Common use of Hostile Takeover Clause in Contracts

Hostile Takeover. Subject to Sections 5 and 6 below, in the event of a Hostile Takeover and regardless of whether the Employee’s employment with the Company is terminated in connection with the Hostile Takeover, each stock option, stock appreciation right, restricted stock award, restricted stock unit award or other equity-based award with respect to the Company’s securities (collectively the “Equity Awards”) held by the Employee shall become fully vested and/or immediately exercisable, as applicable, immediately prior to the consummation of the transaction and with respect to the Equity Awards which are in the form of stock options or stock appreciation rights, shall be exercisable to the extent so vested in accordance with the provisions of the agreement and plan pursuant to which such Equity Awards were granted.