Exchange Control Restrictions. The Participant understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the cash proceeds from the sale of shares of Common Stock acquired under the LTI Grant. The Participant further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant hereby consents and agrees that any cash proceeds received in connection with the Plan will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant are sold and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the Participant. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 7 contracts
Samples: Global Long Term Incentive Grant Agreement (Mondelez International, Inc.), Global Long Term Incentive Grant Agreement (Mondelez International, Inc.), Global Long Term Incentive Grant Agreement (Mondelez International, Inc.)
Exchange Control Restrictions. The Participant Optionee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the any cash proceeds from dividends and/or the sale cashless exercise of shares of Common Stock acquired under the LTI GrantOption. The Participant Optionee further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant Optionee hereby consents and agrees that any cash proceeds received in connection with the Plan will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant Optionee acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant Optionee acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, rate and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant Optionee agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant Option is exercised or dividends are sold paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the ParticipantOptionee. The Participant Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the ParticipantOptionee. The Participant Optionee agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant Optionee further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 7 contracts
Samples: Non Qualified Global Stock Option Agreement (Mondelez International, Inc.), Non Qualified Global Stock Option Agreement (Mondelez International, Inc.), Non Qualified Global Stock Option Agreement (Mondelez International, Inc.)
Exchange Control Restrictions. The By accepting the Award, the Participant understands and agrees that, due to exchange control laws in China, he or she that the Participant will be required to immediately repatriate to China the cash proceeds from the sale of shares of Common Stock any Shares acquired under the LTI GrantPlan or from any cash dividends paid on such Shares. The Participant further understands that, under local law, that such repatriation of the cash proceeds will may need to be effected through a special exchange control account established by a member of the Mondelēz Group Company or any Affiliate, and the Participant hereby consents and agrees that any cash the proceeds received in connection with the Plan will may be transferred to such special account by the Company (or its designated broker) on the Participant's behalf prior to being delivered to him the Participant. The Participant also acknowledges and understands that there may be a delay between the date the Shares are sold and the date the cash proceeds are distributed to the Participant. The Participant further agrees to sign any agreements, forms and/or consents that may be reasonably requested by the Company (or herthe Company’s designated broker) to effectuate such transfers. The proceeds may be paid to the Participant in U.S. dollars United States Dollars or local currency currency, at the Company’s discretion. If the proceeds are paid to the Participant in U.S. dollarsUnited States Dollars, the Participant acknowledges understands that he or she the Participant will be required to set up a U.S. dollar United States Dollar bank account in China so that the proceeds may be delivered to deposited into this account. If the proceeds are converted paid to the Participant in local currency, (i) the Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate, rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The restrictions, and (ii) the Participant agrees to bear any currency fluctuation risk between the date time the shares of Common Stock acquired from the LTI Grant Shares are sold or dividends are paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the Participant. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 6 contracts
Samples: Time Based Restricted Stock Unit Agreement (Carnival PLC), Restricted Stock Unit Agreement (Carnival PLC), Time Based Restricted Stock Unit Agreement (Carnival PLC)
Exchange Control Restrictions. The Participant Employee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the cash any proceeds from the sale of shares of Common Stock acquired under from the LTI GrantDeferred Stock Units and any dividends and/or dividend equivalents paid to the Employee in cash. The Participant Employee further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant Employee hereby consents and agrees that any cash proceeds received in connection with the Plan will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant Employee acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant Employee acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, rate and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant Employee agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant Deferred Stock Units are sold or any dividends are paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the ParticipantEmployee. The Participant Employee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the ParticipantEmployee. The Participant Employee agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant Employee further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the PlanDeferred Stock Units, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under from the Plan Deferred Stock Units in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant Employee receives immediately upon issuance vesting of the Deferred Stock Units (as described explained above) or upon termination of the ParticipantEmployee’s service with the Mondelēz Group.
Appears in 6 contracts
Samples: Global Deferred Stock Unit Agreement (Mondelez International, Inc.), Global Deferred Stock Unit Agreement (Mondelez International, Inc.), Global Deferred Stock Unit Agreement (Mondelez International, Inc.)
