Former Employees and Former Tyco Directors. Tyco Restricted Stock Units, Performance Share Units and Deferred Stock Units held by Former Tyco Employees and Former ADT North American R/SB Employees shall be treated in the same manner as described in Section 6.2(a)(i) above. Notwithstanding the foregoing, if a written agreement between a Party (or any of their Affiliates or Subsidiaries) and the holder of any such Tyco Restricted Stock Unit, Performance Share Unit or Deferred Stock Unit prior to the ADT NA Distribution Date expressly provides for contrary treatment, such units shall be treated in accordance with the provisions of such individual agreement. Tyco Restricted Stock Units and Deferred Stock Units held by individuals who formerly served as Tyco Directors and on and after the ADT NA Distribution Date are not serving as Tyco Directors shall be treated in the same manner as described in Section 6.2(a)(i) above, except to the extent expressly provided to the contrary in a written agreement with the holder of such Tyco Restricted Stock Unit or Deferred Stock Unit, in which case such units shall be treated in accordance with the provisions of such individual agreement.
Appears in 4 contracts
Samples: Separation and Distribution Agreement (ADT, Inc.), Separation and Distribution Agreement (ADT, Inc.), Separation and Distribution Agreement (Tyco International LTD)
