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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

Form 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of report (Date of earliest event reported): January 3, 2020

 

IMAGE

mobile mini, inc.

(Exact name of registrant as specified in its charter)

 

Delaware

 

1-12804

 

86-0748362

(State or Other Jurisdiction of

Incorporation or Organization)

 

(Commission

File Number)

 

(IRS Employer

Identification Number)

4646 E. Van Buren Street, Suite 400

Phoenix, Arizona 85008

(Address of principal executive offices) (Zip Code)

(480) 894-6311

(Registrant’s telephone number, including area code)

 

Securities registered pursuant to Section 12(b) of the Act:

Title of each class

 

Trading

Symbol(s)

 

Name of each exchange

on which registered

Common Stock, $.01 par value Preferred Share Purchase Rights

 

MINI

 

Nasdaq Global Select Market

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

  ☐ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

  ☐ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

  ☐ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14-d2(b))

  ☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13-4e(c))

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

  ☐ Emerging growth company

  ☐ If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.

 

 

Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

On December 30, 2019, Mobile Mini, Inc. (the “Company”) amended the Employment Agreement of Senior Vice President and Chief Human Resources Officer Mark Krivoruchka. A copy of the amendment is attached hereto as Exhibit 10.1 and is incorporated herein by reference.

Under the amendment, the Company and Mr. Krivoruchka agreed to extend his employment period an additional 12 months, until December 31, 2020, and agreed that certain equity grants will be eligible for acceleration upon such termination date.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

The following exhibits are furnished herewith:

Exhibit

    No.    

   

Description

         
 

10.1

   

Amendment to Employment Agreement between Mobile Mini, Inc. and Mark Krivoruchka, dated December 30, 2019.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Dated: January 3, 2020

 

 

MOBILE MINI, INC.

         

 

 

/s/ Christopher J. Miner

 

 

Name:

 

Christopher J. Miner

 

 

Title:

 

Senior Vice President and General Counsel

Exhibit 10.1

AMENDMENT TO

EMPLOYMENT AGREEMENT

THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into as of this 30th day of December, 2019 (the “Effective Date”), by and between MOBILE MINI, INC., a Delaware corporation (the “Company’) and Mark Krivoruchka (the “Employee”).

RECITALS:

WHEREAS, the Company and Employee entered into that certain Employment Agreement, dated as of November 30, 2017 (the “Employment Agreement”), under which Employee’s employment was to terminate December 31, 2019; and

WHEREAS, the parties now wish to extend the employment period one year and clarify the availability of certain benefits at the end of the employment period (previously available at the end of a consulting period).

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the parties hereto hereby agree as follows, effective as of the Effective Date:

1.    Section 2 of the Employment Agreement is amended and restated to read as follows (revisions are underlined):

“2.    Term. This Agreement shall be effective for a term commencing on the date hereof and, subject to termination under Section 5, expiring on December 31, 2020 (the “Employment Period”). Following the Employment Period (if this Agreement is not otherwise terminated in accordance with its terms), the Employee shall be eligible to become a consultant to the Company for the period of one year, or until December 31, 2021 (the “Consulting Period”). During the Consulting Period, the Employee shall provide consulting and transition services at the request of the Company in exchange for an hourly rate to be based upon the Employee’s Base Salary in effect at the end of the Employment Period. At the end of the Employment Period, if the Employee is in compliance with his obligations hereunder (or any other agreement with the Company then in effect), the Employee shall be entitled to the Accelerated Equity Benefit in Section 6(b)(iii).”

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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Effective Date.

 

MOBILE MINI, INC.
By:  

/s/ Kelly Williams

Title:   President & CEO

 

EMPLOYEE

/s/ Mark Krivoruchka

Mark Krivoruchka

[Amendment to Employment Agreement Signature Page]