Common use of Exchange Control Restrictions Clause in Contracts

Exchange Control Restrictions. The Optionee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China any cash proceeds from dividends and/or the cashless exercise of the Option. The 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 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 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 Optionee 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 Optionee agrees to bear any currency fluctuation risk between the date the Option is exercised 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 Optionee. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 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.

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.)

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Exchange Control Restrictions. The Optionee Participant understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China any the cash proceeds from dividends and/or the cashless exercise sale of shares of Common Stock acquired under the OptionLTI Grant. The Optionee 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 Optionee 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 Optionee 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 Optionee Participant 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 Optionee Participant agrees to bear any currency fluctuation risk between the date the Option is exercised or dividends shares of Common Stock acquired from the LTI Grant are paid 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 OptioneeParticipant. The Optionee Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the OptioneeParticipant. The Optionee 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 Optionee 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 Optionee Employee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China any cash proceeds from the sale of shares of Common Stock acquired from the Deferred Stock Units and any dividends and/or dividend equivalents paid to the cashless exercise of the OptionEmployee in cash. The Optionee 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 Optionee 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 Optionee 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 Optionee Employee 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 Optionee Employee agrees to bear any currency fluctuation risk between the date the Option is exercised shares of Common Stock acquired from the 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 OptioneeEmployee. The Optionee Employee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the OptioneeEmployee. The Optionee 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 Optionee 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 Deferred Stock Units, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired from the Deferred Stock Units in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Employee receives immediately upon vesting of the Deferred Stock Units (as explained above) or upon termination of the Employee’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 Optionee 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 proceeds from the sale of any Shares acquired under the Plan or from any cash proceeds from dividends and/or the cashless exercise of the Optionpaid on such Shares. The Optionee 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 Optionee 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 Optionee acknowledges Participant 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 Optionee Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Optionee restrictions, and (ii) the Participant agrees to bear any currency fluctuation risk between the date time the Option is exercised 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 OptioneeParticipant. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee further Participant 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.

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 Optionee 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 proceeds from the sale of any Shares acquired under the Plan or from any cash proceeds from dividends and/or the cashless exercise of the Optionpaid on such Shares. The Optionee 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 Optionee 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 Optionee 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 Optionee Executive acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Optionee restrictions, and (ii) the Executive agrees to bear any currency fluctuation risk between the date time the Option is exercised 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 OptioneeExecutive. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee 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.

Appears in 5 contracts

Samples: Performance Based Restricted Stock Unit Agreement (Carnival PLC), Restricted Stock Unit Agreement (Carnival PLC), Management Incentive Plan Tied Restricted Stock Unit Agreement (Carnival PLC)

Exchange Control Restrictions. The Optionee 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 any cash dividends (to the 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 dividends and/or the cashless exercise sale of any Shares acquired under the OptionEquity Programs. The Optionee 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 Optionee 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 Optionee acknowledges Participant 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 Optionee Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion 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 Optionee Participant agrees to bear any currency fluctuation risk between the date the Option is exercised or time dividends are paid declared or the 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 OptioneeParticipant. The Optionee acknowledges Participant 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 Optionee. The Optionee 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 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.

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 Optionee 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 or the receipt of any dividends and/or the cashless exercise of the Optionon such shares). The Optionee 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 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 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 Optionee 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 Optionee acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate and there may face be delays in converting the proceeds to local currency due to exchange control restrictions in Chinarestrictions. The Optionee agrees to I agree that I bear the risk of any currency exchange conversion rate fluctuation risk between the date the Option is exercised or dividends are paid 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 Optioneetime. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee 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.

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 Optionee 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 any cash dividends and proceeds from dividends and/or the cashless exercise sale of any shares of Stock acquired under the OptionPlan. The Optionee further Grantee also understands that, under local law, and agrees that such repatriation of the cash 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 Subsidiary in China, and the Optionee Grantee hereby consents and agrees that any cash dividends and proceeds received in connection with from the sale of shares of Stock acquired under 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 Optionee 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 Optionee Grantee acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in Chinarestrictions. The Optionee Grantee agrees to bear any currency fluctuation risk between the date time the Option is exercised or dividends shares of Stock are paid 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 OptioneeGrantee. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee 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. The Grantee acknowledges and agrees that the processes and requirements set forth herein shall continue to apply following the Grantee’s termination of employment.

