Common use of Celgene Severance Plan Clause in Contracts

Celgene Severance Plan. As a condition to receiving the MSUs, you acknowledge and agree that (i) the MSUs are subject to performance-based vesting conditions within the meaning of, if applicable, Section 6(e) of the Celgene Corporation U.S. Employee Change in Control Severance Plan (as may be amended and restated from time to time, the “Celgene Severance Plan”), and (ii) the level of performance deemed achieved upon any involuntary termination within two years of a Change in Control (as defined in the Celgene Severance Plan) will be deemed to be below minimum such that no vesting will be deemed to have occurred pursuant to Section 6(e) of the Celgene Severance Plan. Without limiting the foregoing, as a condition to receiving and holding the MSUs, you further (i) agree that this Section 2 of the Agreement will apply upon any termination and Section 6(e) of the Celgene Severance Plan, will not apply, (ii) agree that the actual or deemed acceptance of this Award constitutes written consent to the amendment of the Celgene Severance Plan in a manner consistent with this Section 2(i), and (iii) agree that this Award grant will be immediately terminated and forfeited if Section 6(e) of the Celgene Severance Plan is not considered to be validly amended hereby or otherwise applies to this Agreement.

Celgene Severance Plan. As a condition to receiving the MSUsPerformance Stock Units, you acknowledge and agree that (i) the MSUs Performance Stock Units are subject to performance-based vesting conditions within the meaning of, if applicable, Section 6(e) of the Celgene Corporation U.S. Employee Change in Control Severance Plan (as may be amended and restated from time to time, the “Celgene Severance Plan”), and (ii) the level of performance deemed achieved upon any involuntary termination within two years of a Change in Control (as defined in the Celgene Severance Plan) will be deemed to be below minimum such that no vesting will be deemed to have occurred pursuant to Section 6(e) of the Celgene Severance Plan. Without limiting the foregoing, as a condition to receiving and holding the MSUsPerformance Stock Units, you further (i) agree that this Section 2 6 of the Agreement will apply upon any termination and Section 6(e) of the applicable Celgene Severance Plan, Plan will not apply, (ii) agree that the actual or deemed acceptance of this Award constitutes written consent to the amendment of the Celgene Severance Plan in a manner consistent with this Section 2(i6(e), and (iii) agree that this Award grant will be immediately terminated and forfeited if Section 6(e) of the Celgene Severance Plan is not considered to be validly amended hereby or otherwise applies to this Agreement.

Celgene Severance Plan. As a condition to receiving the MSUsPerformance Stock Units, you acknowledge and agree that (i) the MSUs Performance Stock Units are subject to performance-based vesting conditions within the meaning of, if applicable, Section 6(e) of the Celgene Corporation U.S. Employee Change in Control Severance Plan (as may be amended and restated from time to time, the “Celgene Severance Plan”), and (ii) the level of performance deemed achieved upon any involuntary termination within two years of a Change in Control (as defined in the Celgene Severance Plan) will be deemed to be below minimum such that no vesting will be deemed to have occurred pursuant to Section 6(e) of the Celgene Severance Plan. Without limiting the foregoing, as a condition to receiving and holding the MSUsPerformance Stock Units, you further (i) agree that this Section 2 6 of the Agreement will apply upon any termination and Section 6(e) of the applicable Celgene Severance Plan, Plan will not apply, (ii) agree that the actual or deemed acceptance of this Award award constitutes written consent to the amendment of the Celgene Severance Plan in a manner consistent with this Section 2(i6(e), and (iii) agree that this Award grant award will be immediately terminated and forfeited if Section 6(e) of the Celgene Severance Plan is not considered to be validly amended hereby or otherwise applies to this Agreement.

Celgene Severance Plan. As a condition to receiving the MSUs, you acknowledge and agree that (i) the MSUs are subject to performance-based vesting conditions within the meaning of, if applicable, Section 6(e) of the Celgene Corporation U.S. Employee Change in Control Severance Plan (as may be amended and restated from time to time, the “Celgene Severance Plan”), and (ii) the level of performance deemed achieved upon any involuntary termination within two years of a Change in Control (as defined in the Celgene Severance Plan) will be deemed to be below minimum such that no vesting will be deemed to have occurred pursuant to Section 6(e) of the Celgene Severance Plan. Without limiting the foregoing, as a condition to receiving and holding the MSUs, you further (i) agree that this Section 2 of the Agreement will apply upon any termination and Section 6(e) of the Celgene Severance Plan, Plan will not apply, (ii) agree that the actual or deemed acceptance of this Award constitutes written consent to the amendment of the Celgene Severance Plan in a manner consistent with this Section 2(i), and (iii) agree that this Award grant will be immediately terminated and forfeited if Section 6(e) of the Celgene Severance Plan is not considered to be validly amended hereby or otherwise applies to this Agreement.

