Consent and Agreement With Respect to Plan. The Optionee (a) acknowledges that the Plan and the prospectus relating thereto are available to the Optionee on the website maintained by the Stock Plan Administrator; (b) represents that the Optionee has read and is familiar with the terms and provisions thereof, has had an opportunity to obtain the advice of counsel of the Optionee's choice prior to executing this Agreement and fully understands all provisions of the Agreement and the Plan; (c) accepts this Option subject to all of the terms and provisions thereof; (d) consents and agrees to all amendments that have been made to the Plan since it was adopted in 2007 (and for the avoidance of doubt consents and agrees to each amended term reflected in the Plan as in effect on the date of this Agreement), and consents and agrees that all options and restricted stock units, if any, held by the Optionee that were previously granted under the Plan as it has existed from time to time are now governed by the Plan as in effect on the date of this Agreement (except to the extent the Committee has expressly provided that a particular Plan amendment does not apply retroactively); and (e) agrees to accept as binding, conclusive and final all decisions or interpretations of the Committee upon any questions arising under the Plan or this Agreement. 405090010-v5\NA_DMS 14 [If the Agreement is signed in paper form, complete and execute the following:] OPTIONEE XXXXXXX CORPORATION Signature Signature Print Name Print Name Title Residence Address Declaration of Data Privacy Consent. By providing the additional signature below, the Optionee explicitly declares the Optionee's consent to the data processing operations described in Section 14 of this Agreement. This includes, without limitation, the transfer of the Optionee's Personal Information to, and the processing of such data by, the Company, the Employer or, as the vase may be, the Stock Plan Administrator in the United States. The undersigned may withdraw the Optionee's consent at any time, with future effect and for any or no reason as described in Section 14 of this Agreement. OPTIONEE Signature
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Consent and Agreement With Respect to Plan. The Optionee Participant (a1) acknowledges that the Plan and the prospectus relating thereto are available to the Optionee Participant on the website maintained by the Stock Plan AdministratorCompany’s third party stock plan administrator; (b2) represents that the Optionee he or she has read and is familiar with the terms and provisions thereof, has had an opportunity to obtain the advice of counsel of the Optionee's his or her choice prior to executing this Agreement and fully understands all provisions of the Agreement and the Plan; (c3) accepts this Option these PSUs subject to all of the terms and provisions thereof; (d4) consents and agrees to all amendments that have been made to the Plan since it was adopted in 2007 2016 (and for the avoidance of doubt consents and agrees to each amended term reflected in the Plan as in effect on the date of this Agreement), and consents and agrees that all options and options, restricted stock unitsunits and PSUs, if any, held by the Optionee Participant that were previously granted under the Plan as it has existed from time to time are now governed by the Plan as in effect on the date of this Agreement (except to the extent the Committee has expressly provided that a particular Plan amendment does not apply retroactively); and (e5) agrees to accept as binding, conclusive and final all decisions or interpretations of the Committee upon any questions arising under the Plan or this Agreement. 405090010-v5\NA_DMS 14 [If PARTICIPANT FORTIVE CORPORATION
1. Performance Criteria. For the avoidance of doubt, terms defined in the Agreement is signed will have the same definition in paper form, complete and execute this Addendum A-1. The number rTSR PSUs awarded hereunder that vest will be determined based on the following:] OPTIONEE XXXXXXX CORPORATION Signature Signature Print Name Print Name Title Residence Address Declaration of Data Privacy ConsentCompany’s relative total shareholder return (“TSR”) percentile for the Performance Period. By providing the additional signature below, the Optionee explicitly declares the Optionee's consent to the data processing operations described in Section 14 of this Agreement. This includes, without limitation, the transfer The percentage of the Optionee's Personal Information to, Target rTSR PSUs (and the processing of such data by, the Company, the Employer or, related Dividend Equivalent Rights) that vest will be determined as the vase may be, the Stock Plan Administrator in the United States. The undersigned may withdraw the Optionee's consent at any time, with future effect and for any or no reason as described in Section 14 of this Agreement. OPTIONEE Signaturefollows:
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Consent and Agreement With Respect to Plan. The Optionee Participant (a) acknowledges that the Plan and the prospectus relating thereto are available to the Optionee Participant on the website maintained by the Stock Plan Administrator; (b) represents that the Optionee Participant has read and is familiar with the terms and provisions thereof, has had an opportunity to obtain the advice of counsel of the Optionee's Participant’s choice prior to executing this Agreement and fully understands all 405090014-v5\NA_DMS 13 provisions of the this Agreement and the Plan; (c) accepts this Option these RSUs subject to all of the terms and provisions thereof; (d) consents and agrees to all amendments that have been made to the Plan since it was adopted in 2007 (and for the avoidance of doubt consents and agrees to each amended term reflected in the Plan as in effect on the date of this Agreement), and consents and agrees that all options and restricted stock units, if any, held by the Optionee Participant that were previously granted under the Plan as it has existed from time to time are now governed by the Plan as in effect on the date of this Agreement (except to the extent the Committee has expressly provided that a particular Plan amendment does not apply retroactively); and (e) agrees to accept as binding, conclusive and final all decisions or interpretations of the Committee upon any questions arising under the Plan or this Agreement. 