Common use of Changes in Shares Clause in Contracts

Changes in Shares. In the event that as a result of a stock dividend, stock split, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganization, the Restricted Stock Units will be increased, reduced or otherwise changed, and by virtue of any such change the Employee will in his capacity as owner of unvested Restricted Stock Units which have been awarded to him (the “Prior Units”) be entitled to new or additional or different restricted stock units, cash, or securities (other than rights or warrants to purchase securities), such new or additional or different restricted stock units, cash, or securities will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior Units, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to the Plan and this Agreement. The Administrator in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional units, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 9 contracts

Samples: Market Based Restricted Stock Unit Agreement (Quantum Corp /De/), Restricted Stock Unit Agreement (Quantum Corp /De/), Restricted Stock Unit Agreement (Quantum Corp /De/)

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Changes in Shares. In the event that as a result of a stock or extraordinary cash dividend, stock split, distribution, reclassification, recapitalization, combination of Shares shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganizationcorporate transaction or event, the Restricted Stock Units Shares will be increased, reduced or otherwise changedaffected, and by virtue of any such change event the Employee will in his or her capacity as owner of unvested Restricted Stock Units Shares which have been awarded to him or her (the “Prior UnitsShares”) be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or other securities or property (other than rights or warrants to purchase securities), ; such new or additional or different restricted stock unitsshares, cash, cash or securities or property will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which that were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Administrator Committee in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of Restricted Stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 6 contracts

Samples: Restricted Stock Agreement, Restricted Stock Agreement (Tibco Software Inc), Restricted Stock Agreement (Tibco Software Inc)

Changes in Shares. In the event that as a result of a stock dividenddividend or other distribution (whether in the form of cash, Shares, other securities, or other property), stock split, reverse stock split, repurchase or exchange of Shares or other securities of the Company, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, split-up, spin-off or other reorganization, or other change in the corporate structure of the Company affecting the Shares, the Restricted Stock Units will be increased, reduced or otherwise changed, as the Administrator deems necessary or appropriate in order to prevent diminution or enlargement of the benefits or potential benefits intended to be made available under the Award, and by virtue of any such change the Employee will in his capacity as owner of unvested Restricted Stock Units which have been awarded to him (the “Prior Units”) be entitled to new or additional or different restricted stock units, cash, or securities (other than rights or warrants to purchase securities)) or other property, such new or additional or different restricted stock units, cash, securities or securities other property will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior Units, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to the Plan and this Agreement. The Administrator in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional units, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 5 contracts

Samples: Market Based Restricted Stock Unit Agreement (Quantum Corp /De/), Restricted Stock Unit Agreement (Quantum Corp /De/), Restricted Stock Unit Agreement (Quantum Corp /De/)

Changes in Shares. In the event that as a result of a stock or extraordinary cash dividend, stock split, distribution, reclassification, recapitalization, combination of Shares shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganizationcorporate transaction or event, the Restricted Stock Units Shares will be increased, reduced or otherwise changedaffected, and by virtue of any such change event the Employee will in his or her capacity as owner of unvested Restricted Stock Units Shares which have been awarded to him or her (the “Prior UnitsShares”) be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or other securities or property (other than rights or warrants to purchase securities), ; such new or additional or different restricted stock unitsshares, cash, cash or securities or property will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which that were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the Employee, provided that until such exercise exercise, any such rights or warrants warrants, and after such exercise exercise, any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Administrator Committee in its absolute sole discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of Restricted Stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 3 contracts

Samples: Restricted Stock Agreement (Applied Materials Inc /De), Restricted Stock Agreement (Applied Materials Inc /De), Restricted Stock Agreement (Applied Materials Inc /De)

Changes in Shares. In the event that as a result of a stock dividend, stock split, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganization, the Restricted Stock Units will be increased, reduced or otherwise changed, and by virtue of any such change the Employee Director will in his capacity as owner of unvested Restricted Stock Units which have been awarded to him (the “Prior Units”) be entitled to new or additional or different restricted stock units, cash, or securities (other than rights or warrants to purchase securities), such new or additional or different restricted stock units, cash, or securities will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to this Agreement and the Plan. If the Employee Director receives rights or warrants with respect to any Prior Units, such rights or warrants may be held or exercised by the EmployeeDirector, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to the Plan and this Agreement. The Administrator Committee in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional units, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Quantum Corp /De/), Restricted Stock Unit Agreement (Quantum Corp /De/)

