Existing Equity Awards. “Existing Equity Awards” means stock options to purchase shares of the Company’s common stock that have been granted to Executive prior to the Effective Date and remain outstanding as of the Effective Date.
Existing Equity Awards. (a) By virtue of the EVI Merger and without any action on the part of the holders thereof, each (i) EVI Stock Option issued on or before September 11, 2020, whether vested or unvested, that is outstanding and unexercised as of immediately prior to the EVI Effective Time shall, as of the EVI Effective Time, cease to represent a right to acquire shares of EVI Common Stock and shall be converted into an option (a “Parent Stock Option”) to acquire, on the same terms and conditions (including with respect to exercisability and the ability to pay the exercise price and satisfy applicable tax or other withholding obligations by reduction of the amount of shares otherwise deliverable) as were applicable to such EVI Stock Option immediately prior to the EVI Effective Time except the vesting of such EVI Stock Options shall be accelerated and (ii) EVI Stock Option issued on or after September 12, 2020, whether vested or unvested, that is outstanding and unexercised as of immediately prior to the EVI Effective Time shall, as of the EVI Effective Time, cease to represent a right to acquire shares of EVI Common Stock and shall be converted into a Parent Stock Option to acquire, on the same terms and conditions (including with respect to vesting, exercisability and the ability to pay the exercise price and satisfy applicable tax or other withholding obligations by reduction of the amount of shares otherwise deliverable) as were applicable to such EVI Stock Option immediately prior to the EVI Effective Time, the number of shares of Parent Common Stock (rounded, if necessary, up to the nearest whole share) determined by multiplying the number of shares of EVI Common Stock subject to such EVI Stock Option as of immediately prior to the EVI Effective Time by the EVI Merger Consideration, at an exercise price per share of Parent Common Stock (rounded, if necessary, up to the nearest one-tenth of one cent) equal to the exercise price per share of EVI Common Stock under such EVI Stock Option divided by the EVI Merger Consideration; provided, however, that the adjustments provided in this Section 3.8 with respect to any EVI Stock Options, whether or not they are “incentive stock options” as defined in Section 422 of the Code, are intended to be effected in a manner that is consistent with Section 424(a) of the Code and Section 409A of the Code and the respective regulations promulgated thereunder.
Existing Equity Awards. The parties agree that the termination of Consultant’s employment with the Company shall constitute the “Approved Retirement” of Consultant under those certain option agreements, dated January 30, 2004 (40,000 shares @ $17.37 per share), and January 20, 2005 (10,000 shares @ $21.45 per share) and those certain restricted stock unit award agreements dated January 30, 2004 (10,000 units) and January 20, 2005 (1,500 units).
Existing Equity Awards. The parties hereto acknowledge that the Chairman holds restricted shares of the Company’s Common Stock, a portion of which is subject to a repurchase option in favor of the Company in the event the Chairman ceases to provide services to the Company and stock option awards exercisable for shares of the Company’s Common Stock (collectively, the “Existing Equity Awards” and together with the Option and any future equity awards granted to Chairman, the “Equity Awards”). Other than as set forth in Section 2.5 below, nothing herein is intended to amend or otherwise alter the provisions of the Existing Equity Award or the agreements and documents governing the terms of such awards.
Existing Equity Awards. (a) Holders of Company Option Awards (whether vested or unvested) shall not receive any amount of the Per Share Merger Consideration or any other consideration.
Existing Equity Awards. For the avoidance of doubt, with respect to any equity incentive awards previously granted to Executive (the “Existing Equity Awards”), the award agreements and the equity incentive plans pursuant to which such awards were granted will continue to govern and, except as specifically provided in Sections 9(b)(iv) and 9(c)(iii), this Agreement does not amend or replace any of the terms and conditions of such awards. (b)
Existing Equity Awards. Except as otherwise provided in this Agreement, the option granted to Executive by VMU on November 12, 2008 and the restricted stock unit grants made or assumed by VMU on February 14, 2007, May 23, 2007, March 13, 2008, and February 23, 2009 (“Existing Equity Awards”) shall continue to be governed by their respective existing terms and conditions, subject to the terms of the Merger Agreement as to conversions and assumptions and Section 6(b) below.
Existing Equity Awards. The Parties acknowledge and agree that Executive’s equity awards as of the Separation Date under the Company’s Amended and Restated 2011 Equity Compensation and Incentive Plan (the “Equity Plan”) are as set forth in Exhibit B hereto. Executive’s stock options and restricted stock units shall continue to be governed by the terms and conditions set forth in the Equity Plan and the agreements evidencing such awards, which shall continue in full force and effect following execution of this Agreement. For the avoidance of doubt, any Performance-Vested Equity Award (as such term is defined in that certain Amended and Restated Change-in-Control Severance Agreement, dated as of January 26, 2016, by and between the Company and Executive (the “Change-in-Control Agreement”)) shall be determined under the terms of the underlying award agreement and the vesting of any equity award (other than a Performance-Vested Equity Award) shall be pro-rated for your period of service through the date of termination. Consistent with the Company’s Corporate Governance Guidelines, Executive shall not sell any Company stock for a period of ninety (90) days following the Separation Date.
Existing Equity Awards. As of the Effective Date, Employee is the holder of certain outstanding and unexpired compensatory options entitling Employee to purchase shares of common stock of the Company and/or its subsidiary, TerreStar, and 15,000 shares of restricted stock issued by the Company. The Company and Employee agree (i) that Employee’s right to exercise such options and her rights to the underlying stock to be acquired upon exercise of such options are fully vested, and (ii) that all restrictions on such restricted stock have lapsed, in each case as of September 25, 2006.
Existing Equity Awards. Your existing stock options, as well as the restricted shares that you have purchased with funds earned prior to the date hereof under the Company’s Annual Incentive Bonus Plan (which are set forth on Exhibit B to this Agreement), shall continue to vest (if applicable) and remain exercisable in accordance with the terms of the applicable plan.