405090010405090014-v5\NA_DMS 14 [If the Agreement is signed in paper form, complete and execute the following:] OPTIONEE PARTICIPANT XXXXXXX CORPORATION Signature Signature Print Name Print Name Title Residence Address Declaration of Data Privacy Consent. By providing the additional signature below, the Optionee undersigned explicitly declares the Optionee's Participant’s consent to the data processing operations described in Section 14 13 of this Agreement. This includes, without limitation, the transfer of the OptioneeParticipant's Personal Information to, and the processing of such data by, the Company, the Employer or, as the vase case may be, the Stock Plan Administrator in the United States. The undersigned may withdraw the Optionee's Participant’s consent at any time, with future effect and for any or no reason as described in Section 14 13 of this Agreement. OPTIONEE PARTICIPANT: Signature
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Samples: Restricted Stock Unit Agreement (Danaher Corp /De/)
Consent and Agreement With Respect to Plan. The Optionee Participant (a) acknowledges that the Plan and the prospectus relating thereto are available to the Optionee Participant on the website maintained by the Stock Plan Administrator; (b) represents that the Optionee he or she has read and is familiar with the terms and provisions thereof, has had an opportunity to obtain the advice of counsel of the Optionee's his or her choice prior to executing this Agreement and fully understands all provisions of the Agreement and the Plan; (c) accepts this Option these PSUs subject to all of the terms and provisions thereof; (d) consents and agrees to all amendments that have been made to the Plan since it was adopted in 2007 (and for the avoidance of doubt consents and agrees to each amended term reflected in the Plan as in effect on the date of this Agreement), and consents and agrees that all options and options, restricted stock unitsunits and PSUs, if any, held by the Optionee Participant that were previously granted under the Plan as it has existed from time to time are now governed by the Plan as in effect on the date of this Agreement (except to the extent the Committee has expressly provided that a particular Plan amendment does not apply retroactively); and (e) agrees to accept as binding, conclusive and final all decisions or interpretations of the Committee upon any questions arising under the Plan or this Agreement. 405090010-v5\NA_DMS 14 [If PARTICIPANT XXXXXXX CORPORATION PARTICIPANT:
1. Performance Criteria. For the avoidance of doubt, terms defined in the Agreement is signed will have the same definition in paper formthis Addendum A. The percentage of Target PSUs (and related Dividend Equivalent Rights) awarded hereunder that vest will be determined based on the Company’s (1) relative total shareholder return (“TSR”) percentile for the TSR Performance Period, complete and execute (2) return on invested capital (“ROIC”) performance for the following:] OPTIONEE XXXXXXX CORPORATION Signature Signature Print Name Print Name Title Residence Address Declaration ROIC Performance Period, determined as follows:
(a) First, a preliminary vesting percentage of Data Privacy Consent. By providing Target PSUs will be determined based on TSR percentile rank, per the additional signature table below (for TSR Percentile Rank performance between the levels indicated below, the Optionee explicitly declares portion of the Optionee's consent PSUs that vest will be determined on a straight-line basis (i.e., linearly interpolated) between the two nearest levels indicated below): 75th percentile and above 200% 55th percentile 100% 35th percentile 50% Below 35th percentile 0%
(b) The final percentage of Target PSUs (and related Dividend Equivalent Rights) awarded hereunder that vest is equal to the data processing operations described product of (i) the preliminary vesting percentage of Target PSUs identified in Section 14 1(a) of this Agreement. This includesAddendum A, without limitationand (ii) the applicable ROIC Modifier Factor identified per the table below based on the Company’s Three Year Average ROIC Change: At or above + 200 basis points 110% Below + 200 basis points and above zero basis points 100% At or below zero basis points 90% All PSUs that do not vest will terminate.
(c) Notwithstanding the foregoing:
(i) if the Company’s TSR for the Performance Period is positive, the transfer minimum final vesting percentage shall be twenty-five percent (25%) of the Optionee's Personal Information to, and Target PSUs;
(ii) if the processing of such data byCompany’s TSR for the Performance Period is negative, the Companymaximum final vesting percentage shall be one hundred percent (100%) of the Target PSUs;
(iii) the final vesting percentage cannot exceed two hundred percent (200%) of the Target PSUs; and
(iv) for the avoidance of doubt, with respect to Section 1(c)(i), (ii) and (iii) above, the Employer or, as ROIC Modifier Factor shall not apply if such factor would reduce the vase may be, the Stock Plan Administrator final vesting percentage below 25% in the United States. The undersigned may withdraw case of (i) above, increase the Optionee's consent at final vesting percentage above 100% in the case of (ii) above or increase the final vesting percentage above 200% in any time, with future effect and for any or no reason as described in Section 14 of this Agreement. OPTIONEE Signaturecircumstance.
