Common use of 2009 Emergence Incentive Plan Award Clause in Contracts

2009 Emergence Incentive Plan Award. Within ten (10) days following the Effective Date, the Executive shall be granted a combination of non-qualified stock options and either restricted stock or restricted stock units in settlement of the Executive’s participation in the Company’s Emergence Incentive Plan (the “EIP”) for the 2009 fiscal year with an aggregate value equal to no less than $200,000. The terms and conditions applicable to such equity awards shall be no less favorable to the Executive than as set forth on Exhibit A attached hereto.

2009 Emergence Incentive Plan Award. Within ten (10) days following the Effective Date, the Executive shall be granted a combination of non-qualified stock options and either restricted stock or restricted stock units in settlement of the Executive’s participation in the Company’s Emergence Incentive Plan (the “EIP”) for the 2009 fiscal year with an aggregate value equal to no less than $200,000625,000. The terms and conditions applicable to such equity awards shall be no less favorable to the Executive than as set forth on Exhibit A attached hereto.

2009 Emergence Incentive Plan Award. Within ten (10) days following the Effective Date, the Executive shall be granted a combination of non-qualified stock options and either restricted stock or restricted stock units in settlement of the Executive’s participation in the Company’s Emergence Incentive Plan (the “EIP”) for the 2009 fiscal year with an aggregate value equal to no less than $200,000275,000. The terms and conditions applicable to such equity awards shall be no less favorable to the Executive than as set forth on Exhibit A attached hereto.

2009 Emergence Incentive Plan Award. Within ten (10) days following the Effective Date, the Executive shall be granted a combination of non-qualified stock options and either restricted stock or restricted stock units in settlement of the Executive’s participation in the Company’s Emergence Incentive Plan (the “EIP”) for the 2009 fiscal year with an aggregate value equal to no less than $200,000325,000. The terms and conditions applicable to such equity awards shall be no less favorable to the Executive than as set forth on Exhibit A attached hereto.

2009 Emergence Incentive Plan Award. Within ten (10) days following the Effective Date, the Executive shall be granted a combination of non-qualified stock options and either restricted stock or restricted stock units in settlement of the Executive’s participation in the Company’s Emergence Incentive Plan (the “EIP”) for the 2009 fiscal year with an aggregate value equal to no less than $200,0002,500,000. The terms and conditions applicable to such equity awards shall be no less favorable to the Executive than as set forth on Exhibit A attached hereto.