Accelerated Vesting of Stock Awards. (i) In the event of a Change in Control, the vesting and/or exercisability of one hundred percent (100%) of Executive’s outstanding Stock Awards shall be automatically accelerated immediately prior to the Change in Control. (ii) If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason, in each case within twenty-four (24) months following a Change in Control, the vesting and/or exercisability of one hundred percent (100%) of Executive’s outstanding Stock Awards shall be automatically accelerated as of the date of termination. (iii) If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason, in each case prior to a Change in Control or more than twenty-four (24) months following a Change in Control, the vesting and/or exercisability of one hundred percent (100%) of Executive’s outstanding Stock Awards shall be automatically accelerated as of the date of termination (provided that the vesting and/or exercisability of any Stock Awards the vesting of which is performance-based and with respect to which the performance objectives have not been achieved as of the date of termination shall not be accelerated pursuant to this clause (iii)). (iv) The vesting pursuant to clauses (i), (ii) and (iii) of this Section 4(g) shall be cumulative. The foregoing provisions are hereby deemed to be a part of each Stock Award and to supersede any less favorable provision in any agreement or plan regarding such Stock Award.
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Samples: Employment Agreement (Basin Water, Inc.), Employment Agreement (Basin Water, Inc.), Employment Agreement (Basin Water, Inc.)
Accelerated Vesting of Stock Awards. (i) In the event of a Change in Control, the vesting and/or exercisability of one hundred percent (100%) of Executive’s outstanding Stock Awards shall be automatically accelerated immediately prior to the Change in Control.
(ii) If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason, in each case within twenty-four (24) months following a Change in Control, the vesting and/or exercisability of one hundred percent (100%) of Executive’s outstanding Stock Awards shall be automatically accelerated as of the date of termination.
(iii) If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason, in each case prior to a Change in Control or more than twenty-four (24) months following a Change in Control, the vesting and/or exercisability of one hundred percent (100%) of Executive’s outstanding Stock Awards shall be automatically accelerated as of the date of termination (provided that the vesting and/or exercisability of any Stock Awards the vesting of which is performance-based and with respect (including those Stock Awards granted pursuant to which the performance objectives have not been achieved as of the date of termination Section 4(f)(iv)) shall not be accelerated pursuant to this clause (iii)).
(iv) The vesting pursuant to clauses (i), (ii) and (iii) of this Section 4(g) shall be cumulative. The foregoing provisions are hereby deemed to be a part of each Stock Award and to supersede any less favorable provision in any agreement or plan regarding such Stock Award.
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Accelerated Vesting of Stock Awards. (i) In the event of a Change in Control within six (6) months following the Effective Date, the vesting and/or exercisability of twenty-five percent (25%) of Executive’s outstanding Stock Awards shall be automatically accelerated immediately prior to the Change in Control.
(ii) In the event of a Change in Control more than six (6) months following the Effective Date, the vesting and/or exercisability of one hundred percent (100%) of Executive’s outstanding Stock Awards shall be automatically accelerated immediately prior to the Change in Control.
(iiiii) If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason, in each case within twenty-four (24) months following a Change in Control, the vesting and/or exercisability of one hundred percent (100%) of Executive’s outstanding Stock Awards shall be automatically accelerated as of the date of termination; provided, however, that if the termination of Executive’s employment by the Company without Cause or by Executive for Good Reason occurs within six (6) months following the Effective Date, none of Executive’s Stock Awards shall vest on an accelerated basis pursuant to this clause (iii) (although Executive’s Stock Awards may still accelerate pursuant to clauses (i), (ii) and/or (iv), to the extent applicable).
(iiiiv) If Executive’s employment is terminated by the Company without Cause or by Executive for Good Reason, in each case prior to a Change in Control or more than twenty-four (24) months following a Change in Control, the vesting and/or exercisability of one hundred percent (100%) of Executive’s outstanding Stock Awards shall be automatically accelerated as of the date of termination (provided that the vesting and/or exercisability of any Stock Awards the vesting of which is performance-based and with respect to which the performance objectives have not been achieved as of the date of termination shall not be accelerated pursuant to this clause (iiiiv)).
(ivv) The vesting pursuant to clauses (i), (ii), (iii) and (iiiiv) of this Section 4(g) shall be cumulative. The foregoing provisions are hereby deemed to be a part of each Stock Award and to supersede any less favorable provision in any agreement or plan regarding such Stock Award.
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