Changes in Shares. In the event that as a result of a stock dividenddividend or other distribution (whether in the form of cash, Shares, other securities, or other property), stock split, reverse stock split, repurchase or exchange of Shares or other securities of the Company, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, split-up, spin-off or other reorganization, or other change in the corporate structure of the Company affecting the Shares, the Restricted Stock Units will be increased, reduced or otherwise changed, as the Administrator deems necessary or appropriate in order to prevent diminution or enlargement of the benefits or potential benefits intended to be made available under the Award, and by virtue of any such change the Employee will in his capacity as owner of unvested Restricted Stock Units which have been awarded to him (the “Prior Units”) be entitled to new or additional or different restricted stock units, cash, or securities (other than rights or warrants to purchase securities)) or other property, such new or additional or different restricted stock units, cash, securities or securities other property will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to this Agreement and the PlanAgreement. If the Employee receives rights or warrants with respect to any Prior Units, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to the Plan and this Agreement. The Administrator in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional units, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 2 contracts

Samples: Market Based Restricted Stock Unit Agreement (Quantum Corp /De/), Restricted Stock Unit Agreement (Quantum Corp /De/)

Changes in Shares. In the event that as a result of a stock dividend, stock split, reclassification, recapitalization, combination of Shares, exchange of Shares or other change affecting the adjustment in capital stock of the Company or otherwise, or outstanding Common Stock as a result class without the Company’s receipt of a merger, consolidation, spin-off or other reorganizationconsideration, the Restricted Stock Units Shares will be increased, reduced or otherwise changedaffected, and by virtue of any such change event the Employee Grantee will in his or her capacity as owner of unvested Restricted Stock Units Shares which have been awarded to him or her (the “Prior UnitsShares”) be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or other securities or property (other than rights or warrants to purchase securities), such new or additional or different restricted stock unitsshares, cash, cash or securities or property will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which that were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee Grantee receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the EmployeeGrantee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Administrator in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of Restricted Stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Epicor Software Corp), Restricted Stock Agreement (Epicor Software Corp)

Changes in Shares. In the event that as a result of a any merger, reorganization, consolidation, recapitalization, separation, liquidation, stock dividend, stock split-up, reclassificationShare combination, recapitalization, combination of Shares or other change in the adjustment in capital stock corporate structure of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganizationaffecting the Shares, the Restricted Stock Units Shares will be increased, reduced or otherwise changed, and by virtue of any such change the Employee will in his capacity as owner of unvested Shares of Restricted Stock Units which that have been awarded to him (the "Prior Units”Shares") be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or securities (other than rights or warrants to purchase securities), ; such new or additional or different restricted stock unitsshares, cash, cash or securities will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to this Agreement and the PlanAgreement. If the Employee receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Administrator Committee in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Applied Materials Inc /De), Restricted Stock Agreement (Applied Materials Inc /De)

Changes in Shares. In the event that as a result of a stock or extraordinary cash dividend, stock split, distribution, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganizationcorporate transaction or event, the Restricted Stock Units Shares will be increased, reduced or otherwise changedaffected, and by virtue of any such change event the Employee will in his or her capacity as owner of unvested Restricted Stock Units Performance Shares which have been awarded to him or her (the “Prior UnitsShares”) be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or other securities or property (other than rights or warrants to purchase securities), ; such new or additional or different restricted stock unitsshares, cash, cash or securities or property will thereupon be considered to be unvested Restricted Stock Units Performance Shares and will be subject to all of the conditions and restrictions which that were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units Performance Shares and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Administrator Committee in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 1 contract

Samples: Performance Share Agreement (Applied Materials Inc /De)

Changes in Shares. In the event that as a result of a stock dividend, stock split, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganization, the Restricted Stock Units Shares will be increased, reduced or otherwise changed, and by virtue of any such change the Employee Director will in his capacity as owner of unvested Shares of Restricted Stock Units which have been awarded to him (the “Prior UnitsShares”) be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or securities (other than rights or warrants to purchase securities), such new or additional or different restricted stock unitsshares, cash, cash or securities will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee Director receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the EmployeeDirector, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Administrator Committee in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 1 contract

Samples: Restricted Stock Agreement (Quantum Corp /De/)

Changes in Shares. In the event that as a result of a stock dividend, stock split, reclassification, recapitalizationre-capitalization, combination of Shares Common Stock or the adjustment in capital stock of the Company Corporation or otherwise, or as a result of a merger, consolidation, spin-off or other reorganization, the Restricted Common Stock Units will be increased, reduced or otherwise changed, and by virtue of any such change the Employee Participant will in his capacity as owner of unvested Restricted Stock Units Shares which have been awarded to him (the “Prior UnitsShares”) be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or securities (other than rights or warrants to purchase securities), ; such new or additional or different restricted stock unitsshares, cash, cash or securities will thereupon be considered to be unvested Restricted Stock Units Shares and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee Participant receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the EmployeeParticipant, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units Shares and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Plan Administrator in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 1 contract

Samples: Stock Issuance Agreement (Network Appliance Inc)