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 Optionee 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 any cash dividends and proceeds from dividends and/or the cashless exercise sale of any shares of Common Stock acquired under the OptionPlan. The Optionee further Participant also understands that, under local law, and agrees that such repatriation of the cash 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 Subsidiary, and the Optionee Participant hereby consents and agrees that any cash dividends and proceeds received in connection with from the sale of shares of Common Stock 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 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 Optionee acknowledges Participant 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 Optionee Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in Chinarestrictions. The Optionee Participant agrees to bear any currency fluctuation risk between the date time the Option is exercised or dividends shares of Common Stock are paid 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 OptioneeParticipant. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee 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. 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 pursuant to the Plan 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”), and repatriate the sales proceeds to China in the manner designated by the Company. The Participant understands that any shares of Common Stock the Participant holds under the Plan that have not been sold by the Mandatory Sale Date will automatically be sold by the Company’s designated broker at the Company’s direction (on the Participant’s behalf 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 Optionee 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 any cash dividends and proceeds from dividends and/or the cashless exercise sale of any shares of Common Stock acquired under the OptionPlan. The Optionee further understands that, under local law, You also understand and agree that such repatriation of the cash proceeds will may need to be effected through a special exchange control bank account established by a member the Company or its Subsidiary, and you hereby consent and agree that dividends and proceeds from the sale of the Mondelēz Group and the Optionee hereby consents and agrees that any cash proceeds received in connection with shares of Common Stock acquired under 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 Optionee 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 Optionee acknowledges you acknowledge that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in Chinarestrictions. The Optionee agrees You agree to bear any currency fluctuation risk between the date time the Option is exercised or dividends shares of Common Stock are paid 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 Optioneeyou. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee 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. 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 pursuant to the Plan 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”), and repatriate the sales proceeds to China in the manner designated by the Company. You understand that any shares of Common Stock you hold under the Plan that have not been sold by the Mandatory Sale Date will automatically be sold by the Company’s designated broker at the Company’s direction (on your behalf pursuant to this 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 Optionee Participant understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China any the cash proceeds from dividends and/or the cashless exercise sale of shares of Common Stock acquired under the OptionLTI Grant. The Optionee 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 Optionee 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 Optionee 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 Optionee Participant 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 Optionee Participant agrees to bear any currency fluctuation risk between the date the Option is exercised or dividends shares of Common Stock acquired from the LTI Grant are paid 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 OptioneeParticipant. The Optionee Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the OptioneeParticipant. The Optionee 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 Optionee 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 Optionee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China any the cash proceeds from dividends and/or the cashless exercise of the Option. The 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 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 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 Optionee 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 Optionee agrees to bear any currency fluctuation risk between the date the Option is exercised or dividends 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 Optionee. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 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.

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 Optionee 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 Grantee under the Plan to the PRC, including any cash proceeds from the sale of Shares acquired under the Plan or dividends and/or or other distributions. Further, the cashless exercise of the Option. The Optionee further 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 Optionee 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 Optionee 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 Optionee 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 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 Optionee Grantee agrees to bear any currency fluctuation risk between the date time the Option is exercised or dividends Shares are paid 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 OptioneeGrantee. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee 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 Chinarequirements.

Appears in 2 contracts

Samples: Performance Stock Unit Award Agreement (Belden Inc.), Restricted Stock Unit Award Agreement (Belden Inc.)

Exchange Control Restrictions. The Optionee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China any cash proceeds from dividends and/or the cashless exercise of the Option. The 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 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 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 Optionee 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 Optionee agrees to bear any currency fluctuation risk between the date the Option is exercised 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 Optionee. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 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.

