Delaware
(State or Other Jurisdiction of Incorporation)
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001-31989
(Commission File Number)
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91-2145721
(IRS Employer Identification Number
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12120 Sunset Hills Road, Suite 330, Reston, Virginia
(Address of Principal Executive Offices)
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20190
(Zip Code)
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☐ |
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Securities Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Securities Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Securities Act (17 CFR 240.13e-2(c))
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Item 5.02.
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Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
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ITEM 9.01 |
Financial Statements and Exhibits.
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Exhibit No.
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Description
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Amendment No. 2 to Employment Agreement, dated March 16, 2018, by and between Peter D. Aquino and Internap Corporation.
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INTERNAP CORPORATION
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Date: March 21, 2018
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By:
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/s/ Richard Diegnan
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Richard Diegnan
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SVP and General Counsel
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1.1 |
Employment.
Company agrees to continue to employ Executive and Executive hereby accepts such continued employment with the Company upon the terms and conditions set forth in this Agreement, for the duration of the period (the “
Employment Period
”) that began on September 19, 2016 (“
Start Date
”) and ends on September 19, 2019, but shall automatically renew on the same terms and conditions set forth herein for additional one-year periods (each a “
Renewal Year
”) unless the Company or Executive gives the other party appropriate notice of its election not to renew the Employment Period prior to the renewal date (a “
Non-Renewal Notice
”). If this Agreement is renewed in accordance with this Section, each Renewal Year shall be included in the definition of “Employment Period” for purposes of this Agreement. If this Agreement is not renewed in accordance with this Section, or is otherwise terminated hereunder (i) Executive’s employment shall terminate, and (ii) this Agreement shall no longer be in effect; provided, however, that the restrictive covenants and all post-termination obligations contained in this Agreement shall survive termination of this Agreement. For the avoidance of doubt, the term “Employment Period” shall include the initial three year term and each Renewal Year, and a Termination of Employment by the Company for non-renewal of the Employment Period shall be considered a termination by the Company without Cause and shall be treated as a Qualifying Termination hereunder.
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