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Duke Realty Corp, et al. – ‘10-K’ for 12/31/12 – ‘EX-10.4(II)’

On:  Friday, 2/22/13, at 2:22pm ET   ·   For:  12/31/12   ·   Accession #:  783280-13-4   ·   File #s:  0-20625, 1-09044

Previous ‘10-K’:  ‘10-K’ on 2/24/12 for 12/31/11   ·   Next:  ‘10-K’ on 2/21/14 for 12/31/13   ·   Latest:  ‘10-K’ on 2/18/22 for 12/31/21   ·   4 References:   

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

 2/22/13  Duke Realty Corp                  10-K       12/31/12  116:53M
          Duke Realty Limited Partnership

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   3.29M 
 9: EX-10.13(I)  Executives Deferred Compensation Plan of Duke      HTML    139K 
                Realty Services Limited Partnershi                               
10: EX-10.13(II)  Amendment Number One to the Executives Deferred   HTML     38K 
                Compensation Plan of Duke Realty                                 
11: EX-10.14    Directors Deferred Compensation Plan of Duke        HTML     95K 
                Realty Corporation, Amended and Res                              
12: EX-10.15(II)  First Amendment to Letter Agreement Regarding     HTML     56K 
                Executive Severance                                              
13: EX-10.15(III)  Second Amendment to Letter Agreement Regarding   HTML     57K 
                Executive Severance, Dated Decemb                                
14: EX-10.15(IV)  Third Amendment to Letter Agreement Regarding     HTML     47K 
                Executive Severance, Dated Decembe                               
15: EX-10.16(II)  First Amendment to Letter Agreement Regarding     HTML     42K 
                Executive Severance, Dated May 7                                 
16: EX-10.16(III)  Second Amendment to Letter Agreement Regarding   HTML     37K 
                Executive Severance, Dated May 7                                 
 2: EX-10.3(I)  Form of 2005 Long-Term Incentive Plan Award         HTML     59K 
                Certificate for Restricted Stock Uni                             
 3: EX-10.4(I)  The General Partners 2000 Performance Share Plan,   HTML     84K 
                Amended and Restated as of Jan                                   
 4: EX-10.4(II)  Amendment to the Award Certificate Under the       HTML     39K 
                General Partners 2000 Performance S                              
 5: EX-10.5(I)  The General Partners 2010 Performance Share Plan,   HTML     81K 
                A Sub-Plan of the 2005 Long-Te                                   
 6: EX-10.5(II)  Award Certificate Under the General Partners 2010  HTML     48K 
                Performance Share Plan.                                          
 7: EX-10.6     The General Partners 2005 Shareholder Value Plan,   HTML     82K 
                Amended and Restated as of Jan                                   
 8: EX-10.7     The General Partners 2005 Dividend Increase Unit    HTML    102K 
                Replacement Plan Amended and Re                                  
19: EX-21.1     List of the Company's Subsidiaries.                 HTML     50K 
20: EX-23.1     Consent of Kpmg LLP Relating to the General         HTML     38K 
                Partner.                                                         
21: EX-23.2     Consent of Kpmg LLP Relating to the Partnership.    HTML     35K 
22: EX-24.1     Executed Powers of Attorney of Certain Directors.   HTML     71K 
31: EX-99.1     Selected Quarterly Financial Information.           HTML     69K 
17: EX-12.1     Statement of Computation of Ratio of Earnings -     HTML     65K 
                Duke Realty Corporation                                          
18: EX-12.2     Statement of Computation of Ratio of Earnings -     HTML     65K 
                Duke Realty Limited Partnership                                  
23: EX-31.1     Section 302 Certification of Chief Executive        HTML     38K 
                Officer - Duke Realty Corporation                                
24: EX-31.2     Section 302 Certification of the Chief Financial    HTML     38K 
                Officer - Duke Realty Corporati                                  
25: EX-31.3     Section 302 Certification of the Chief Executive    HTML     40K 
                Officer - Duke Realty Limited P                                  
26: EX-31.4     Section 302 Certification of the Chief Financial    HTML     40K 
                Officer - Duke Realty Limited P                                  
27: EX-32.1     Section 906 Certification of the Chief Executive    HTML     36K 
                Officer - Duke Realty Corporati                                  
28: EX-32.2     Section 906 Certification of the Chief Financial    HTML     36K 
                Officer - Duke Realty Corporati                                  
29: EX-32.3     Section 906 Certification of the Chief Executive    HTML     36K 
                Officer - Duke Realty Limited P                                  
30: EX-32.4     Section 906 Certification of the Chief Financial    HTML     36K 
                Officer - Duke Realty Limited P                                  
87: R1          Document and Entity Information Document            HTML     67K 
74: R2          Consolidated Balance Sheets                         HTML    210K 
