Dividend, Voting and Other Rights. (a) Except as otherwise provided in this Agreement, from and after the Date of Grant, the Grantee shall have all of the rights of a stockholder with respect to the Restricted Shares, including the right to vote the Restricted Shares and receive any dividends that may be paid thereon; PROVIDED, HOWEVER, that any additional Common Shares or other securities that the Grantee may become entitled to receive pursuant to a stock dividend, stock split, recapitalization, combination of shares, merger, consolidation, separation or reorganization or any other change in the capital structure of the Company shall be subject to the same risk of forfeiture and restrictions on transfer as the forfeitable Restricted Shares in respect of which they are issued or transferred and shall become Restricted Shares for the purposes of this Agreement. (b) Cash dividends on the Restricted Shares shall be sequestered by the Company from and after the Date of Grant until such time as any of such Restricted Shares become nonforfeitable in accordance with Section 4, whereupon such dividends shall be paid to the Grantee in cash to the extent such dividends are attributable to Restricted Shares that have become nonforfeitable. To the extent that Restricted Shares are forfeited pursuant to Section 5, all dividends sequestered with respect to such Restricted Shares shall also be forfeited. No interest shall be payable with respect to any such dividends.
Appears in 3 contracts
Samples: Restricted Shares Agreement (FTD Com Inc), Restricted Shares Agreement (FTD Com Inc), Restricted Shares Agreement (FTD Com Inc)
Dividend, Voting and Other Rights. (a) Except as otherwise provided in this Agreement, from and after the Date of Grant, the Grantee shall have all of the rights of a stockholder with respect to the Restricted Shares, including the right to vote the Restricted Shares and receive any dividends that may be paid thereon; PROVIDEDprovided, HOWEVERhowever, that any additional shares of Class A Common Shares Stock or other securities that the Grantee may become entitled to receive pursuant to a stock dividend, stock split, recapitalization, combination of shares, merger, consolidation, separation or reorganization or any other change in the capital structure of the Company shall FTD.XXX xxxll be subject to the same risk of forfeiture and restrictions on transfer as the forfeitable Restricted Shares in respect of which they are issued or transferred and shall become Restricted Shares for the purposes of this Agreement.
(b) Cash dividends on the Restricted Shares shall be sequestered by the Company from FTD.XXX xxxm and after the Date of Grant until such time as any of such Restricted Shares become nonforfeitable in accordance with Section 43, whereupon such dividends shall be paid to the Grantee in cash to the extent such dividends are attributable to Restricted Shares that have become nonforfeitable. To the extent that Restricted Shares are forfeited pursuant to Section 54, all dividends sequestered with respect to such Restricted Shares shall also be forfeited. No interest shall be payable with respect to any such dividends.
Appears in 3 contracts
Samples: Restricted Shares Agreement (Ios Brands Corp), Restricted Shares Agreement (Ios Brands Corp), Restricted Shares Agreement (Ios Brands Corp)
Dividend, Voting and Other Rights. (a) Except as otherwise provided in this Agreement, from and after the Date of Grant, the Grantee shall will have all of the rights of a stockholder with respect to the Restricted Shares, including the right to vote the Restricted Shares and receive any dividends that may be paid thereon; PROVIDEDprovided, HOWEVERhowever, that any additional shares of Common Shares Stock or other securities that the Grantee may become entitled to receive pursuant to a stock dividend, stock split, recapitalization, combination of shares, recapitalization, merger, consolidation, separation or reorganization or any other change in the capital structure of the Company shall will be subject to the same risk of forfeiture and restrictions on transfer as the forfeitable Restricted Shares in respect of which they are issued or transferred and shall become Restricted Shares for the purposes of this AgreementShares.
(b) Cash dividends dividends, if any, and any other distributions paid on the Restricted Shares shall will be sequestered by the Company from and after the Date of Grant until such time as any of such Restricted Shares become nonforfeitable in accordance with Section 43 and will, whereupon such dividends shall be paid to the Grantee in cash to the extent such dividends are attributable practicable, be deemed to Restricted be reinvested (at the Stock Price on the dividend payment date) on an immediate basis in additional shares of Common Stock from the Company's treasury, which will be subject to the same restrictions as the underlying Shares that have become nonforfeitablegranted under this Agreement. To the extent that Restricted If Shares are forfeited pursuant to Section 54, all dividends sequestered and other distributions, together with the earnings thereon, with respect to such Restricted Shares shall also will likewise be forfeited. No interest shall be payable with respect to any such dividends.
Appears in 3 contracts
Samples: Restricted Stock Agreement (Cole National Corp /De/), Restricted Stock Agreement (Cole National Corp /De/), Restricted Stock Agreement (Cole National Corp /De/)
Dividend, Voting and Other Rights. (a) Except as otherwise provided in this Agreement, from and after the Date of Grant, the Grantee shall will have all of the rights of a stockholder with respect to the Restricted Shares, including the right to vote the Restricted Shares and receive any dividends that may be paid thereon; PROVIDED, HOWEVER, that any additional shares of Common Shares Stock or other securities that the Grantee may become entitled to receive pursuant to a stock dividend, stock split, recapitalization, combination of shares, recapitalization, merger, consolidation, separation or reorganization or any other change in the capital structure of the Company shall will be subject to the same risk of forfeiture and restrictions on transfer as the forfeitable Restricted Shares in respect of which they are issued or transferred and shall become Restricted Shares for the purposes of this AgreementShares.
