Certificates for Shares; Rights as Shareholder. The Participant and his or her legal representatives, legatees or distributees shall not be deemed to be the holder of any shares subject to the Award and shall not have any rights of a shareholder unless and until (and then only to the extent that) certificates for such Shares have been issued and delivered to him or her or them (or, in the case of uncertificated shares, other written evidence of ownership in accordance with Applicable Law shall have been provided). A certificate or certificates for Shares subject to the Award shall be issued in the name of the Participant (or, in the case of uncertificated shares, other written notice of ownership in accordance with Applicable Law shall be provided) as soon as practicable after the Award has been granted. Notwithstanding the foregoing, the Administrator may require that (a) the Participant deliver the certificate(s) (or other instruments) for the Shares to the Administrator or its designee to be held in escrow until the Award vests and is no longer subject to a substantial risk of forfeiture (in which case the Shares will be promptly released to the Participant) or is forfeited (in which case the Shares shall be returned to the Company); and/or (b) the Participant deliver to the Company a stock power endorsed in blank (or similar instrument), relating to the Shares subject to the Award which are subject to forfeiture. Except as otherwise provided in the Plan or this Agreement, the Participant shall have all voting, dividend and other rights of a shareholder with respect to the Shares following issuance of the certificate or certificates for the Shares; provided, however, that if any cash or non-cash dividends are declared and paid by the Company with respect to any such Shares, such dividends shall be subject to the same vesting schedule, forfeiture terms and other restrictions as are applicable to the Shares upon which such dividends are paid.
Appears in 3 contracts
Samples: Restricted Stock Award Agreement (Old Dominion Freight Line, Inc.), Restricted Stock Award Agreement (Old Dominion Freight Line Inc/Va), Restricted Stock Award Agreement (Old Dominion Freight Line Inc/Va)
Certificates for Shares; Rights as Shareholder. The Unless the Board determines otherwise, (a) the Participant shall have voting rights and his (except as provided in clause (b) below) other rights as a shareholder with respect to all Shares subject to the Award, without regard to whether the Shares have vested; and (b) notwithstanding clause (a) herein, any dividends (whether cash or her legal representatives, legatees or distributees shall not be deemed to be the holder of any shares stock) on Shares subject to the Award shall accrue but shall be subject to the same restrictions that apply to the corresponding Shares and thus the Participant shall not have any rights of a shareholder unless right to dividends with respect to the underlying Shares only if and until (and then only to the extent that) that the corresponding Shares vest. Unless the Board determines otherwise, a certificate or certificates for such Shares have been issued and delivered subject to him or her or them the Award (or, in the case of uncertificated shares, other written evidence of ownership in accordance with Applicable Law shall have been provided). A certificate or certificates for Shares subject to the Award applicable laws, rules and regulations) shall be issued in the name of the Participant (or, in the case of uncertificated shares, other written notice of ownership in accordance with Applicable Law shall be provided) as soon as practicable after the Award has been granted. Notwithstanding the foregoing, the Administrator Board may require that (ai) the Participant deliver the certificate(s) (or other written instruments) for the Shares to the Administrator Board or its designee to be held in escrow until the Award vests and is no longer subject to a substantial risk of forfeiture Shares vest (in which case the Shares will be promptly released to the Participant) or is forfeited (in which case the Shares shall be returned to the CompanyCompany without the payment of any consideration for such Shares); and/or (bii) the Participant deliver to the Company a stock power endorsed in blank (or similar instrument), endorsed in blank, relating to the Shares subject to the Award which that are subject to forfeiture. Except as otherwise provided in the Plan or this Agreement, the Participant shall have all voting, dividend and other rights of a shareholder with respect to the Shares following issuance of the certificate or certificates for the Shares; provided, however, that if any cash or non-cash dividends are declared and paid by the Company with respect to any such Shares, such dividends shall be subject to the same vesting schedule, forfeiture terms and other restrictions as are applicable to the Shares upon which such dividends are paid.