85: R3          Consolidated Balance Sheets Consolidated Balance    HTML     92K 
                Sheet (Parenthetical)                                            
89: R4          Consolidated Statements of Operations               HTML    225K 
108: R5          Consolidated Statements of Cash Flows               HTML    211K  
76: R6          Consolidated Statement of Changes in Equity         HTML    121K 
84: R7          Consolidated Statement of Changes in Equity         HTML     37K 
                Consolidated Statement of Changes in Equity                      
                (Parenthetical)                                                  
69: R8          The Company                                         HTML     47K 
59: R9          Summary of Significant Accounting Policies          HTML    203K 
109: R10         Significant Acquisitions and Dispositions           HTML    134K  
91: R11         Related Party Transactions                          HTML     48K 
90: R12         Investments in Unconsolidated Companies             HTML     76K 
96: R13         Discontinued Operations and Assets Held for Sale    HTML    101K 
97: R14         Indebtedness                                        HTML    135K 
94: R15         Segment Reporting                                   HTML    184K 
98: R16         Leasing Activities                                  HTML     46K 
86: R17         Employee Benefit Plans                              HTML     39K 
88: R18         Shareholders' Equity                                HTML     68K 
93: R19         Stock Based Compensation                            HTML     57K 
116: R20         Financial Instruments                               HTML     46K  
104: R21         Commitments and Contingencies                       HTML     43K  
80: R22         Subsequent Events                                   HTML     51K 
92: R23         Schedule III                                        HTML   5.66M 
82: R24         Summary of Significant Accounting Policies          HTML    248K 
                (Policies)                                                       
50: R25         Summary of Significant Accounting Policies          HTML     98K 
                (Tables)                                                         
105: R26         Significant Acquisitions and Dispositions (Tables)  HTML    105K  
112: R27         Related Party Transactions (Tables)                 HTML     44K  
64: R28         Investments in Unconsolidated Companies (Tables)    HTML     74K 
63: R29         Discontinued Operations and Assets Held for Sale    HTML    103K 
                (Tables)                                                         
67: R30         Indebtedness (Tables)                               HTML    116K 
68: R31         Segment Reporting (Tables)                          HTML    178K 
70: R32         Leasing Activities (Tables)                         HTML     41K 
44: R33         Shareholders' Equity Shareholders' Equity (Tables)  HTML     54K 
102: R34         Stock Based Compensation (Tables)                   HTML     44K  
78: R35         Subsequent Events (Tables)                          HTML     48K 
81: R36         The Company (Details)                               HTML     37K 
54: R37         Property, Plant and Equipment, Useful Life          HTML     38K 
                (Details)                                                        
115: R38         Summary of Significant Accounting Policies          HTML     47K  
                (Balances Related to Joint Ventures (Details)                    
38: R39         Summary of Significant Accounting Policies          HTML     50K 
                (Convertible Debt) (Details)                                     
71: R40         Summary of Significant Accounting Policies          HTML     38K 
                (General Contractor Revenue) (Details)                           
107: R41         Summary of Significant Accounting Policies (Basic   HTML     68K  
                and Diluted Income) (Details)                                    
52: R42         Summary of Significant Accounting Policies          HTML     52K 
                (Computation of Anti-Dilutive Common Share)                      
                (Details)                                                        
62: R43         Summary of Significant Accounting Policies          HTML     48K 
                (Reconciliation of Net Income to Taxable Income                  
                Before Dividends Paid Deduction) (Details)                       
66: R44         Summary of Significant Accounting Policies          HTML     43K 
                (Computation of Dividends Paid Deduction)                        
                (Details)                                                        
75: R45         Summary of Significant Accounting Policies Tax      HTML     42K 
                Characteristics of Dividends (Details)                           
43: R46         Summary of Significant Accounting Policies (Income  HTML     36K 
                Taxes Paid) (Details)                                            
58: R47         Significant Acquisitions and Dispositions           HTML    104K 
                (Narrative) (Details)                                            