(b) Cash dividends dividends, if any, and any other distributions paid on the Restricted Shares shall will be sequestered by the Company from and after the Date of Grant until such time as any of such Restricted Shares become nonforfeitable in accordance with Section 44 and will, whereupon such dividends shall be paid to the Grantee in cash to the extent such dividends are attributable practicable, be deemed to be reinvested (at the Stock Price on the dividend payment date) on an immediate basis in additional shares of Common Stock from the Company's treasury, which will be subject to the same restrictions as the underlying Restricted Shares that have become nonforfeitablegranted under this Agreement. To the extent that If Restricted Shares are forfeited pursuant to Section 5, all dividends sequestered and other distributions, together with the earnings thereon, with respect to such Restricted Shares shall also will likewise be forfeited. No interest shall be payable with respect to any such dividends.
Appears in 1 contract
Samples: Restricted Stock Agreement (Cole National Corp /De/)
Dividend, Voting and Other Rights. (a) Except as otherwise provided in this Agreement, from and after the Date of Grant, the Grantee shall will have all of the rights of a stockholder with respect to the Restricted Shares, including the right to vote the Restricted Shares and receive any dividends that may be paid thereon; PROVIDED, HOWEVER, that any additional shares of Common Shares Stock or other securities that the Grantee may become entitled to receive pursuant to a stock dividend, stock split, recapitalization, combination of shares, recapitalization, merger, consolidation, separation or reorganization or any other change in the capital structure of the Company shall will be subject to the same risk of forfeiture and restrictions on transfer as the forfeitable Restricted Shares in respect of which they are issued or transferred and shall become Restricted Shares for the purposes of this AgreementShares.
(b) Cash dividends dividends, if any, and any other distributions paid on the Restricted Shares shall will be sequestered by the Company from and after the Date of Grant until such time as any of such Restricted Shares become nonforfeitable in accordance with Section 43 and will, whereupon such dividends shall be paid to the Grantee in cash to the extent such dividends are attributable practicable, be deemed to Restricted be reinvested (at the Stock Price on the dividend payment date) on an immediate basis in additional shares of Common Stock from the Company's treasury, which will be subject to the same restrictions as the underlying Shares that have become nonforfeitablegranted under this Agreement. To the extent that Restricted If Shares are forfeited pursuant to Section 54, all dividends sequestered and other distributions, together with the earnings thereon, with respect to such Restricted Shares shall also will likewise be forfeited. No interest shall be payable with respect to any such dividends.
Appears in 1 contract
Samples: Restricted Stock Agreement (Cole National Corp /De/)
Dividend, Voting and Other Rights. (a) Except as otherwise provided in this Agreement, from and after the Date of Grant, the The Grantee shall have all of the no rights of ownership in the Deferred Stock Units except for a stockholder with respect right to dividend equivalents payable in cash on a current basis on the Restricted SharesCommon Shares underlying the Deferred Stock Units as provided in Article II, including the Section 5(b) below (“dividend equivalents”), and shall have no right to vote Deferred Stock Units until the Restricted Shares and receive any dividends that may be paid thereon; PROVIDED, HOWEVER, that any additional date on which the Common Shares or other securities that underlying the Deferred Stock Units are transferred to the Grantee may become entitled to receive pursuant to a stock dividendArticle II, stock split, recapitalization, combination of shares, merger, consolidation, separation or reorganization or any other change in the capital structure of the Company shall be subject to the same risk of forfeiture and restrictions on transfer as the forfeitable Restricted Shares in respect of which they are issued or transferred and shall become Restricted Shares for the purposes of this AgreementSection 4 above.
(b) Cash dividends Subject to the forfeiture of Deferred Stock Units as provided for in this Agreement, the Company shall pay the Grantee dividend equivalents on the Restricted Common Shares shall be sequestered by underlying the Company from and after the Date of Grant until Deferred Stock Units on a current basis in cash as if such time as any of such Restricted Common Shares become nonforfeitable in accordance with Section 4, whereupon such dividends shall be paid were actually issued to the Grantee in cash to Grantee; provided, that all of the extent such dividends are attributable to Restricted Shares that have become nonforfeitable. To the extent that Restricted Shares are forfeited pursuant to Section 5, all dividends sequestered Grantee’s rights with respect to such Restricted dividend equivalents shall cease upon the earlier to occur of (i) forfeiture of the Deferred Stock Units; and (ii) the issuance of the Common Shares shall also underlying such Deferred Stock Units.
(c) The obligations of the Company under this Agreement will be forfeitedmerely that of an unfunded and unsecured promise of the Company to deliver Common Shares in the future, and the rights of the Grantee will be no greater than that of an unsecured general creditor. No interest shall assets of the Company will be payable with respect to any such dividendsheld or set aside as security for the obligations of the Company under this Agreement.
Appears in 1 contract
Dividend, Voting and Other Rights. (a) Except as otherwise provided in this Agreement, from and after the Date of Grant, the Grantee shall have all of the rights of a stockholder with respect to the Restricted Shares, including the right to vote the Restricted Shares and receive any dividends that may be paid thereon; PROVIDEDprovided, HOWEVERhowever, that any additional Common Shares or other securities that the Grantee may become entitled to receive pursuant to a stock dividend, stock split, recapitalization, combination of shares, merger, consolidation, separation or reorganization or any other change in the capital structure of the Company shall be subject to the same risk of forfeiture and restrictions on transfer as the forfeitable Restricted Shares in respect of which they are issued or transferred and shall become Restricted Shares for the purposes of this Agreement.
(b) Cash dividends on the Restricted Shares shall be sequestered by the Company from and after the Date of Grant until such time as any of such Restricted Shares become nonforfeitable in accordance with Section 4, whereupon such dividends shall be paid to the Grantee in cash to the extent such dividends are attributable to Restricted Shares that have become nonforfeitable. To the extent that Restricted Shares are forfeited pursuant to Section 5, and all dividends sequestered with respect to such Restricted Shares shall also be forfeited. No interest shall be payable with respect to any such dividends.
Appears in 1 contract
Samples: Restricted Shares Agreement (Focal Communications Corp)