Executive Retention Awards. Effective on consummation of the IPO, any awards under the Xxxx Foods Executive Retention Plan held by WhiteWave Employees related to performance criteria to be achieved after 2012 shall be cancelled. No payment shall be made in respect of any such cancelled Executive Retention Plan award. Awards under the Xxxx Foods Executive Retention Plan that are payable based upon the achievement of performance criteria through the end of 2012 (a “2012 Retention Award”) shall be made in accordance with its terms, treating employment with WhiteWave as though it were employment with the Xxxx Foods Group. Notwithstanding anything else in this Agreement to the contrary, the appropriate member of the Xxxx Foods Group shall be responsible for the payment of any portion of any such 2012 Retention Award payable to any Transferred Employee (or Delayed Transfer Employee) related to service performed in 2012 through the date the IPO is consummated (or, if applicable, the Transfer Date), with the remainder of such award being the responsibility of the member of the WhiteWave Group that employees such person.
Appears in 4 contracts
Samples: Employee Matters Agreement (Dean Foods Co), Employee Matters Agreement (WHITEWAVE FOODS Co), Employee Matters Agreement (WHITEWAVE FOODS Co)