Appears in 2 contracts
Samples: Restricted Stock Award Agreement (Transcend Services Inc), Restricted Stock Award Agreement (Transcend Services Inc)
Certificates for Shares; Rights as Shareholder. The Unless the Administrator determines otherwise, (i) the Participant shall have voting rights and his or her legal representatives, legatees or distributees shall not be deemed (except as provided in clause (ii) below) other rights as a shareholder with respect to be the holder of any shares subject to the portion of the Award and shall that has not have yet vested; (ii) notwithstanding clause (i) herein, the Administrator may determine that any rights of a shareholder unless and until dividends (and then only whether cash or stock) subject to the extent that) Award shall be subject to the same vesting or other restrictions that apply to the shares subject to the Award. Unless the Administrator determines otherwise, a certificate or certificates for such Shares have been issued and delivered subject to him or her or them the Award (or, in the case of uncertificated shares, other written evidence of ownership in accordance with Applicable Law shall have been provided). A certificate or certificates for Shares subject to the Award Laws) shall be issued in the name of the Participant (or, in the case of uncertificated shares, other written notice of ownership in accordance with Applicable Law shall be provided) as soon as practicable after the Award has been granted. Notwithstanding the foregoing, the Administrator may require that (a) the Participant deliver the certificate(s) (or other written instruments) for the Shares to the Administrator or its designee to be held in escrow until the Award vests and is no longer subject to a substantial risk of forfeiture (in which case the Shares will be promptly released to the Participant) or is forfeited (in which case the Shares shall be returned to the CompanyCorporation); and/or (b) the Participant deliver to the Company Corporation a stock power endorsed in blank (or similar instrument), endorsed in blank, relating to the Shares subject to the Award which that are subject to forfeiture. Except as otherwise provided in the Plan or this the Agreement, the Participant shall will have all voting, dividend and other rights of a shareholder with respect to the Shares following issuance of the certificate or certificates for the Shares; provided, however, that if any cash or non-cash dividends are declared and paid by the Company with respect to any such Shares, such dividends shall be subject to the same vesting schedule, forfeiture terms and other restrictions as are applicable to the Shares upon which such dividends are paid.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Charles & Colvard LTD)
Certificates for Shares; Rights as Shareholder. The Unless the Administrator determines otherwise: (i) the Participant shall have voting rights and his or her legal representatives, legatees or distributees shall not be deemed (except as provided in clause (ii) below) other rights as a shareholder with respect to be the holder of any shares subject to the portion of the Award that has not yet vested and shall not have (ii) notwithstanding clause (i) herein, the Administrator may determine that any rights of a shareholder unless and until dividends (and then only whether cash or stock) subject to the extent that) Award shall be subject to the same vesting or other restrictions that apply to the shares subject to the Award. Unless the Administrator determines otherwise, a certificate or certificates for such Shares have been issued and delivered subject to him or her or them the Award (or, in the case of uncertificated shares, other written evidence of ownership in accordance with Applicable Law shall have been provided). A certificate or certificates for Shares subject to the Award Laws) shall be issued in the name of the Participant (or, in the case of uncertificated shares, other written notice of ownership in accordance with Applicable Law shall be provided) as soon as practicable after the Award has been granted. Notwithstanding the foregoing, the Administrator may require that that: (a) the Participant deliver the certificate(s) (or other written instruments) for the Shares to the Administrator or its designee to be held in escrow until the Award vests and is no longer subject to a substantial risk of forfeiture (in which case the Shares will be promptly released to the Participant) or is forfeited (in which case the Shares shall be returned to the Company); Corporation) and/or (b) the Participant deliver to the Company Corporation a stock power endorsed in blank (or similar instrument), endorsed in blank, relating to the Shares subject to the Award which that are subject to forfeiture. Except as otherwise provided in the Plan or this Agreement, the Participant shall will have all voting, dividend and other rights of a shareholder with respect to the Shares following issuance of the certificate or certificates for the Shares; provided, however, that if any cash or non-cash dividends are declared and paid by the Company with respect to any such Shares, such dividends shall be subject to the same vesting schedule, forfeiture terms and other restrictions as are applicable to the Shares upon which such dividends are paid.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Charles & Colvard LTD)