Changes in Shares. In the event that as a result of a stock or extraordinary cash dividend, stock split, distribution, reclassification, recapitalization, combination of Shares shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganizationcorporate transaction or event, the Restricted Stock Units Shares will be increased, reduced or otherwise changedaffected, and by virtue of any such change event the Employee will in his or her capacity as owner of unvested Restricted Stock Units Shares which have been awarded to him or her (the “Prior UnitsShares”) be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or other securities or property (other than rights or warrants to purchase securities), ; such new or additional or different restricted stock unitsshares, cash, cash or securities or property will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which that were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Administrator in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of Restricted Stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 1 contract

Samples: Restricted Stock Agreement (Tibco Software Inc)

Changes in Shares. In the event that as a result of a stock dividend, stock split, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganization, the Restricted Stock Units Shares will be increased, reduced or otherwise changed, and by virtue of any such change the Employee will in his or her capacity as owner of 3 unvested Shares of Restricted Stock Units which have been awarded to him or her (the "Prior Units”Shares") be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or securities (other than rights or warrants to purchase securities), ; such new or additional or different restricted stock unitsshares, cash, cash or securities will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Administrator Committee in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 1 contract

Samples: Restricted Stock Agreement (Engenio Information Technologies, Inc.)

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Changes in Shares. In the event that as a result of a stock dividend, stock split, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganization, the Restricted Stock Units will be increased, reduced or otherwise changed, and by virtue of any such change the Employee Director will in his capacity as owner of unvested Restricted Stock Units which have been awarded to him (the "Prior Units") be entitled to new or additional or different restricted stock units, cash, or securities (other than rights or warrants to purchase securities), such new or additional or different restricted stock units, cash, or securities will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to this Agreement and the Plan. If the Employee Director receives rights or warrants with respect to any Prior Units, such rights or warrants may be held or exercised by the EmployeeDirector, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to the Plan and this Agreement. The Administrator Committee in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional units, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants. Address for Notices. Any notice to be given to the Company under the terms of this Agreement will be addressed to the Company, in care of the Company's Stock Administration Department, at Quantum Corporation, 0000 Xxxxxxxxxx Xxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or at such other address as the Company may hereafter designate in writing.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Quantum Corp /De/)

Changes in Shares. In the event that as a result of a stock dividenddividend or other distribution (whether in the form of cash, Shares, other securities, or other property), stock split, reverse stock split, repurchase or exchange of Shares or other securities of the Company, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, split-up, spin-off or other reorganization, or other change in the corporate structure of the Company affecting the Shares, the Restricted Stock Units will be increased, reduced or otherwise changed, as the Administrator deems necessary or appropriate in order to prevent diminution or enlargement of the benefits or potential benefits intended to be made available under the Award, and by virtue of any such change the Employee Director will in his capacity as owner of unvested Restricted Stock Units which have been awarded to him (the “Prior Units”) be entitled to new or additional or different restricted stock units, cash, or securities (other than rights or warrants to purchase securities)) or other property, such new or additional or different restricted stock units, cash, securities or securities other property will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to this Agreement and the Plan. If the Employee Director receives rights or warrants with respect to any Prior Units, such rights or warrants may be held or exercised by the EmployeeDirector, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to the Plan and this Agreement. The Administrator Committee in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional units, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Quantum Corp /De/)

Changes in Shares. In the event that as a result of a stock dividenddividend or other distribution (whether in the form of cash, Shares, other securities, or other property), stock split, reverse stock split, repurchase or exchange of Shares or other securities of the Company, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, split‑up, spin-off or other reorganization, or other change in the corporate structure of the Company affecting the Shares, the Restricted Stock Units will be increased, reduced or otherwise changed, as the Administrator deems necessary or appropriate in order to prevent diminution or enlargement of the benefits or potential benefits intended to be made available under the Award, and by virtue of any such change the Employee will in his capacity as owner of unvested Restricted Stock Units which have been awarded to him (the “Prior Units”) be entitled to new or additional or different restricted stock units, cash, or securities (other than rights or warrants to purchase securities)) or other property, such new or additional or different restricted stock units, cash, securities or securities other property will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior Units, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units pursuant to the Plan and this Agreement. The Administrator in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional units, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 1 contract

Samples: Market Based Restricted Stock Unit Agreement (Quantum Corp /De/)

