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): April 27, 2011
AboveNet, Inc.
(Exact name of registrant as specified in its charter)
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Delaware
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000-23269
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11-3168327
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(State or other jurisdiction
of incorporation)
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(Commission File Number)
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(IRS Employer Identification No.)
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360 Hamilton Avenue
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White Plains, New York
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10601
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(Address of principal executive offices)
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(Zip Code)
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Registrant’s telephone number, including area code: (914) 421-6700
(Former name or former address, if changed since last report)
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 (see General Instruction A.2. below):
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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 Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(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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On April 27, 2011, AboveNet, Inc. (the “Company”) and John Jacquay, the Company’s Senior Vice President for Sales and Marketing, agreed that Mr. Jacquay would resign from his position as Senior Vice President of Sales and Marketing as of July 15, 2011. Mr. Jacquay will continue to be employed by the Company and will provide services on other projects through December 31, 2011, which is the expiration date of his current employment agreement with the Company (the “Contract Expiration Date”), at which time he will separate from the Company. In connection with his separation from the Company on the Contract Expiration Date, Mr. Jacquay will forfeit any unvested stock units held by him as of that date. The Company and Mr. Jacquay have also agreed that his bonus target amount for 2011 will be $304,000. In the event that the Company achieves the adjusted EBITDA target of $198,200,000 in 2011, Mr. Jacquay would be paid his bonus target amount on or before March 15, 2012.
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SIGNATURE
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.
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ABOVENET, INC.
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Date: May 3, 2011
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By:
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/s/ Robert Sokota
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Robert Sokota
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Senior Vice President and General Counsel
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