Exchange Control Restrictions. The Participant By accepting the Award, the Executive understands and agrees that, due to exchange control laws in China, he or she that the Executive will be required to immediately repatriate to China the cash proceeds from the sale of shares of Common Stock any Shares acquired under the LTI GrantPlan or from any cash dividends paid on such Shares. The Participant Executive further understands that, under local law, that such repatriation of the cash proceeds will may need to be effected through a special exchange control account established by a member of the Mondelēz Group Company or any Affiliate, and the Participant Executive hereby consents and agrees that any cash the proceeds received in connection with the Plan will may be transferred to such special account by the Company (or its designated broker) on the Executive's behalf prior to being delivered to him the Executive. The Executive also acknowledges and understands that there may be a delay between the date the Shares are sold and the date the cash proceeds are distributed to the Executive. The Executive further agrees to sign any agreements, forms and/or consents that may be reasonably requested by the Company (or herthe Company’s designated broker) to effectuate such transfers. The proceeds may be paid to the Executive in U.S. dollars United States Dollars or local currency currency, at the Company’s discretion. If the proceeds are paid to the Executive in U.S. dollarsUnited States Dollars, the Participant acknowledges Executive understands that he or she the Executive will be required to set up a U.S. dollar United States Dollar bank account in China so that the proceeds may be delivered to deposited into this account. If the proceeds are converted paid to the Executive in local currency, (i) the Participant Executive acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate, rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant restrictions, and (ii) the Executive agrees to bear any currency fluctuation risk between the date time the shares of Common Stock acquired from the LTI Grant Shares are sold or dividends are paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the ParticipantExecutive. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant further Executive agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 5 contracts
Samples: Restricted Stock Unit Agreement (Carnival PLC), Performance Based Restricted Stock Unit Agreement (Carnival PLC), Management Incentive Plan Tied Restricted Stock Unit Agreement (Carnival PLC)
Exchange Control Restrictions. The Participant understands and agrees that, due to exchange control laws in China, he or she that the Participant will be required immediately to immediately repatriate to China cash dividends (to the cash extent such dividends are not reinvested to purchase additional Shares, if such reinvestment is permitted by the SAFE and applicable laws) and the proceeds from the sale of shares of Common Stock any Shares acquired under the LTI GrantEquity Programs. The Participant further understands that, under local law, that such repatriation of the cash dividends and proceeds will may need to be effected through a special exchange control bank account established by a member of the Mondelēz Group Company or its affiliate, and the Participant hereby consents and agrees that any cash dividends and proceeds received in connection with from the sale of Shares acquired under the Plan will may be transferred to such special account by the Company on the Participant’s behalf prior to being delivered to him or herthe Participant. The dividends and proceeds may be paid to the Participant in U.S. dollars or local currency currency, at the Company’s discretion. If the dividends and proceeds are paid to the Participant in U.S. dollars, the Participant acknowledges understands that he or she will be required to set up a U.S. dollar bank account in China must be established and maintained by the Participant so that the proceeds may be delivered to this deposited into such account. If the dividends and proceeds are converted paid to the Participant in local currency, the Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate, rate and that the Company may face delays in converting the dividends and proceeds to local currency due to exchange control restrictions in Chinarestrictions. The Participant agrees to bear any currency fluctuation risk between the date time dividends are declared or the shares of Common Stock acquired from the LTI Grant Shares are sold and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) dividends or net proceeds are converted to into local currency and distributed to the Participant. The Participant acknowledges further agrees to comply with any other requirements that may be imposed by the Mondelēz Group will not be held liable for any delay Company and its affiliates in delivering the proceeds future in order to the Participant. The Participant agrees facilitate compliance with exchange control requirements in China and to sign any agreements, forms and/or consents that may be reasonably requested by the Company or the Company’s its designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 4 contracts
Samples: Restricted Stock Unit Agreement (Flowserve Corp), Restricted Stock Unit Agreement (Flowserve Corp), Restricted Stock Unit Agreement (Flowserve Corp)
Exchange Control Restrictions. The Participant Grantee understands and agrees that, due to facilitate compliance with exchange control laws in Chinarequirements, he or she the Grantee is required to hold the shares of Stock received upon settlement of the RSU Award with the Company’s designated brokerage firm until the shares of Stock are sold. Further, the Grantee understands and agrees that the Grantee will be required to immediately repatriate to China dividends and proceeds from the cash sale of any shares of Stock acquired under the Plan. The Grantee also understands and agrees that such repatriation of proceeds may need to be effected through a special bank account established by the Company or its Subsidiary in China, and the Grantee hereby consents and agrees that dividends and proceeds from the sale of shares of Common Stock acquired under the LTI Grant. The Participant further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant hereby consents and agrees that any cash proceeds received in connection with the Plan will may be transferred to such special account on the Grantee’s behalf prior to being delivered to him or herthe Grantee and that no interest shall be paid with respect to funds held in such account. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant acknowledges Grantee understands that he or she will be required to set up a U.S. dollar bank account in China must be established and maintained so that the proceeds may be delivered to this deposited into such account. If the proceeds are converted to paid in local currency, the Participant Grantee acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate, rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in Chinarestrictions. The Participant Grantee agrees to bear any currency fluctuation risk between the date time the shares of Common Stock acquired from the LTI Grant are sold and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to into local currency and distributed to the ParticipantGrantee. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant Grantee further agrees to comply with any other requirements that may be imposed by the Company or its Subsidiaries in China in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock The Grantee acknowledges and agrees that the Participant receives immediately upon issuance (as described above) or upon processes and requirements set forth herein shall continue to apply following the Grantee’s termination of the Participant’s service with the Mondelēz Groupemployment.
Appears in 3 contracts
Samples: Award Agreement – Restricted Stock Units (Non Us Employee) (Wyndham Destinations, Inc.), Award Agreement – Restricted Stock Units (Non Us Employee) (Wyndham Destinations, Inc.), Award Agreement — Restricted Stock Units (Non Us Employee) (Wyndham Hotels & Resorts, Inc.)
