                        
124: R103        Stock-Based Compensation (Narrative) (Details)      HTML     99K  
125: R104        Stock-Based Compensation (Summary of Stock-Based    HTML     48K  
                Compensation Expenses) (Details)                                 
126: R105        Stock-Based Compensation (Assumptions Used to       HTML     69K  
                Determine the Grant Date Fair Value for Options                  
                Granted) (Details)                                               
127: R106        Stock-Based Compensation (Summary of the Company's  HTML    101K  
                Option Activity) (Details)                                       
128: R107        Stock-Based Compensation (Schedule of Options       HTML     92K  
                Outstanding) (Details)                                           
129: R108        Stock-Based Compensation (Summary of the Company's  HTML     96K  
                Restricted Stock Unit Activity) (Details)                        
130: R109        REDEEMABLE NONCONTROLLING INTERESTS Narrative       HTML     83K  
                (Details)                                                        
131: R110        Redeemable Noncontrolling Interests (Changes in     HTML     66K  
                Redeemable Noncontrolling Interest) (Details)                    
132: R111        Equity (Narrative) (Details)                        HTML    114K  
133: R112        Equity (Distributions) (Detail)                     HTML     96K  
134: R113        OTHER OPERATING EXPENSES Other Operating Expenses   HTML     51K  
                (Details)                                                        
135: R114        OTHER OPERATING EXPENSES Impairment Charges         HTML     52K  
                (Details)                                                        
136: R115        OTHER OPERATING EXPENSES Narrative (Details)        HTML     60K  
137: R116        Earnings Per Common Share (Schedule of Earnings     HTML     76K  
                Per Basic And Diluted by Common Class) (Details)                 
138: R117        Earnings Per Common Share (Schedule of Shares       HTML     53K  
                Excluded From Computation of Earnings Per Share)                 
                (Details)                                                        
139: R118        Commitments and Contingencies (Narrative)           HTML     92K  
                (Details)                                                        
140: R119        Commitments and Contingencies (Future Minimum       HTML     63K  
                Rental Payments Under Non-Cancelable Operating                   
                Leases) (Details)                                                
141: R120        Commitments and Contingencies (Future Minimum       HTML     63K  
                Payments Under Capital Leases) (Details)                         
142: R121        Commitments and Contingencies (Future Minimum       HTML     58K  
                Rental Receipts Under Operating Lease Agreements)                
                (Details)                                                        
143: R122        Supplemental Cash Flow Information (Supplemental    HTML     73K  
                Cash Flow Information and Non-Cash Investing and                 
                Financing Activities) (Details)                                  
144: R123        Business Segments (Summarized Financial             HTML    155K  
                Information Concerning the Company's Reportable                  
                Segments) (Details)                                              
145: R124        Business Segments (Additional Information Relating  HTML     61K  
                to the Company's Operating Segments) (Details)                   
146: R125        Business Segments (Summarized Geographic            HTML    117K  
                Information Related to the Company's Operating                   
                Revenues and Long-Lived Assets) (Details)                        
147: R126        Business Segments (Major Customers) (Details)       HTML     54K  
148: R127        Selected Quarterly Financial Data (Unaudited)       HTML     81K  
                (Details)                                                        
149: R128        Subsequent Events (Details)                         HTML     62K  
150: R129        Schedule III - SCHEDULE OF REAL ESTATE AND          HTML     63K  
                ACCUMULATED DEPRECIATION (Schedule Of Real Estate                
                And Accumulated Depreciation) (Details)                          
151: R130        Schedule III - SCHEDULE OF REAL ESTATE AND          HTML     86K  
                ACCUMULATED DEPRECIATION (Activity Of Real Estate                
                And Accumulated Depreciation) (Details)                          
152: R9999       Uncategorized Items - amt-20181231.xml              HTML     43K  
154: XML         IDEA XML File -- Filing Summary                      XML    278K  
153: EXCEL       IDEA Workbook of Financial Reports                  XLSX    209K  
16: EX-101.INS  XBRL Instance -- amt-20181231                        XML   7.19M 
18: EX-101.CAL  XBRL Calculations -- amt-20181231_cal                XML    456K 
19: EX-101.DEF  XBRL Definitions -- amt-20181231_def                 XML   1.84M 
20: EX-101.LAB  XBRL Labels -- amt-20181231_lab                      XML   3.51M 
21: EX-101.PRE  XBRL Presentations -- amt-20181231_pre               XML   2.39M 
17: EX-101.SCH  XBRL Schema -- amt-20181231                          XSD    371K 
155: ZIP         XBRL Zipped Folder -- 0001053507-19-000012-xbrl      Zip    595K  