Changes in Shares. In the event that as a result of a stock or extraordinary cash dividend, stock split, distribution, reclassification, recapitalization, combination of Shares the shares of Company common stock or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganizationcorporate transaction or event, the Restricted Stock Share Units will be increased, reduced or otherwise changedaffected, and by virtue of any such change event the Employee Participant will in his or her capacity as owner of unvested Restricted Stock Share Units which that have been awarded to him or her (the “Prior Restricted Share Units”) be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or other securities or property (other than rights or warrants to purchase securities), ; such new or additional or different restricted stock unitsshares, cash, cash or securities or property will thereupon be considered to be unvested Restricted Stock Share Units and will be subject to all of the conditions and restrictions which that were applicable to the Prior Restricted Share Units pursuant to this Agreement and the Plan. If the Employee Participant receives rights or warrants with respect to any Prior Restricted Share Units, such rights or warrants may be held or exercised by the EmployeeParticipant, provided that until such exercise exercise, any such rights or warrants warrants, and after such exercise exercise, any shares or other securities acquired by the exercise of such rights or warrants warrants, will be considered to be unvested Restricted Stock Share Units and will be subject to all of the conditions and restrictions which that were applicable to the Prior Restricted Share Units pursuant to the Plan and this Agreement. The Administrator Board in its absolute sole discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants; provided, however, that the payment of such accelerated new or additional awards will be made in accordance with the provisions of paragraph 5.

Appears in 1 contract

Samples: Restricted Share Unit Agreement (Clean Diesel Technologies Inc)

Changes in Shares. In the event that as a result of a stock or extraordinary cash dividend, stock split, distribution, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganizationcorporate transaction or event, the Restricted Stock Units Shares will be increased, reduced or otherwise changedaffected, and by virtue of any such change event the Employee will in his or her capacity as owner of unvested Restricted Stock Units Shares which have been awarded to him or her (the “Prior UnitsShares”) be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or other securities or property (other than rights or warrants to purchase securities), ; such new or additional or different restricted stock unitsshares, cash, cash or securities or property will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which that were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Administrator Committee in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 1 contract

Samples: Restricted Stock Agreement (Applied Materials Inc /De)

Changes in Shares. In the event that as a result of a stock or extraordinary cash dividend, stock split, distribution, reclassification, recapitalization, combination of Shares shares or the adjustment in capital stock of the Company TIBCO or otherwise, or as a result of a merger, consolidation, spin-off or other reorganizationcorporate transaction or event, the Restricted Stock Units Shares will be increased, reduced or otherwise changedaffected, and by virtue of any such change event the Employee will in his or her capacity as owner of unvested Restricted Stock Units Shares which have been awarded to him or her (the “Prior UnitsShares”) be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or other securities or property (other than rights or warrants to purchase securities), ; such new or additional or different restricted stock unitsshares, cash, cash or securities or property will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which that were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Administrator Committee in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of Restricted Stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 1 contract

Samples: Restricted Stock Agreement (Tibco Software Inc)

Changes in Shares. In the event that as a result of a stock dividend, stock split, reclassification, recapitalization, combination of Shares or the adjustment in capital stock of the Company or otherwise, or as a result of a merger, consolidation, spin-off or other reorganization, the Restricted Stock Units Shares will be increased, reduced or otherwise changed, and by virtue of any such change the Employee will in his or her capacity as owner of unvested Shares of Restricted Stock Units which have been awarded to him or her (the "Prior Units”Shares") be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash or securities (other than rights or warrants to purchase securities), ; such new or additional or different restricted stock unitsshares, cash, cash or securities will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Administrator in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 1 contract

Samples: Restricted Stock Agreement (E Piphany Inc)

Changes in Shares. In the event that as a result of a stock dividend, stock split, reclassification, recapitalization, combination of Shares, exchange of Shares or other change affecting the adjustment in capital stock of the Company or otherwise, or outstanding Common Stock as a result class without the Company’s receipt of a merger, consolidation, spin-off or other reorganizationconsideration, the Restricted Stock Units Shares will be increased, reduced or otherwise changedaffected, and by virtue of any such change event the Employee will in his or her capacity as owner of unvested Restricted Stock Units Shares which have been awarded to him or her (the “Prior UnitsShares”) be entitled to new or additional or different restricted stock unitsshares of stock, cash, cash (including money paid other than as a regular cash dividend) or other securities or property (other than rights or warrants to purchase securities), such new or additional or different restricted stock unitsshares, cash, cash or securities or property will thereupon be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which that were applicable to the Prior Units Shares pursuant to this Agreement and the Plan. If the Employee receives rights or warrants with respect to any Prior UnitsShares, such rights or warrants may be held or exercised by the Employee, provided that until such exercise any such rights or warrants and after such exercise any shares or other securities acquired by the exercise of such rights or warrants will be considered to be unvested Restricted Stock Units and will be subject to all of the conditions and restrictions which were applicable to the Prior Units Shares pursuant to the Plan and this Agreement. The Plan Administrator in its absolute discretion at any time may accelerate the vesting of all or any portion of such new or additional unitsshares of Restricted Stock, cash or securities, rights or warrants to purchase securities or shares or other securities acquired by the exercise of such rights or warrants.

Appears in 1 contract

Samples: Restricted Stock Agreement (Carrier Access Corp)

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