Exchange Control Restrictions. The Participant understands and agrees that, due to facilitate compliance with exchange control laws in Chinarequirements, he or she the Participant is required to hold the shares of Common Stock received upon settlement of the Performance Shares with the Company’s designated brokerage firm until the shares of Common Stock are sold. Further, the Participant understands and agrees that the Participant will be required to immediately repatriate to China dividends and proceeds from the cash sale of any shares of Common Stock acquired under the Plan. The Participant also understands and agrees that such repatriation of proceeds may need to be effected through a special bank account established by the Company or its Subsidiary, and the Participant hereby consents and agrees that dividends and proceeds from the sale of shares of Common Stock acquired under the LTI Grant. The Participant further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant hereby consents and agrees that any cash proceeds received in connection with the Plan will may be transferred to such special account by the Company on the Participant’s behalf prior to being delivered to him or herthe Participant and that no interest shall be paid with respect to funds held in such account. The proceeds may be paid to the Participant in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid to the Participant in U.S. dollars, the Participant acknowledges understands that he or she will be required to set up a U.S. dollar bank account in China must be established and maintained so that the proceeds may be delivered to this deposited into such account. If the proceeds are converted paid to the Participant in local currency, the Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate, rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in Chinarestrictions. The Participant agrees to bear any currency fluctuation risk between the date time the shares of Common Stock acquired from the LTI Grant are sold and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to into local currency and distributed to the Participant. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant further agrees to comply with any other requirements that may be imposed by the Company or its Subsidiaries in China in the future in order to facilitate compliance with exchange control requirements in China. For The Participant acknowledges and agrees that the processes and requirements set forth herein shall continue to apply following the Participant’s termination. Notwithstanding anything to the contrary in the Plan or the Award Agreement, in the event of the Participant’s termination of employment for any reason, outstanding Performance Shares will be cancelled and the Participant will be required to sell all shares of Common Stock issued under pursuant to the PlanPlan no later than 120 days after the Participant’s employment termination date (or such shorter period as may be required by the SAFE or the Company) (the “Mandatory Sale Date”), these additional requirements may include, but are not limited to, a requirement and repatriate the sales proceeds to maintain China in the manner designated by the Company. The Participant understands that any shares of Common Stock acquired the Participant holds under the Plan in an account with a that have not been sold by the Mandatory Sale Date will automatically be sold by the Company-’s designated broker and/or to sell any shares of Common Stock that at the Participant receives immediately upon issuance Company’s direction (as described above) or upon termination of on the Participant’s service with the Mondelēz Groupbehalf pursuant to this authorization without further consent).
Appears in 3 contracts
Samples: Performance Share Award Agreement (Ingredion Inc), Performance Share Award Agreement, Performance Share Award Agreement (Ingredion Inc)
Exchange Control Restrictions. The Participant understands You understand and agrees agree that, due to facilitate compliance with exchange control laws in Chinarequirements, he or she you are required to hold the shares of Common Stock received upon settlement of the Restricted Stock Units with the Company’s designated brokerage firm until the shares of Common Stock are sold. Further, you understand and agree that you will be required to immediately repatriate to China dividends and proceeds from the cash sale of any shares of Common Stock acquired under the Plan. You also understand and agree that such repatriation of proceeds may need to be effected through a special bank account established by the Company or its Subsidiary, and you hereby consent and agree that dividends and proceeds from the sale of shares of Common Stock acquired under the LTI Grant. The Participant further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant hereby consents and agrees that any cash proceeds received in connection with the Plan will may be transferred to such special account by the Company on your behalf prior to being delivered to him or heryou and that no interest shall be paid with respect to funds held in such account. The proceeds may be paid to you in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid to you in U.S. dollars, the Participant acknowledges you understand that he or she will be required to set up a U.S. dollar bank account in China must be established and maintained so that the proceeds may be delivered to this deposited into such account. If the proceeds are converted paid to you in local currency, the Participant acknowledges you acknowledge that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate, rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in Chinarestrictions. The Participant agrees You agree to bear any currency fluctuation risk between the date time the shares of Common Stock acquired from the LTI Grant are sold and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to into local currency and distributed to the Participantyou. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant You further agrees agree to comply with any other requirements that may be imposed by the Company or its Subsidiaries in China in the future in order to facilitate compliance with exchange control requirements in China. For You acknowledge and agree that the processes and requirements set forth herein shall continue to apply following your termination. Notwithstanding anything to the contrary in the Plan or the Award Agreement, in the event of your termination of employment for any reason, you will be required to sell all shares of Common Stock issued under pursuant to the PlanPlan no later than 120 days after your employment termination date (or such shorter period as may be required by the SAFE or the Company) (the “Mandatory Sale Date”), these additional requirements may include, but are not limited to, a requirement and repatriate the sales proceeds to maintain China in the manner designated by the Company. You understand that any shares of Common Stock acquired you hold under the Plan in an account with a that have not been sold by the Mandatory Sale Date will automatically be sold by the Company-’s designated broker and/or at the Company’s direction (on your behalf pursuant to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Groupthis authorization without further consent).