‘EX-10.32’   —   Material Contract


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



 <!   C:   C: 
  Exhibit  


Exhibit 10.32

Employment Letter

Private and confidential

February 1, 2018

Amit Sharma
Employee ID:         
A-20, Niti Bagh
New Delhi-110049

Dear Amit,

We at ATC India Infrastructure Private Limited (“ATC Infra” or “we” and , with correlative meaning, “out” and “us”) are pleased to offer you employment with us. This employment letter along with Annexure I, set out your individual terms and conditions of employment. Your employment, shall also be governed by ATC lnfra’s Human Resources Policies and Procedures Manual and other policies as periodically amended.

Commencement:
The effective date of your employment with us is February 1, 2018 (the “Effective Date”).
 
 
Job Title:
You shall be employed by ATC Infra as Executive Vice President and President Asia or in such other position as ATC Infra may determine from time to time. In this role you shall report to the Board of Directors of ATC Infra.
 
 
Role and Responsibilities:
Although you will be working for ATC Infra, in light of your experience and expertise, ATC Infra may periodically require your support for other American Tower Corporation group companies in India.
 
 
Remuneration & Tax:
As detailed in Annexure I. In addition, you will be eligible to receive bonus as per the policy of ATC Infra.

Pursuant to your request, ATC Infra shall deliver or arrange to have delivered your monetary pay and remuneration after deduction of tax and other applicable deductions in your home country bank account. You will, for this purpose, provide ATC Infra with your home country bank details and account number.

ATC Infra will arrange to provide you appropriate overseas benefits such as medical and dental coverage, vision, or any other benefits under employee's benefit, social welfare, etc. You would be required to make the co-payment wherever applicable.

You will be tax equalized during your employment in India. Accordingly, you will be subject to hypothetical tax and social security deduction equivalent to the estimated tax and social security you would have paid in your home country as a tax resident in accordance with the policies of ATC Infra.
    
You will be subject to India Social Security system and ATC Infra will arrange to make necessary contributions on your behalf.
 
 
Other Benefits:
You will also be entitled to other benefits and entitlements as may be introduced by ATC Infra for its employees from time to time. It is however clarified that such benefits and entitlements are provided on a voluntary basis by ATC Infra and may be liable to change from time to time at the sole discretion of ATC Infra.






Place of Work:
Your place of work shall initially be ATC lnfra's office at Delhi NCR region of India; however, it is expressly understood that your services are transferrable to any of our affiliated companies either in outside or within India at the sole discretion of ATC Infra or such other place(s) whether existing now or in future as may be determined from time to time by ATC Infra. You may also be deputed or seconded to any of our affiliate companies. You shall work under the direction, supervision, control and management and with respect to the work conducted by you solely on behalf of ATC Infra.
 
 
Notice Period:
Notices may be given by either you or ATC Infra upon three (3) months prior written addressed to: (a) in the case of ATC Infra, at ATC lnfra's then registered office, and (b) in your case, at your last known address.

Any notice given by letter shall be deemed to have been given at the tie at which the letter would be delivered in the ordinary course of post or if delivered by hand upon delivery and in proving service by post it shall be sufficient to prove that the notice was properly addressed and posted.
 
 
Termination:
The terms of your termination of employment will be governed as per the policy of ATC Infra.
 
 
Code of Conduct:
You are aware that, in the course of employment under this Agreement, you will have access to, and be entrusted with, information in respect of the business of ATC Infra and its clients and their dealings, transactions and affairs and likewise in relation to its associated companies, all of which information is or may be proprietary and confidential.
 
 
Confidentiality:
You shall not (except in the proper course of your duties), during or after the period of your employment under this Agreement, divulge to any person or otherwise make use of, and shall use your best efforts to prevent the publication or disclosure of, any trade secret or any proprietary or confidential information concerning the business finances of ATC Infra or any of its dealings, transactions or affairs or any trade secret or any such confidential information concerning any of ATC lnfra's associated companies, suppliers, agents, distributors or clients.
 