40: R48         Significant Acquisitions and Dispositions (Summary  HTML     60K 
                of Allocation of Fair Value of Amounts Recognized)               
                (Details)                                                        
106: R49         Significant Acquisitions and Dispositions (Summary  HTML     45K  
                of Significant Assumptions Utilized in Estimates)                
                (Details)                                                        
51: R50         Significant Acquisitions and Dispositions           HTML     49K 
                Significant Acquisitions and Dispositions                        
                (Calculation of Gain (Loss) on Acquisition)                      
                (Details)                                                        
103: R51         Significant Acquisitions and Dispositions           HTML     53K  
                Dispositions (Details)                                           
55: R52         Related Party Transactions (Schedule of Fees        HTML     38K 
                Earned from Related Parties) (Details)                           
72: R53         Investments in Unconsolidated Companies             HTML     74K 
                (Summarized Financial Information) (Details)                     
39: R54         Investments in Unconsolidated Companies (Schedule   HTML     55K 
                of Long-term Debt Maturities) (Details)                          
42: R55         Investments in Unconsolidated Companies             HTML     44K 
                (Narrative) (Details)                                            
65: R56         Discontinued Operations and Assets Held for Sale    HTML     45K 
                (Table Illustration of Number of Properties in                   
                Discontinued Operations) (Details)                               
47: R57         Discontinued Operations and Assets Held for Sale    HTML     62K 
                (Table Illustration of Discontinued Operations in                
                Income Statement) (Details)                                      
110: R58         Discontinued Operations and Assets Held for Sale    HTML     47K  
                (Allocation of Shareholders' Income (Loss) Between               
                Continuing and Discontinued Operations) (Details)                
77: R59         Discontinued Operations and Assets Held for Sale    HTML     55K 
                (Aggregate Balance Sheet of Properties Held for                  
                Sale Included in Discontinued Operations)                        
                (Details)                                                        
95: R60         Indebtedness (Narrative) (Details)                  HTML     93K 
57: R61         Indebtedness (Summary of Book Value and Changes in  HTML     56K 
                Fair Value of Debt) (Details)                                    
60: R62         Indebtedness (Unsecured Lines of Credit) (Details)  HTML     57K 
101: R63         Indebtedness Indebtedness (Schedule of Maturities)  HTML     52K  
                (Details)                                                        
99: R64         Indebtedness Secured Debt (Details)                 HTML     86K 
79: R65         Segment Reporting (Summary on Revenues and Funds    HTML    134K 
                from Operations) (Details)                                       
100: R66         Segment Reporting (Reportable Segments              HTML     41K  
                Consolidated Assets) (Details)                                   
56: R67         Segment Reporting Segment Reporting (Second         HTML     41K 
                Generation Capital Expenditures) (Details)                       
83: R68         Leasing Activities (Schedule of Lease Receivables)  HTML     57K 
                (Details)                                                        
111: R69         Employee Benefit Plans (Details)                    HTML     39K  
41: R70         Shareholders' Equity (Details)                      HTML     81K 
49: R71         Stock Based Compensation (RSU Activity) (Details)   HTML     63K 
73: R72         Stock Based Compensation (Narrative) (Details)      HTML     72K 
46: R73         Commitments and Contingencies (Details)             HTML     52K 
114: R74         Subsequent Events (Details)                         HTML     78K  
53: R75         Schedule III (Details)                              HTML   2.42M 
48: R76         Schedule III Real Estate Rollforward (Details)      HTML     77K 
113: XML         IDEA XML File -- Filing Summary                      XML    152K  
61: EXCEL       IDEA Workbook of Financial Reports (.xls)            XLS   9.54M 
32: EX-101.INS  XBRL Instance -- dre-20121231                        XML  14.79M 
34: EX-101.CAL  XBRL Calculations -- dre-20121231_cal                XML    340K 
35: EX-101.DEF  XBRL Definitions -- dre-20121231_def                 XML   1.88M 
36: EX-101.LAB  XBRL Labels -- dre-20121231_lab                      XML   4.36M 
37: EX-101.PRE  XBRL Presentations -- dre-20121231_pre               XML   2.08M 
33: EX-101.SCH  XBRL Schema -- dre-20121231                          XSD    652K 
45: ZIP         XBRL Zipped Folder -- 0000783280-13-000004-xbrl      Zip    766K 


