Grantee’s Agreement. Grantee expressly and specifically agrees that:
(a) The grant of the options is special incentive compensation which shall not be taken into account as "wages" or "salary" in determining the amount of payment or benefit to the Grantee under any pension, thrift, stock or deferred compensation plan of the Company or any affiliate, as the case may be; and
(b) On behalf of the Grantee's beneficiary, such grant shall not affect the amount of any life insurance coverage available to such beneficiary under any life insurance plan covering employees of the Company or any affiliate.
Grantee’s Agreement. Grantee expressly and specifically agrees that:
(a) With respect to the calendar year in which options are exercised, the Grantee shall include in his gross income for federal income tax purposes the amount, if any, by which the fair market value of the Common Stock on the date of exercise as determined in Section 6.7(b) of the Plan exceeds the Option Price;
(b) The grant of the options is special incentive compensation which shall not be taken into account as "wages" or "salary" in determining the amount of payment or benefit to the Grantee under any pension, thrift, stock or deferred compensation plan of the Company, as the case may be; and
(c) On behalf of the Grantee's beneficiary, such grant shall not affect the amount of any life insurance coverage available to such beneficiary under any life insurance plan covering employees of the Company or any subsidiary.
Grantee’s Agreement. Grantee expressly and specifically agrees that:
(a) With respect to the calendar year in which such phantom performance shares are vested Grantee shall include in his gross income for federal income tax purposes the fair market value of the phantom performance shares.
(b) The grant of the phantom performance shares is special incentive compensation which will not be taken into account as “wages” or salary” in determining the amount of payment or benefit to Grantee under any pension, thrift, stock, or deferred compensation plan of the Company.
(c) In behalf of Grantee’s beneficiary, such grant shall not affect the amount of any life insurance coverage available to such beneficiary under any life insurance plan covering employees of the Company or any subsidiary.
(d) The Company may withhold any federal, state, or local tax liability owed as a result of the performance shares vesting.
Grantee’s Agreement. Grantee expressly and specifically agrees that:
(a) With respect to the calendar year in which all or a portion of the option is exercised, Grantee will include in his or her gross income for federal, state and local income tax purposes the amount, if any, by which the fair market value of the Common Stock on the date of exercise, as determined pursuant to the Plan, exceeds the exercise price times the number of shares acquired pursuant to such exercise; and
(b) The grant of this option is special incentive compensation that will not be taken into account as “wages” or “salary” in determining the amount of payment or benefit to Grantee under any other compensation or insurance plan of the Company.
Grantee’s Agreement. Grantee expressly and specifically agrees that, with respect to the calendar year in which such shares are granted, Grantee shall include in his gross income for federal income tax purposes the fair market value of the shares.
Grantee’s Agreement. Grantee expressly and specifically agrees that:
(a) With respect to the calendar year in which such performance shares are vested, Grantee shall include in his gross income for federal income tax purposes the fair market value of the performance shares upon the vesting of the performance shares.
(b) The grant of options is special incentive compensation which will not be taken into account as "wages" or "salary" in determining the amount of payment or benefit to Grantee under any pension, thrift, stock, or deferred compensation plan of the Company.
Grantee’s Agreement. Grantee expressly and specifically agrees that:
(a) With respect to the calendar year in which any of the performance shares vest, Grantee will include in his or her gross income for federal, state and local income tax purposes the fair market value of the performance shares that vested.
(b) The grant of performance shares is special incentive compensation that will not be taken into account as “wages” or “salary” in determining the amount of payment or benefit to Grantee under any other compensation or insurance plan of the Company.
(c) The Company may hold the certificate for unvested performance shares until the performance shares vest or the performance shares may be uncertificated shares issued in the name of the Grantee and held in a restricted account by the Company’s transfer agent.
(d) Grantee may pay to the Company any federal, state or local tax withholding owed as a result of the performance shares vesting with shares of Common Stock owned by Grantee on the date of vesting or with the shares of unrestricted Common Stock acquired upon vesting (the shares of Common Stock being valued at fair market value on the date of vesting).
Grantee’s Agreement. Grantee expressly and specifically agrees that with respect to the calendar year in which such options are exercised, Grantee shall include in his gross income for federal income tax purposes the amount, if any, by which the fair market value of the stock on the date of exercise as determined in Section 6.7(b) of the Plan exceeds the option price.
Grantee’s Agreement. Grantee expressly and specifically agrees that Grantee shall include in his gross income for federal income tax purposes the fair market value of the performance shares on the date of grant, which price per share is ______.
Grantee’s Agreement. (a) In consideration of the Award Shares granted to Grantee pursuant to this Agreement, Grantee agrees and covenants that, unless otherwise provided in any employment or severance agreement entered into by and between the Grantee and the Company or any of its subsidiaries (in which case the corresponding provisions therein shall control), the Grantee hereby agrees effective as of the Grant Date, to continue to comply in all respects with the terms and provisions of Section 23 of that certain Management Stockholder’s Agreement by and between the Company and the Grantee dated as of the date hereof and attached hereto as an Exhibit.
(b) Notwithstanding clause (a) above, if at any time a court holds that the restrictions stated in such clause (a) are unreasonable or otherwise unenforceable under circumstances then existing, the parties hereto agree that the maximum period, scope or geographic area determined to be reasonable under such circumstances by such court will be substituted for the stated period, scope or area. Because the Grantee’s services are unique and because the Grantee has had access to Confidential Information, the parties hereto agree that money damages will be an inadequate remedy for any breach of this Agreement. In the event of a breach or threatened breach of this Agreement, the Company or its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive relief in order to enforce, or prevent any violations of, the provisions hereof (without the posting of a bond or other security).
(c) In the event that the Grantee breaches any of the provisions of Section 2(a), in addition to all other remedies that may be available to the Company, the Grantee shall be required to pay to the Company any amounts actually paid to him or her by the Company in respect of any repurchase by the Company of any Options or Stock held by such Grantee
(d) Grantee acknowledges that the foregoing covenants are supplemental to any such covenants by which the Grantee is already bound and that they do not replace such pre-existing obligations. Further, Grantee agrees that the covenant not to compete in Section 2(a) above is ancillary to the agreement herein concerning confidential information and to other agreements between the parties.
(e) Grantee acknowledges and agrees that the foregoing covenants are reasonable and necessary for the protection of t...