All notes and memoranda of any trade secrets or confidential information concerning the business of ATC Infra and its associated companies, suppliers, agents, distributors or clients that shall be acquired, received or made by you during the course of your employment shall be the property of ATC Infra and shall be surrendered by you to someone duly authorized by ATC Infra at the termination of your employment or at the request of ATC Infra at any time during the course of this employment.

 
 
Governing Law
& Jurisdiction:
This Agreement is governed by and shall be construed and subject to the laws of India, including taxation laws. The Parties submit to the exclusive jurisdiction of the Indian Courts.
 
 

You are requested to sign on all pages of the appointment letter along with the Annexures and return the duplicate copy of this letter as a token of your acceptance of the terms of appointment.





On behalf of ATC Infra, we take this opportunity to welcome you on board.

ATC INDIA INFRASTRUCTURE PRIVATE LIMITED
 
 
BY:
/s/ Edmund DiSanto    
Name:
Edmund DiSanto, Director
Date:
 
 


Acceptance:
 
 
 
I confirm that I have read, understood and accept the terms and conditions of my employment.
 
 
 
                                          
Name:
Amit Sharma
Date:
 
 
    
        
        


    

    


        
        
        







Annexure I


 
Compensation Sheet
Name: 
Amit Sharma
 
 
 
Designation:
Executive Vice President and President Asia
 
Location:
Gurgaon, India
Offer/Increment Details
 
Particulars
Amount in INR
Please see employment contract.
Components
Per Annum
Per Month
Base Salary
3,92,09,165
32,67,430
 
 
 
 
 
 
Total Cost to Company
7,64,57,864
63,71,489
 
 
 
Important Information
1.
No tax computation has been done to arrive at the above figure.
Employee’s Signature
 
Date


    

    
























Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:2/27/194,  8-K
For Period end:12/31/185
2/1/18
 List all Filings 


23 Subsequent Filings that Reference this Filing

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

 2/27/24  American Tower Corp./MA           10-K       12/31/23  167:22M
 2/23/23  American Tower Corp./MA           10-K       12/31/22  155:23M
 3/30/22  American Tower Corp./MA           424B2                  2:910K                                   Donnelley … Solutions/FA
 3/29/22  American Tower Corp./MA           424B5                  1:883K                                   Donnelley … Solutions/FA
 2/25/22  American Tower Corp./MA           10-K       12/31/21  164:29M
 9/30/21  American Tower Corp./MA           424B2                  1:921K                                   Donnelley … Solutions/FA
 9/29/21  American Tower Corp./MA           424B5                  1:908K                                   Donnelley … Solutions/FA
 9/24/21  American Tower Corp./MA           424B2                  1:938K                                   Donnelley … Solutions/FA
 9/23/21  American Tower Corp./MA           424B5                  1:914K                                   Donnelley … Solutions/FA
 5/19/21  American Tower Corp./MA           424B2                  1:943K                                   Donnelley … Solutions/FA
 5/18/21  American Tower Corp./MA           424B5                  1:927K                                   Donnelley … Solutions/FA
 5/06/21  American Tower Corp./MA           424B2                  1:875K                                   Donnelley … Solutions/FA
 5/05/21  American Tower Corp./MA           424B5                  1:859K                                   Donnelley … Solutions/FA
 3/25/21  American Tower Corp./MA           424B2                  1:918K                                   Donnelley … Solutions/FA
 3/24/21  American Tower Corp./MA           424B5                  1:899K                                   Donnelley … Solutions/FA
 2/25/21  American Tower Corp./MA           10-K       12/31/20  166:30M
11/18/20  American Tower Corp./MA           424B2                  1:1M                                     Donnelley … Solutions/FA
11/17/20  American Tower Corp./MA           424B5                  1:1M                                     Donnelley … Solutions/FA
 9/24/20  American Tower Corp./MA           424B2                  1:1M                                     Donnelley … Solutions/FA
 9/23/20  American Tower Corp./MA           424B5                  1:1M                                     Donnelley … Solutions/FA
 9/03/20  American Tower Corp./MA           424B2                  1:1M                                     Donnelley … Solutions/FA
 9/02/20  American Tower Corp./MA           424B5                  1:1M                                     Donnelley … Solutions/FA
 8/05/20  American Tower Corp./MA           424B2                  1:846K                                   Donnelley … Solutions/FA
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Filing Submission 0001053507-19-000012   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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