Appears in 3 contracts
Samples: Restricted Stock Units Award Agreement, Restricted Stock Units Award Agreement (Ingredion Inc), Restricted Stock Units Award Agreement (Ingredion Inc)
Exchange Control Restrictions. The Participant understands I understand and agrees agree that my participation in and ability to purchase shares of Common Stock under the Stock Purchase Plan is subject to the continued registration and compliance of the Stock Purchase Plan with applicable exchange control regulations in China. I agree that if the registration of the Stock Purchase Plan lapses or the Company determines, in its discretion, that the Purchase Rights cannot vest due to regulatory restrictions, my participation in the Stock Purchase Plan may be suspended, terminated or otherwise modified to ensure compliance with applicable laws and regulations. I understand and agree that, due to exchange control laws in China, he or she I will be required to immediately repatriate to China any cash proceeds I receive from participating in the Stock Purchase Plan (i.e., cash proceeds from the sale of shares of Common Stock acquired under or the LTI Grantreceipt of any dividends on such shares). The Participant I further understands understand that, under local law, such repatriation of the cash proceeds will may need to be effected through a special exchange control account established by a member of the Mondelēz Group Company, the Employer or another Parent or Subsidiary, and I hereby consent and agree that the Participant hereby consents and agrees that any cash proceeds received in connection with the Plan will be transferred to such special account prior to being delivered to him or herme. The I understand that the proceeds will be delivered to me as soon as possible, but there may be delays in distributing the funds due to exchange control requirements in China. Proceeds may be paid in U.S. dollars or local currency currency, at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant acknowledges I understand that he or she I will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to deposited into this account. If the proceeds are converted to paid in local currency, the Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate, rate and there may face be delays in converting the proceeds to local currency due to exchange control restrictions in Chinarestrictions. The Participant agrees to I agree that I bear the risk of any currency exchange conversion rate fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant are sold and the time during that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the Participanttime. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant I further agrees agree to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 3 contracts
Samples: Employee Stock Purchase Agreement (Marvell Technology, Inc.), Employee Stock Purchase Agreement (Marvell Technology, Inc.), Employee Stock Purchase Agreement (Marvell Technology Group LTD)
Exchange Control Restrictions. The Participant Optionee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the any cash proceeds from dividends and/or the sale cashless exercise of shares of Common Stock acquired under the LTI GrantOption. The Participant Optionee further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant Optionee hereby consents and agrees that any cash proceeds received in connection with the Plan will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant Optionee acknowledges that he or she May 22, 2024 will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant Optionee acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, rate and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant Optionee agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant Option is exercised or dividends are sold paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the ParticipantOptionee. The Participant Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the ParticipantOptionee. The Participant Optionee agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant Optionee further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 2 contracts
Samples: Non Qualified Global Stock Option Agreement (Mondelez International, Inc.), Non Qualified Global Stock Option Agreement (Mondelez International, Inc.)
Exchange Control Restrictions. The Participant By accepting the Award, the Grantee understands and agrees that, due to PRC exchange control laws in Chinarestrictions, he or she the Grantee is not permitted to transfer any Shares acquired under the Plan out of the Grantee’s account established with the Designated Broker and that the Grantee will be required to immediately repatriate all proceeds due to China the cash Grantee under the Plan to the PRC, including any proceeds from the sale of shares of Common Stock Shares acquired under the LTI GrantPlan or dividends or other distributions. The Participant further Further, the Grantee understands that, under local law, that such repatriation of the cash proceeds will need to be effected through a special exchange control account established by the Company or a member of subsidiary or affiliate in the Mondelēz Group PRC, and the Participant Grantee hereby consents and agrees that any cash the proceeds received in connection with the Plan will may be transferred to such special account prior to being delivered to him or herthe Grantee. The proceeds may be paid to the Grantee in U.S. dollars or in local currency currency, at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant acknowledges Grantee understands that he or she will be required to set up a U.S. dollar bank account in China the PRC so that the proceeds may be delivered to deposited into this account. If the proceeds are converted to paid in local currency, the Participant Grantee acknowledges that neither the Mondelēz Group Company nor any subsidiary or affiliate is under no an obligation to secure any particular currency conversion rate, rate and that the Company (or a subsidiary or affiliate) may face delays in converting the proceeds to local currency due to exchange control restrictions requirements in Chinathe PRC. The Participant Grantee agrees to bear any currency fluctuation risk between the date time the shares of Common Stock acquired from the LTI Grant Shares are sold and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to into local currency and distributed to the ParticipantGrantee. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant Grantee further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with PRC exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Grouprequirements.
Appears in 2 contracts
Samples: Restricted Stock Unit Award Agreement (Belden Inc.), Performance Stock Unit Award Agreement (Belden Inc.)
Exchange Control Restrictions. The Participant understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the cash proceeds from the sale of shares of Common Stock acquired under the LTI Grant. The Participant further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant hereby consents and agrees that any cash proceeds received in connection with the Plan will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the May 22, 2024 Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant are sold and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the Participant. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 2 contracts
Samples: Global Long Term Incentive Grant Agreement (Mondelez International, Inc.), Global Long Term Incentive Grant Agreement (Mondelez International, Inc.)
Exchange Control Restrictions. The Participant Optionee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the cash proceeds from the sale cashless exercise of shares of Common Stock acquired under the LTI GrantOption. The Participant Optionee further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant Optionee hereby consents and agrees that any cash the proceeds received in connection with from the Plan cashless exercise of the Option will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant Optionee acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant Optionee acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, rate and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant Optionee agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant Option is exercised and any dividend equivalents are sold paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the ParticipantOptionee. The Participant Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the ParticipantOptionee. The Participant Optionee agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant Optionee further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 2 contracts
Samples: Non Qualified Global Stock Option Agreement (Mondelez International, Inc.), Non Qualified Global Stock Option Agreement (Mondelez International, Inc.)
Exchange Control Restrictions. The Participant Employee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the cash proceeds from the sale of shares of Common Stock acquired under from the LTI GrantDeferred Stock Units and any dividend equivalents paid to the Employee in cash. The Participant Employee further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant Employee hereby consents and agrees that the proceeds from the sale of shares of Common Stock acquired from the Deferred Stock Units and any dividend equivalents paid to the Employee in cash proceeds received in connection with the Plan will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant Employee acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant Employee acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, rate and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant Employee agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant Deferred Stock Units are sold and any dividend equivalents are paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the ParticipantEmployee. The Participant Employee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the ParticipantEmployee. The Participant Employee agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant Employee further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the PlanDeferred Stock Units, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under from the Plan Deferred Stock Units in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant Employee receives immediately upon issuance vesting of the Deferred Stock Units (as described explained above) or upon termination of the ParticipantEmployee’s service with the Mondelēz Group.