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 Optionee Employee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China any cash proceeds from the sale of shares of Common Stock acquired from the Deferred Stock Units and any dividends and/or dividend equivalents paid to the cashless exercise of the OptionEmployee in cash. The Optionee 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 Optionee 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 Optionee 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 Optionee Employee 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 Optionee Employee agrees to bear any currency fluctuation risk between the date the Option is exercised shares of Common Stock acquired from the 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 OptioneeEmployee. The Optionee Employee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the OptioneeEmployee. The Optionee 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 Optionee 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 Deferred Stock Units, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired from the Deferred Stock Units in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Employee receives May 22, 2024 immediately upon vesting of the Deferred Stock Units (as explained above) or upon termination of the Employee’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 Optionee Employee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the sale of shares of Common Stock acquired from the Deferred Stock Units and any cash proceeds from dividends and/or dividend equivalents paid to the cashless exercise of the OptionEmployee in cash. The Optionee 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 Optionee 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 Optionee 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 Optionee Employee 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 Optionee Employee agrees to bear any currency fluctuation risk between the date the Option is exercised or dividends shares of Common Stock acquired from the 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 OptioneeEmployee. The Optionee Employee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the OptioneeEmployee. The Optionee 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 Optionee 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 Deferred Stock Units, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired from the Deferred Stock Units in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Employee receives upon vesting of the Deferred Stock Units (as explained above) or upon termination of the Employee’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 Optionee 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 any the cash proceeds from dividends and/or the cashless exercise sale of the OptionCommon Shares and any cash distributions paid on such Common Shares to China. The Optionee 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 Optionee 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 Optionee 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 Optionee acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion 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 Optionee Participant agrees to bear any currency fluctuation risk between the date time the Option is exercised Common Shares are sold or dividends distributions are paid 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 Optioneethrough any such special exchange account. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee 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.

Appears in 2 contracts

Samples: Deferred Unit Agreement (Blackstone Group Inc), Deferred Unit Agreement (Blackstone Group Inc)

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Exchange Control Restrictions. The Optionee Participant understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China any the cash proceeds from dividends and/or the cashless exercise sale of shares of Common Stock acquired under the OptionLTI Grant. The Optionee 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 Optionee 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 Optionee 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 Optionee Participant 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 Optionee Participant agrees to bear any currency fluctuation risk between the date the Option is exercised or dividends shares of Common Stock acquired from the LTI Grant are paid 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 OptioneeParticipant. The Optionee Participant acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the OptioneeParticipant. The Optionee 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 Optionee 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 Optionee Employee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China the sale of shares of Common Stock acquired from the Deferred Stock Units and any cash proceeds from dividends and/or dividend equivalents paid to the cashless exercise of the OptionEmployee in cash. The Optionee 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 Optionee 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 Optionee 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 Optionee Employee 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 Optionee Employee agrees to bear any currency fluctuation risk between the date the Option is exercised or dividends shares of Common Stock acquired from the 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 OptioneeEmployee. The Optionee Employee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the OptioneeEmployee. The Optionee 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 Optionee 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 Deferred Stock Units, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired from the Deferred Stock Units in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Employee receives upon vesting of the Deferred Stock Units (as explained above) or upon termination of the Employee’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 Optionee 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 any the cash proceeds from dividends and/or the cashless sell-all exercise of the Optionyour Options to China. The Optionee 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 Optionee 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 Optionee 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 Optionee acknowledges you acknowledge that the Mondelēz Group Company is under no obligation to secure any currency conversion rate rate, and that it may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Optionee 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 Option is exercised or dividends are paid 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 Optioneecurrency. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee 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. 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.

Appears in 1 contract

Samples: Global Performance Based Stock Option Award Agreement (RetailMeNot, Inc.)

Exchange Control Restrictions. The Optionee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China any cash proceeds from dividends and/or the cashless exercise of the Option. The 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 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 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 Optionee 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 Optionee agrees to bear any currency fluctuation risk between the date the Option is exercised 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 Optionee. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 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.. 20 Foreign Asset/

Appears in 1 contract

Samples: Non Qualified Global Stock Option Agreement

Exchange Control Restrictions. The Optionee 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 permitted to transfer any shares of the Company’s Common Stock acquired under the Stock Purchase Plan out of my account with the Company’s designated broker, and (ii) will be required to immediately repatriate to China any all cash proceeds resulting from my participation in the Stock Purchase Plan, including cash dividends and/or paid by the cashless exercise Company on shares of the OptionCompany’s Common Stock acquired under the Stock Purchase Plan or the sale of such shares of Common Stock (together, the “cash proceeds”). The Optionee 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 Optionee 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 Optionee 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 Optionee acknowledges I acknowledge and agree that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate rate, and that it may face delays in converting the cash proceeds to local currency due to exchange control restrictions in China. The Optionee 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 Option cash dividend is exercised or dividends paid and/or the shares of Common Stock are paid 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 Optioneecurrency. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The Optionee 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 Optionee 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.