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Samples: Performance Stock Unit Agreement (Danaher Corp /De/)
Consent and Agreement With Respect to Plan. The Optionee (a) acknowledges that the Plan and the prospectus relating thereto are available to the Optionee on the website maintained by the Stock Plan Administrator; (b) represents that the Optionee has read and is familiar with the terms and provisions thereof, has had an opportunity to obtain the advice of counsel of the Optionee's choice prior to executing this Agreement and fully understands all provisions of the Agreement and the Plan; (c) accepts this Option subject to all of the terms and provisions thereof; (d) consents and agrees to all amendments that have been made to the Plan since it was adopted in 2007 (and for the avoidance of doubt consents and agrees to each amended term reflected in the Plan as in effect on the date of this Agreement), and consents and agrees that all options and restricted stock units, if any, held by the Optionee that were previously granted under the Plan as it has existed from time to time are now governed by the Plan as in effect on the date of this Agreement (except to the extent the Committee has expressly provided that a particular Plan amendment does not apply retroactively); the
(a) Data Collection, Processing and (e) agrees Usage. Pursuant to accept as binding, conclusive and final all decisions or interpretations of the Committee upon any questions arising under the Plan or this Agreement. 405090010-v5\NA_DMS 14 [If the Agreement is signed in paper form, complete and execute the following:] OPTIONEE XXXXXXX CORPORATION Signature Signature Print Name Print Name Title Residence Address Declaration of Data Privacy Consent. By providing the additional signature belowapplicable data protection laws, the Optionee explicitly declares is hereby notified that the Company collects, processes, and uses certain personally-identifiable information about the Optionee's consent to ; specifically, including the data processing operations described Optionee’s name, home address, email address and telephone number, date of birth, social insurance/passport or other identification number (e.g., resident registration number), salary, citizenship, job title, any Shares or directorships held in Section 14 the Company, and details of this Agreementall Options or any other equity compensation awards granted, cancelled, exercised, vested, or outstanding in the Optionee’s favor, which the Company receives from the Optionee or the Employer (“Personal Information”). This includes, without limitationIn granting the Options under the Plan, the transfer of Company will collect the Optionee's ’s Personal Information tofor purposes of allocating Shares and implementing, administering and managing the Plan. The Company’s legal basis for collecting, processing and using the Optionee’s Personal Information will be the Company's legitimate interest of such data bymanaging the Plan and generally administering employee equity awards, the Company, 's necessity to execute its contractual obligations under the Employer or, as the vase may be, the Stock Plan Administrator in the United StatesAgreement and to comply with its legal obligations. The undersigned may withdraw the Optionee's consent at any time, with future effect and for any or no reason as described in Section 14 of this Agreement. OPTIONEE Signature’s refusal to
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Consent and Agreement With Respect to Plan. The Optionee Participant (a1) acknowledges that the Plan and the prospectus relating thereto are available to the Optionee Participant on the website maintained by the Stock Plan AdministratorCompany’s third party stock plan administrator; (b2) represents that the Optionee he or she has read and is familiar with the terms and provisions thereof, has had an opportunity to obtain the advice of counsel of the Optionee's his or her choice prior to executing this Agreement and fully understands all provisions of the Agreement and the Plan; (c3) accepts this Option these PSUs subject to all of the terms and provisions thereof; (d4) consents and agrees to all amendments that have been made to the Plan since it was adopted in 2007 2016 (and for the avoidance of doubt consents and agrees to each amended term reflected in the Plan as in effect on the date of this Agreement), and consents and agrees that all options and options, restricted stock unitsunits and PSUs, if any, held by the Optionee Participant that were previously granted under the Plan as it has existed from time to time are now governed by the Plan as in effect on the date of this Agreement (except to the extent the Committee has expressly provided that a particular Plan amendment does not apply retroactively); and (e5) agrees to accept as binding, conclusive and final all decisions or interpretations of the Committee upon any questions arising under the Plan or this Agreement. 405090010-v5\NA_DMS 14 [If PARTICIPANT FORTIVE CORPORATION
1. Performance Criteria. For the avoidance of doubt, terms defined in the Agreement is signed will have the same definition in paper form, complete this Addendum A. The number PSAs awarded hereunder that vest will be determined based on the Company’s relative total shareholder return (“TSR”) percentile for the Performance Period. The percentage of the Target PSAs (and execute related Dividend Equivalent Rights) that vest will be determined as follows: 75th percentile and above 200% 55th percentile 100% 35th percentile 50% Below 35th percentile 0% For TSR Percentile Rank performance for the following:] OPTIONEE XXXXXXX CORPORATION Signature Signature Print Name Print Name Title Residence Address Declaration of Data Privacy Consent. By providing Performance Period between the additional signature belowlevels indicated above, the Optionee explicitly declares the Optionee's consent to the data processing operations described in Section 14 of this Agreement. This includes, without limitation, the transfer portion of the Optionee's Personal Information toPSAs that vest will be determined on a straight-line basis (i.e., and linearly interpolated) between the processing of such data by, two nearest vesting percentages indicated above. The PSAs that do not vest will terminate. Notwithstanding the foregoing:
(a) if the Company’s TSR for the Performance Period is positive, in no event shall less than twenty-five percent (25%) of the Employer orTarget PSAs vest; and
(b) if the Company’s TSR for the Performance Period is negative, as in no event shall more than one hundred percent (100%) of the vase may be, the Stock Plan Administrator in the United States. The undersigned may withdraw the Optionee's consent at any time, with future effect and for any or no reason as described in Section 14 of this Agreement. OPTIONEE SignatureTarget PSAs vest.
