Common use of Deferred Stock Clause in Contracts

Deferred Stock. (a) Deferred Stock may be credited to a Key Employee either as an Award or as the result of an exercise or an Option or SAR or as payment for a Performance Unit. Deferred Stock shall be subject to a deferral period which shall mean a period commencing on the date the Award is granted and ending on such date or upon the achievement of such performance or other criteria as the Committee shall determine (the "Deferral Period"). The Committee may provide for the expiration of the Deferral Period in installments where deemed appropriate . (b) Except as otherwise provided in this Section 8, no Deferred Stock credited to a Key Employee shall be sold, exchanged, transferred, pledged, hypothecated or otherwise disposed of during the Deferral Period; PROVIDED, HOWEVER, the Deferral Period for any Key Employee shall expire upon the Key Employee's death, Total Disability or retirement on or after age 65, or an earlier age with the consent of the Company, or upon some significant event, as determined by the Committee, including, but not limited to, a reorganization or the Company. (c) At the expiration of the Deferral Period, the Key Employee shall be entitled to receive a certificate pursuant to Section 9 for the number of shares of Stock equal to the number of shares of Deferred Stock credited on his or her behalf. Amounts equal to any dividends declared during the Deferral Period with respect to the number of shares of Deferred Stock credited to a Key Employee shall be paid to such Key Employee within thirty (30) days after each dividend was declared unless, at the time of the Award the Committee determined that such dividends should be reinvested in additional shares of Deferred Stock, in which case additional shares of Deferred Stock shall be credited to the Key Employee based on the Stock's Fair Market Value at the time of each such dividend. (d) If a Key Employee terminates employment with all Participating Companies for any reason before the expiration of the Deferral Period, all shares of Deferred Stock shall, unless the Committee otherwise determines, be forfeited by the Key Employee, and, in the case of Deferred Stock purchased through the exercise of an Option, the Company shall refund the purchase price paid on the exercise of the Option. Upon such forfeiture, such forfeited shares of Deferred Stock shall again become available for award under the Plan.

Appears in 2 contracts

Samples: Merger Agreement (Medcare Technologies Inc), Merger Agreement (Medcare Technologies Inc)

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Deferred Stock. (a) Deferred Stock may be credited to a Key Employee either as an Award or as the result of an exercise or an Option or SAR or as payment for a Performance Unit. Deferred Stock shall be subject to a deferral period which shall mean a period commencing on the date the Award is granted and ending on such date or upon the achievement of such performance or other criteria as the Committee shall determine (the "Deferral Period"). The Committee may provide for the expiration of the Deferral Period in installments where deemed appropriate appropriate. (b) Except as otherwise provided in this Section 8, no Deferred Stock credited to a Key Employee shall be sold, exchanged, transferred, pledged, hypothecated or otherwise disposed of during the Deferral Period; PROVIDED, HOWEVER, the Deferral Period for any Key Employee shall expire upon the Key Employee's death, Total Disability or retirement on or after age 65, or an earlier age with the consent of the Company, or upon some significant event, as determined by the Committee, including, but not limited to, a reorganization or the Company. (c) At the expiration of the Deferral Period, the Key Employee shall be entitled to receive a certificate pursuant to Section 9 for the number of shares of Stock equal to the number of shares of Deferred Stock credited on his or her behalf. Amounts equal to any dividends declared during the Deferral Period with respect to the number of shares of Deferred Stock credited to a Key Employee shall be paid to such Key Employee within thirty (30) days after each dividend was declared unless, at the time of the Award the Committee determined that such dividends should be reinvested in additional shares of Deferred Stock, in which case additional shares of Deferred Stock shall be credited to the Key Employee based on the Stock's Fair Market Value at the time of each such dividend. (d) If lf a Key Employee terminates employment with all Participating Companies for any reason before the expiration of the Deferral Period, all shares of Deferred Stock shall, unless the Committee otherwise determines, be forfeited by the Key Employee, and, in the case of Deferred Stock purchased through the exercise of an Option, the Company shall refund the purchase price paid on the exercise of the Option. Upon such forfeiture, such forfeited shares of Deferred Stock shall again become available for award under the Plan.

Appears in 2 contracts

Samples: Merger Agreement (Medcare Technologies Inc), Merger Agreement (Medcare Technologies Inc)

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