Appears in 1 contract

Samples: Employee Stock Purchase Plan Subscription Agreement (Cypress Semiconductor Corp /De/)

Exchange Control Restrictions. The Optionee 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 Plan, including proceeds from the sale of such Stock or any cash proceeds from dividends and/or paid by the cashless exercise Company on shares of Stock (together, the Option"cash proceeds") to China. The Optionee 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 Optionee 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 Optionee 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 Optionee acknowledges you acknowledge that the Mondelēz Group Company is under no obligation to secure any currency conversion rate rate, and that it may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Optionee 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 Option is exercised or dividends that any cash proceeds are paid 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 Optioneecurrency. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee 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. 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.

Appears in 1 contract

Samples: Global Performance Based Restricted Stock Unit Award Agreement (RetailMeNot, Inc.)

Exchange Control Restrictions. The Optionee 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 to China any cash payments or proceeds from dividends and/or obtained with respect to participation in the cashless exercise of Plan to the OptionPRC. The Optionee 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 Optionee 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 Optionee acknowledges that he or she Participant 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 Optionee acknowledges that the Mondelēz Group Company is under no obligation to secure any particular currency conversion 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 Optionee Participant agrees to bear any currency exchange rate fluctuation risk between the date time the Option is exercised or dividends cash proceeds are paid 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 OptioneeParticipant through the special account described above. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee 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.the PRC. 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 grant of Special Retention Awards and the Award Agreement, which provides for the terms and conditions of your Special Retention Awards, 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 intended to be French tax-qualified awards. Foreign Asset/Account Reporting Information. French residents are required to report all foreign accounts (whether open, current or closed) to the French tax authorities when filing their annual tax returns. The Participant should consult with his or her personal advisor to ensure compliance with applicable reporting obligations. B-5

Appears in 1 contract

Samples: Special Retention Award Agreement

Exchange Control Restrictions. The Optionee 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 proceeds of the sale of Shares and any cash proceeds from dividends and/or the cashless exercise of the Optionor Dividend Equivalents to China. The Optionee 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 Optionee 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 Optionee acknowledges that he or she Participant 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 Optionee acknowledges that the Mondelēz Group Company is under no obligation to secure any particular currency conversion rate and the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Optionee restrictions, and Participant agrees to bear any currency fluctuation risk between the date time the Option is exercised or dividends Shares are paid 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 OptioneeParticipant. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee 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. 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 RSUs, Shares acquired under the Plan and Plan-related transactions. Participant should consult his or her 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 Optionee Employee understands and agrees that, due to exchange control laws in China, he or she will be required to immediately repatriate to China any cash proceeds from the sale of shares of Common Stock acquired from the Deferred Stock Units and any dividends and/or dividend equivalents paid to the cashless exercise of the OptionEmployee in cash. The Optionee 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 Optionee 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 Optionee 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 Optionee Employee 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 Optionee Employee agrees to bear any currency fluctuation risk between the date the Option is exercised shares of Common Stock acquired from the 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 OptioneeEmployee. The Optionee Employee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the OptioneeEmployee. The Optionee 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 Optionee 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 Deferred Stock Units, these additional requirements may include, but are not limited to, a requirement to maintain any shares of Common Stock acquired from the Deferred Stock Units in an account with a Company-designated broker and/or to sell any shares of Common Stock that the Employee receives immediately upon vesting of the Deferred Stock Units (as explained above) or upon termination of the Employee’s service with the Mondelēz Group. 20

Appears in 1 contract

Samples: Global Deferred Stock Unit Agreement (Mondelez International, Inc.)

Exchange Control Restrictions. The Optionee 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 proceeds from the sale of any Shares acquired under the Plan or from any cash proceeds from dividends and/or the cashless exercise of the Optionpaid on such Shares. The Optionee 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 Optionee 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 Optionee acknowledges Participant 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 Optionee Participant acknowledges that the Mondelēz Group Company is under no obligation to secure any currency particular exchange conversion rate and that the Company may face delays in converting the proceeds to local currency due to exchange control restrictions in China. The Optionee restrictions, and (ii) the Participant agrees to bear any currency fluctuation risk between the date time the Option is exercised 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 OptioneeParticipant. The Optionee acknowledges that the Mondelēz Group will not be held liable for any delay in delivering the proceeds to the Optionee. The 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 Optionee further Participant 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. EU COUNTRIES This offer is being made to selected employees as part of an employee incentive programme in order to provide an additional incentive and to encourage employee share ownership and to increase the Participant’s interest in the success 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

Samples: Restricted Stock Unit Agreement (Carnival PLC)

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