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Consent and Agreement With Respect to Plan. The Optionee Participant (a1) acknowledges that the Plan and the prospectus relating thereto are available to the Optionee Participant on the website maintained by the Stock Plan AdministratorCompany’s third party stock plan administrator; (b2) represents that the Optionee he or she has read and is familiar with the terms and provisions thereof, has had an opportunity to obtain the advice of counsel of the Optionee's his or her choice prior to executing this Agreement and fully understands all provisions of the Agreement and the Plan; (c3) accepts this Option these RSUs subject to all of the terms and provisions thereof; (d4) consents and agrees to all amendments that have been made to the Plan since it was adopted in 2007 2016 (and for the avoidance of doubt consents and agrees to each amended term reflected in the Plan as in effect on the date of this Agreement), and consents and agrees that all options and restricted stock units, if any, held by the Optionee Participant that were previously granted under the Plan as it has existed from time to time are now governed by the Plan as in effect on the date of this Agreement (except to the extent the Committee has expressly provided that a particular Plan amendment does not apply retroactively); and (e5) agrees to accept as binding, conclusive and final all decisions or interpretations of the Committee upon any questions arising under the Plan or this Agreement. 405090010-v5\NA_DMS 14 [If the Agreement is signed in paper form, complete and execute the following:] OPTIONEE XXXXXXX CORPORATION Signature Signature Print Name Print Name Title Residence Address Declaration This Addendum includes additional terms and conditions that govern the RSUs granted to Participant if Participant works and/or resides in one of Data Privacy Consentthe countries listed herein. By providing Capitalized terms used but not defined herein shall have the additional signature belowsame meanings ascribed to them in the Notice of Grant, the Optionee explicitly declares Agreement or the Optionee's consent Plan. This Addendum may also include information regarding exchange controls and certain other issues of which Participant should be aware with respect to Participant’s participation in the Plan. The information is based on the securities, exchange control and other laws concerning RSUs in effect as of March 2016. Such laws are often complex and change frequently. As a result, the Company strongly recommends that Participant not rely on the information noted herein as the only source of information relating to the data processing operations described consequences of Participant’s participation in Section 14 the Plan as the information may be out of date at the time Participant vests in the RSUs or sells Shares acquired under the Plan. In addition, this Agreement. This includes, without limitation, the transfer of the Optionee's Personal Information toAddendum is general in nature and may not apply to Participant’s particular situation, and the processing Company is not in a position to assure Participant of such data byany particular result. Accordingly, Participant should seek appropriate professional advice as to how the relevant laws in Participant’s country apply to Participant’s specific situation. Section 4(c) of this Agreement (Retirement) shall not apply to any Participant who as of the Date of Grant is on permanent, non-temporary assignment in Australia, the CompanyCzech Republic, Germany, Hungary, Ireland, New Zealand, Slovakia or the United Kingdom. Instead, the Employer orprovisions of Section 4(a) (General), shall apply, notwithstanding the provisions therein regarding Early Retirement and Normal Retirement to the contrary. Section 4(c)(i) of this Agreement (regarding Early Retirement) shall not apply to any Participant who as of the vase may beDate of Grant is on permanent, non-temporary assignment in Austria, Belgium, Denmark, Finland, France, Italy, the Stock Plan Administrator in Netherlands, Poland, Slovenia, Spain or Sweden (collectively, the United States“Statutory Retirement Age Countries”). The undersigned may withdraw Instead, the Optionee's consent at any timeprovisions of Section 4(a) (General), with future effect and for any or no reason as described in Section 14 of this Agreement. OPTIONEE Signatureshall apply, notwithstanding the provisions therein regarding Early Retirement to the contrary.
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