Cash Performance Units. Effective on consummation of the IPO, the cash performance units granted (the “CPUs”) to WhiteWave Employees and Former WhiteWave Employees under the Xxxx Foods Performance Cash Plan that are related, in whole or in part, to the performance of Xxxx Foods after 2012 shall be cancelled, subject to the requirement that payment be made in respect thereto, on a pro-rated basis, based on service completed and the level of achievement of the applicable performance objectives, in each case, through December 31, 2012, as determined by Xxxx Foods. Notwithstanding anything else in this Agreement to the contrary, the appropriate member of the Xxxx Foods Group shall be responsible for the payment of the portion of any such CPU payable to any Transferred Employee (or Delayed Transfer Employee) related to service through the date the IPO is consummated (or, if applicable, the Transfer Date), with the remainder of such award being the responsibility of the member of the WhiteWave Group that employs such person.
Appears in 4 contracts
Samples: Employee Matters Agreement (Dean Foods Co), Employee Matters Agreement (WHITEWAVE FOODS Co), Employee Matters Agreement (WHITEWAVE FOODS Co)