Appears in 2 contracts
Samples: Global Deferred Stock Unit Agreement (Mondelez International, Inc.), Global Deferred Stock Unit Agreement (Mondelez International, Inc.)
Exchange Control Restrictions. The Participant understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the cash proceeds from the sale of shares of Common Stock acquired under the LTI Grant. The Participant further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant hereby consents and agrees that any cash the proceeds received in connection with from the Plan sale of shares of Common Stock acquired under the LTI Grant will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant are sold and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the Participant. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 2 contracts
Samples: Global Long Term Incentive Grant Agreement (Mondelez International, Inc.), Global Long Term Incentive Grant Agreement (Mondelez International, Inc.)
Exchange Control Restrictions. The Exchange control restrictions apply to the remittance of funds into and out of China. In the event that Common Shares are delivered upon settlement of the Deferred Units, the Participant understands and agrees that, due pursuant to local exchange control laws in Chinarequirements, he or she will be required to immediately repatriate to China the cash proceeds from the sale of shares of Common Stock acquired under the LTI GrantShares and any cash distributions paid on such Common Shares to China. The Participant further understands that, under local law, such repatriation of the cash proceeds will may need to be effected effectuated through a special exchange control account established by a member of the Mondelēz Group Company, the Employer or any other Affiliate, and the Participant hereby consents and agrees that any proceeds from the sale of Common Shares or any cash proceeds received in connection with the Plan will distributions paid on such Common Shares may be transferred to such special account prior to being delivered to him or herthe Participant. The proceeds may be paid to the Participant in U.S. dollars or local currency at the Company’s discretion. If In the event the proceeds are paid to the Participant in U.S. dollars, the Participant acknowledges he or she understands that he or she will be required to set up a U.S. dollar bank account in China and provide the bank account details to the Employer and/or the Company so that the proceeds may be delivered to deposited into this account. If the proceeds are converted paid to the Participant in local currency, the Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate, rate and/or conversion date and the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in Chinarestrictions. The Participant agrees to bear any currency fluctuation risk between the date time the shares of Common Stock acquired from the LTI Grant Shares are sold or distributions are received and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the Participant. The Participant acknowledges that the Mondelēz Group will not be held liable for through any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceedssuch special exchange account. The Participant further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 2 contracts
Samples: Deferred Unit Agreement (Blackstone Group Inc), Deferred Unit Agreement (Blackstone Group Inc)
Exchange Control Restrictions. The Participant Employee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the cash any proceeds from the sale of shares of Common Stock acquired under from the LTI GrantDeferred Stock Units and any dividends and/or dividend equivalents paid to the Employee in cash. The Participant Employee further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant Employee hereby consents and agrees that any cash proceeds received in connection with the Plan will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant Employee acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant Employee acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, rate and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant Employee agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant Deferred Stock Units are sold or any dividends are paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the ParticipantEmployee. The Participant Employee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the ParticipantEmployee. The Participant Employee agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant Employee further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the PlanDeferred Stock Units, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under from the Plan Deferred Stock Units in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant Employee receives May 22, 2024 immediately upon issuance vesting of the Deferred Stock Units (as described explained above) or upon termination of the ParticipantEmployee’s service with the Mondelēz Group.
Appears in 2 contracts
Samples: Global Deferred Stock Unit Agreement (Mondelez International, Inc.), Global Deferred Stock Unit Agreement (Mondelez International, Inc.)
Exchange Control Restrictions. The Participant Optionee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the any cash proceeds from dividends and/or the sale cashless exercise of shares of Common Stock acquired under the LTI GrantOption. The Participant Optionee further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant Optionee hereby consents and agrees that any cash proceeds received in connection with the Plan will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant Optionee acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant Optionee acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, rate and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant Optionee agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant Option is exercised or dividends are sold paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the ParticipantOptionee. The Participant Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the ParticipantOptionee. The Participant Optionee agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant Optionee further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.20 Foreign Asset/
Appears in 1 contract
Exchange Control Restrictions. The Participant understands By accepting the RSU Award, you acknowledge that you understand and agrees agree that, due to exchange control laws in China, he or she you are not permitted to transfer any shares of Stock acquired under the Plan (and not immediately sold) out of your account established with the Company's designated broker, and that you will be required to immediately repatriate all proceeds due to China you from your participation in the cash Plan, including proceeds from the sale of such Stock or any cash dividends paid by the Company on shares of Common Stock acquired under (together, the LTI Grant"cash proceeds") to China. The Participant You further understands understand that, under local law, such repatriation of the cash proceeds will need to be effected through a special exchange control account established by a member of Participating Company in China, and you hereby consent and agree that the Mondelēz Group and the Participant hereby consents and agrees that any cash proceeds received in connection with the Plan will may be transferred to such special account prior to being delivered to him or heryou. The cash proceeds may be paid to you in U.S. dollars or local currency at the Company’s 's discretion. If the cash proceeds are paid in U.S. dollars, the Participant acknowledges you understand that he or she will you may be required to set up a U.S. dollar bank account in China so that the cash proceeds may be delivered to deposited into this account. If the cash proceeds are converted to local currency, the Participant acknowledges you acknowledge that the Mondelēz Group Company is under no obligation to secure any currency conversion rate, and that it may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant agrees You understand and agree that the Company is not responsible for the amount of any loss you may incur due to foreign exchange rate changes and that the Company assumes no liability for any fluctuations in any applicable exchange rate; you bear the risk of any currency conversion rate fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant that any cash proceeds are sold realized by you and the time that (i) date of conversion of the Tax-Related Items are converted cash proceeds to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the Participantcurrency. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant You further agrees agree to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under Finally, you acknowledge and agree that the Company's offer of participation in the Plan to you is contingent upon your agreement to abide by the restrictions set forth herein and that any violation of these restrictions will constitute a material breach of the terms of this Award Agreement, which will affect your ability to participate in the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 1 contract
Samples: Global Performance Based Restricted Stock Unit Award Agreement (RetailMeNot, Inc.)
