Common use of Dividend Payment Clause in Contracts

Dividend Payment. For purposes of this Agreement, “Dividend Payment” is defined as the sum of (i) (a) the number of shares of Company common stock underlying all Equity Awards then held by Employee (whether or not such Equity Awards are vested at the time, provided, however, that for this purpose the term “Equity Awards” shall not include any award of restricted stock (unless such award prohibits the payment of dividends on such restricted stock) and shall also not include any stock option with an exercise price greater than the then current fair market value of Company common stock, and provided further, that the Company agrees that the terms of any Equity Award will not prohibit the payments contemplated by Section 4(e)) times (b) the per share dividend amount paid to shareholders of the Company.

Dividend Payment. For purposes of this Agreement, “Dividend Payment” is defined as the sum product of (i) (a) the number of shares of Company common stock underlying all Equity Awards then held by Employee (whether or not such Equity Awards are vested at the time, provided, however, that for this purpose the term “Equity Awards” shall not include any award of restricted stock (unless such award prohibits the payment of dividends on such restricted stock) and shall also not include any stock option with an exercise price greater than the then current fair market value of Company common stock, and provided further, that the Company agrees that the terms of any Equity Award will not prohibit the payments contemplated by Section 4(e5(e)) times (bii) the per share dividend amount paid to shareholders of the Company.