‘EX-10.4(II)’   —   Amendment to the Award Certificate Under the General Partners 2000 Performance S


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 <!   C:   C: 
  2012 10K EX 10.4(ii)  
EXHIBIT 10.4(ii)

AMENDMENT TO THE DUKE REALTY CORPORATION
2000 PERFORMANCE SHARE PLAN
2004 AWARD AGREEMENT

THIS AMENDMENT (this “Amendment”), effective as of July 30, 2008, by and between Duke Realty Corporation, an Indiana corporation (the “Company”), and the undersigned (the “Participant”), amends that certain Performance Share Plan Award Agreement, dated as of January 28, 2004, by and between the Company and the Participant (the “PSP Award Agreement”).

In consideration of the mutual covenants contained herein, the parties agree as follows:

1. The PSP Award Agreement is hereby amended by deleting Section 7 thereof in its entirety and substituting therefor the following:

7.    Payment of Vested Performance Shares. Subject to Section 3.14 of the Plan, as amended on January 30, 2008, payment of vested Performance Shares shall be made in Shares within sixty (60) days after the first to occur of the Participant’s death, Permanent and Total Disability or Separation from Service or a Change in Control of the Company. Payment of the vested Performance Shares shall be made in a single lump sum, unless the Participant shall have previously made an election at or about the time of the original grant to receive payment in annual installments in the event of the Participant’s retirement after age 55. If installment payment was elected, the installments shall commence no later than sixty (60) days following the date of retirement (or such later date as may be required by Section 3.14 of the Plan) and, for purposes of Code Section 409A, such annual installments shall be treated as a single payment. During the installment period, cash dividends will continue to be paid on all unpaid Performance Shares.

2. All other provisions of the PSP Award Agreement shall remain the same.
 
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.

PARTICIPANT
 
 
«Name_First_», Participant
Date


COMPANY
Duke Realty Corporation
 
 
 
By:
Date
 
Vice President, Taxation
 





- 1 -


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:2/22/134
For Period end:12/31/1211-K,  5/A,  ARS
7/30/083,  4,  8-K
1/30/084,  8-K
1/28/044,  8-K
 List all Filings 


4 Subsequent Filings that Reference this Filing

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

 2/18/22  Duke Realty Corp.                 10-K       12/31/21  100:31M
 2/19/21  Duke Realty Corp.                 10-K       12/31/20  101:31M
 5/14/13  SEC                               UPLOAD10/13/17    1:34K  Duke Realty Ltd. Partnership
 4/29/13  SEC                               UPLOAD10/13/17    1:194K Duke Realty Ltd. Partnership
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Filing Submission 0000783280-13-000004   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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