Exchange Control Restrictions. The Participant Employee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the cash proceeds from the sale of shares of Common Stock acquired under from the LTI GrantDeferred Stock Units and any dividend equivalents paid to the Employee in cash. The Participant Employee further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant Employee hereby consents and agrees that the proceeds from the sale of shares of Common Stock acquired from the Deferred Stock Units and any dividend equivalents paid to the Employee in cash proceeds received in connection with the Plan will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant Employee acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant Employee acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, rate and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant Employee agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant Deferred Stock Units are sold and any dividend equivalents are paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the ParticipantEmployee. The Participant Employee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the ParticipantEmployee. The Participant Employee agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant Employee further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the PlanDeferred Stock Units, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under from the Plan Deferred Stock Units in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant Employee receives immediately upon issuance vesting of the Deferred Stock Units (as described explained above) or upon termination of the ParticipantEmployee’s service with the Mondelēz Group.. Foreign Asset/Account Reporting Information. Chinese residents may be required to report to the SAFE all details of their foreign financial assets and liabilities, as well as details of any economic transactions conducted with non-Chinese residents. COLOMBIA TERMS AND CONDITIONS Labor Law Acknowledgement. The following provision supplements the acknowledgments contained in paragraph 12 of the Agreement: The Employee acknowledges that pursuant to Article 128 of the Colombian Labor Code, the Plan and related benefits do not constitute a component of the Employee’s “salary” for any legal purpose. Therefore, they will not be included and/or considered for purposes of calculating any and all labor benefits, such as legal/fringe benefits, vacations, indemnities, payroll taxes, social insurance contributions and/or any other labor-related amount which may be payable. NOTIFICATIONS Securities Law Information. The shares of Common Stock are not and will not be registered in the Colombian registry of publicly traded securities (Registro Nacional de Valores y Emisores) and therefore the shares of Common Stock may not be offered to the public in Colombia. Nothing in this document should be construed as the making of a public offer of securities in Colombia. Exchange Control Information. Investments in assets located outside Colombia (including shares of the Company’s Common Stock) are subject to registration with the Central Bank (Banco de la República) if the aggregate value of the investments is US$500,000 or more (as of December 31 of the applicable calendar year). Further, upon the sale of shares that the Employee has registered with the Central Bank, the Employee must cancel the registration by March 31 of the following year. The Employee may be subject to fines for failing to cancel the registration. If funds are remitted from Colombia through an authorized local financial institution, the authorized financial institution will automatically register the investment. COSTA RICA There are no country specific provisions. CZECH REPUBLIC TERMS AND CONDITIONS
Appears in 1 contract
Samples: Global Deferred Stock Unit Agreement
Exchange Control Restrictions. The Participant understands You understand and agrees agree that, due pursuant to local exchange control laws in Chinarequirements, he or she you will be required to immediately repatriate to China the cash proceeds from the sale cashless sell-all exercise of shares of Common Stock acquired under the LTI Grantyour Options to China. The Participant further understands You understand that, under local law, such repatriation of the your cash proceeds will need to be effected through a special exchange control account established by a member of the Mondelēz Group Participating Company in China and the Participant you hereby consents consent and agrees agree that any cash proceeds received in connection with from the Plan will sale of any shares of Stock you acquire may be transferred to such special account prior to being delivered to him or heryou. The proceeds Proceeds may be paid in U.S. dollars or local currency currency, at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant acknowledges you understand that he or she will you may be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to deposited into this account. If the proceeds are converted to local currency, the Participant acknowledges you acknowledge that the Mondelēz Group Company is under no obligation to secure any currency conversion rate, and that it may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant agrees You understand and agree that the Company is not responsible for the amount of any loss you may incur due to foreign exchange rate changes and that the Company assumes no liability for any fluctuations in any applicable exchange rate; you bear the risk of any currency conversion rate fluctuation risk between the date that any cash proceeds are realized by you at exercise of the shares of Common Stock acquired from the LTI Grant are sold Option and the time that (i) date of conversion of the Tax-Related Items are converted cash proceeds to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the Participantcurrency. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant You further agrees agree to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under Finally, you acknowledge and agree that the Company’s offer of participation in the Plan to you is contingent upon your agreement to abide by the restrictions set forth herein and that any violation of these restrictions will constitute a material breach of the terms of this Award Agreement, which will affect your ability to participate in the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 1 contract
Samples: Global Performance Based Stock Option Award Agreement (RetailMeNot, Inc.)
