|
Quotes & Info
|
| S > SEC Filings for S > Form 8-K on 19-Dec-2008 | All Recent SEC Filings |
19-Dec-2008
Change in Directors or Principal Officers, Financial Statements and Exhibits
(e) On December 15 and 17, 2008, Messr. Hesse and Ms. Walker, respectively, entered into amended and restated employment agreements with Sprint Nextel Corporation ("Sprint Nextel"). The main purpose of the revisions to the employment agreements is to bring them into compliance with Section 409A of the Internal Revenue Code of 1986, as amended (the "Code").
The effective date of the employment agreement restatements is prospective as of December 31, 2008.
Changes to the employment agreements include:
• Added provisions or amended existing provisions to coordinate payment under the employment agreement with the Sprint Nextel Change in Control Severance Plan.
• Incorporated payment timing provisions referring to the release consideration and revocation period to specify a Section 409A compliant payment date.
In general, documentary changes required by Section 409A that are in the employment agreements include:
• A provision for the six-month delay of payments of deferred compensation as a result of a Separation from Service for "specified employees."
• Specification of Section 409A compliant payment triggering events and payment dates (including a definition of Separation from Service).
o The restatements provide that Separation from Service, and thus
payment under them, is triggered if a participant is no longer
employed by any entity of which Sprint owns 50%, or less depending on
the existence of legitimate business criteria. This is the lowest
threshold of common control for this definition permitted by
Section 409A and different than that used for the previously restated
plans in order to provide the most flexibility to the Company under
employment agreements.
• Section 409A "boilerplate" provisions that provide compensation under the plans is intended to be 409A compliant, time and form of payment is made in accordance with the provisions of Section 409A, and payments may not be accelerated except as otherwise permitted by Section 409A.
A copy of the amended and restated employment agreements for Messr. Hesse and Ms. Walker is attached hereto.
(d) Exhibits
The following exhibits are filed with this report:
Exhibit No. Description
10.1 Amended and Restated Employment Agreement between Daniel R. Hesse
and Sprint Nextel Corporation, effective as of December 31, 2008
10.2 Amended and Restated Employment Agreement between Kathryn A.
Walker and Sprint Nextel Corporation, effective as of December
31, 2008
|
|
|