Celgene Severance Plan. As a condition to receiving the MSUsPerformance Stock Units, you acknowledge and agree that (i) the MSUs Performance Stock Units are subject to performance-based vesting conditions within the meaning of, if applicable, Section 6(e6(f) of the Celgene Corporation U.S. Employee Change in Control Severance Plan and Section 6(d) of the Celgene Corporation Executive Severance Plan (collectively, and as may be amended and restated from time to time, the “Celgene Severance PlanPlans”), and (ii) the level of performance deemed achieved upon any involuntary termination within two years of a Change in Control (as defined in the applicable Celgene Severance Plan) will be deemed to be below minimum such that no vesting will be deemed to have occurred pursuant to the above referenced Section 6(e) of the applicable Celgene Severance Plan. Without limiting the foregoing, as a condition to receiving and holding the MSUsPerformance Stock Units, you further (i) agree that this Section 2 6 of the Agreement will apply upon any termination and the above referenced Section 6(e) of the applicable Celgene Severance Plan, Plan will not apply, (ii) agree that the actual or deemed acceptance of this Award constitutes written consent to the amendment of the applicable Celgene Severance Plan in a manner consistent with this Section 2(i6(e), and (iii) agree that this Award grant will be immediately terminated and forfeited if the above referenced Section 6(e) of the applicable Celgene Severance Plan is not considered to be validly amended hereby or otherwise applies to this Agreement.

Celgene Severance Plan. As a condition to receiving the MSUs, you acknowledge and agree that (i) the MSUs are subject to performance-based vesting conditions within the meaning of, if applicable, Section 6(e) of the Celgene Corporation U.S. Employee Change in Control Severance Plan (as may be amended and restated from time to time, the “Celgene Severance Plan”), and (ii) the level of performance deemed achieved upon any involuntary termination within two years of a Change in Control (as defined in the Celgene Severance Plan) will be deemed to be below minimum such that no vesting will be deemed to have occurred pursuant to Section 6(e) of the Celgene Severance Plan. Without limiting the foregoing, as a condition to receiving and holding the MSUs, you further (i) agree that this Section 2 of the Agreement will apply upon any termination and Section 6(e) of the Celgene Severance Plan, will not apply, (ii) agree that the actual or deemed acceptance of this Award constitutes written consent to the amendment of the Celgene Severance Plan in a manner consistent with this Section 2(i), and (iii) agree that this Award grant will be immediately terminated and forfeited if Section 6(e) of the Celgene Severance Plan is not considered to be validly amended hereby or otherwise applies to this Agreement.

Celgene Severance Plan. As a condition to receiving the MSUsPerformance Stock Units, you acknowledge and agree that (i) the MSUs Performance Stock Units are subject to performance-based vesting conditions within the meaning of, if applicable, Section 6(e) of the Celgene Corporation U.S. Employee Change in Control Severance Plan (as may be amended and restated from time to time, the “Celgene Severance Plan”), and (ii) the level of performance deemed achieved upon any involuntary termination within two years of a Change in Control (as defined in the Celgene Severance Plan) will be deemed to be below minimum such that no vesting will be deemed to have occurred pursuant to Section 6(e) of the Celgene Severance Plan. Without limiting the foregoing, as a condition to receiving and holding the MSUsPerformance Stock Units, you further (i) agree that this Section 2 6 of the Agreement will apply upon any termination and Section 6(e) of the applicable Celgene Severance Plan, Plan will not apply, (ii) agree that the actual or deemed acceptance of this Award constitutes written consent to the amendment of the Celgene Severance Plan in a manner consistent with this Section 2(i6(e), and (iii) agree that this Award grant will be immediately terminated and forfeited if Section 6(e) of the Celgene Severance Plan is not considered to be validly amended hereby or otherwise applies to this Agreement.