Exchange Control Restrictions. The Participant Employee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the cash any proceeds from the sale of shares of Common Stock acquired under from the LTI GrantDeferred Stock Units and any dividends and/or dividend equivalents paid to the Employee in cash. The Participant Employee further understands that, under local law, such repatriation of the cash proceeds will be effected through a special exchange control account established by a member of the Mondelēz Group and the Participant Employee hereby consents and agrees that any cash proceeds received in connection with the Plan will be transferred to such special account prior to being delivered to him or her. The proceeds may be paid in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant Employee acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to this account. If the proceeds are converted to local currency, the Participant Employee acknowledges that the Mondelēz Group is under no obligation to secure any currency conversion rate, rate and may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Participant Employee agrees to bear any currency fluctuation risk between the date the shares of Common Stock acquired from the LTI Grant Deferred Stock Units are sold or any dividends are paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the ParticipantEmployee. The Participant Employee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the ParticipantEmployee. The Participant Employee agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant Employee further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the PlanDeferred Stock Units, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under from the Plan Deferred Stock Units in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant Employee receives immediately upon issuance vesting of the Deferred Stock Units (as described explained above) or upon termination of the ParticipantEmployee’s service with the Mondelēz Group.. 20
Appears in 1 contract
Samples: Global Deferred Stock Unit Agreement (Mondelez International, Inc.)
Exchange Control Restrictions. The By accepting the Award, the Participant understands and agrees that, due to exchange control laws in China, he or she that the Participant will be required to immediately repatriate to China the cash proceeds from the sale of shares of Common Stock any Shares acquired under the LTI GrantPlan or from any cash dividends paid on such Shares. The Participant further understands that, under local law, that such repatriation of the cash proceeds will may need to be effected through a special exchange control account established by a member of the Mondelēz Group Company or any Affiliate, and the Participant hereby consents and agrees that any cash the proceeds received in connection with the Plan will may be transferred to such special account by the Company (or its designated broker) on the Participant's behalf prior to being delivered to him the Participant. The Participant also acknowledges and understands that there may be a delay between the date the Shares are sold and the date the cash proceeds are distributed to the Participant. The Participant further agrees to sign any agreements, forms and/or consents that may be reasonably requested by the Company (or herthe Company’s designated broker) to effectuate such transfers. The proceeds may be paid to the Participant in U.S. dollars United States Dollars or local currency currency, at the Company’s discretion. If the proceeds are paid to the Participant in U.S. dollarsUnited States Dollars, the Participant acknowledges understands that he or she the Participant will be required to set up a U.S. dollar United States Dollar bank account in China so that the proceeds may be delivered to deposited into this account. If the proceeds are converted paid to the Participant in local currency, (i) the Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate, rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The restrictions, and (ii) the Participant agrees to bear any currency fluctuation risk between the date time the shares of Common Stock acquired from the LTI Grant Shares are sold or dividends are paid and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net proceeds are converted to local currency and distributed to the Participant. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these EU COUNTRIES This offer is being made to selected employees as part of an employee incentive programme in order to provide an additional requirements may include, but are not limited to, a requirement incentive and to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or encourage employee share ownership and to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of increase the Participant’s service with interest in the Mondelēz Groupsuccess of the Company. The company offering these rights is the Company. The shares which are the subject of these rights are new/existing ordinary shares in the Company. More information in relation to the Company, including the Share price, can be found at the following web address: www.xxxxxxxxxxxx.xxx xx www.xxxxxxxxxxx.xxx. Xhe obligation to publish a prospectus does not apply because of Article 1(4)(i) of the EU Prospectus Regulation. The total maximum number of Shares which are the subject of this offer in EU countries is 0.
Appears in 1 contract
Exchange Control Restrictions. The Participant understands and agrees that, due if he or she is a PRC national and subject to exchange control laws restrictions in China, he or she will be required to immediately repatriate to China the cash proceeds from of the sale of shares of Common Stock acquired under the LTI GrantShares and any cash dividends or Dividend Equivalents to China. The Participant further understands that, under local law, such that the repatriation of the cash proceeds will such funds may need to be effected through a special exchange control account established by a member of the Mondelēz Group Company or an Affiliate and the Participant he or she hereby consents and agrees that any cash proceeds received in connection with the Plan will such funds may be transferred to such special account prior to being delivered to him Participant’s personal account. Participant also understands that the Company will deliver any sale proceeds, cash dividends or herDividend Equivalents to Participant as soon as practicable, but that there may be delays in distributing the funds due to exchange control requirements in China. The proceeds Proceeds may be paid to Participant in U.S. dollars or local currency at the Company’s discretion. If the proceeds are paid in U.S. dollars, the Participant acknowledges that he or she will be required to set up a U.S. dollar bank account in China so that the proceeds may be delivered to deposited into this account. If the proceeds are converted to paid in local currency, the Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any particular currency conversion rate, rate and the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The restrictions, and Participant agrees to bear any currency fluctuation risk between the date time the shares of Common Stock acquired from the LTI Grant Shares are sold and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and and/or (ii) the net proceeds are converted to local currency and distributed to the Participant. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under Exchange Control Information. PRC residents are required to report to SAFE details of their foreign financial assets and liabilities, as well as details of any economic transactions conducted with non-PRC residents, either directly or through financial institutions. Under these rules, Participant may be subject to reporting obligations for the PlanRSUs, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock Shares acquired under the Plan in an account with a Companyand Plan-designated broker and/or to sell any shares of Common Stock that the related transactions. Participant receives immediately upon issuance (as described above) should consult his or upon termination of the Participant’s service with the Mondelēz Groupher personal legal advisor for further information about this requirement.
Appears in 1 contract
Samples: Global Restricted Stock Unit Award Agreement (Trane Technologies PLC)
Exchange Control Restrictions. The Participant understands and agrees thatBy electing to participate in the Stock Purchase Plan, I acknowledge that due to exchange control laws in China, he or she I (i) will not be required permitted to immediately repatriate to China the cash proceeds from the sale of transfer any shares of the Company’s Common Stock acquired under the LTI GrantStock Purchase Plan out of my account with the Company’s designated broker, and (ii) will be required to repatriate all cash proceeds resulting from my participation in the Stock Purchase Plan, including cash dividends paid by the Company on shares of the Company’s Common Stock acquired under the Stock Purchase Plan or the sale of such shares of Common Stock (together, the “cash proceeds”). The Participant further understands Further, I understand that, under local law, such repatriation of the cash proceeds will may need to be effected through a special exchange control account established by the Company or a member of Designated Subsidiary in China, and I hereby consent and agree that the Mondelēz Group and the Participant hereby consents and agrees that any cash proceeds received in connection with the Plan will may be transferred to such special account prior to being delivered to him or herme and that any interest earned on the cash proceeds prior to distribution of the cash proceeds to me shall be retained by the Company to partially offset the cost of administering the Stock Purchase Plan. The I understand that the cash proceeds may be paid to me from this account in U.S. dollars or in local currency currency, at the Company’s discretion. If the cash proceeds are paid in U.S. dollars, the Participant acknowledges I understand that he or she I will be required to set up establish a U.S. dollar bank account in China so that the cash proceeds may be delivered to deposited into this account. If the cash proceeds are converted to into local currency, the Participant acknowledges I acknowledge and agree that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate, and that it may face delays in converting the cash proceeds to local currency due to exchange control restrictions in China. The Participant agrees to As such, I acknowledge and agree that I bear the risk of any fluctuations that may occur in the currency fluctuation risk conversion rate between the date time the cash dividend is paid and/or the shares of Common Stock acquired from the LTI Grant are sold sold, as applicable, and the time date that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net resulting cash proceeds are converted to into local currency and distributed to the Participantcurrency. The Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreementsFurther, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceeds. The Participant further agrees I agree to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in China. For shares issued under the Plan, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired under the Plan in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service with the Mondelēz Group.
Appears in 1 contract
Samples: Employee Stock Purchase Plan Subscription Agreement (Cypress Semiconductor Corp /De/)
Exchange Control Restrictions. The Participant understands and agrees that, due pursuant to local exchange control laws in Chinarequirements, he or she the Participant will be required to immediately repatriate any cash payments or proceeds obtained with respect to China participation in the cash proceeds from Plan to the sale of shares of Common Stock acquired under the LTI GrantPRC. The Participant further understands that, under local law, that such repatriation of the any cash payments or proceeds will may need to be effected effectuated through a special exchange control account established by a member of the Mondelēz Group Company or any Subsidiary, and the Participant hereby consents and agrees that any cash payment or proceeds received in connection with the Plan will may be transferred to such special account prior to being delivered to him the Participant. Any payment or her. The proceeds may be paid to the Participant in U.S. dollars or local currency at the Company’s discretion. If the payments or proceeds are paid to the Participant in U.S. dollars, the Participant acknowledges that he or she will be required to set up a U.S. dollar bank account in China the PRC (if the Participant does not already have one) so that the payments or proceeds may be delivered to deposited into this account. If the payments or proceeds are converted paid to the Participant in local currency, the Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any particular currency conversion rate, exchange rate and the Company may face delays in converting the payments or proceeds to local currency due to exchange control restrictions in Chinarestrictions. The Participant agrees to bear any currency exchange rate fluctuation risk between the date time the shares of Common Stock acquired from the LTI Grant cash proceeds are sold received and the time that (i) the Tax-Related Items are converted to local currency and remitted to the tax authorities and (ii) net cash proceeds are converted to local currency and distributed to the Participant. The Participant acknowledges that through the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Participant. The Participant agrees to sign any agreements, forms and/or consents that may be requested by the Company or the Company’s designated broker to effectuate any of the remittances, transfers, conversions or other processes affecting the proceedsspecial account described above. The Participant further agrees to comply with any other requirements that may be imposed by the Company in the future in order to facilitate compliance with exchange control requirements in Chinathe PRC. For shares issued under Notifications Exchange Control Information. PRC residents may be required to report to SAFE all details of their foreign financial assets and liabilities, as well as details of any economic transactions conducted with non-PRC residents. France Terms and Conditions Language Consent. By accepting the Plangrant of Special Retention Awards and the Award Agreement, these additional requirements may includewhich provides for the terms and conditions of your Special Retention Awards, but the Participant confirms having read and understood the documents relating to this Award (the Plan and the Award Agreement, including this Appendix) which were provided to the Participant in English. The Participant accepts the terms of those documents accordingly. En acceptant l’Attribution d’Actions Attribuées et ce Contrat d’Attribution qui contient les termes et conditions des Actions Attribuées, le Participant confirme avoir lu et compris les documents relatifs à cette attribution (le Plan et le Contrat d’Attribution, ainsi que les Annexes) qui ont été transmis au Participant en langue anglaise. Le Participant accepte ainsi les conditions et termes de ces documents. Notifications Tax Information. The Special Retention Awards are not limited tointended to be French tax-qualified awards. Foreign Asset/Account Reporting Information. French residents are required to report all foreign accounts (whether open, a requirement current or closed) to maintain any shares of Common Stock acquired under the Plan in an account French tax authorities when filing their annual tax returns. The Participant should consult with a Company-designated broker and/or his or her personal advisor to sell any shares of Common Stock that the Participant receives immediately upon issuance (as described above) or upon termination of the Participant’s service ensure compliance with the Mondelēz Group.applicable reporting obligations. B-5
Appears in 1 contract
Samples: Special Retention Award Agreement