Common use of Incorporation By Reference; Plan Document Receipt Clause in Contracts

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 162 contracts

Samples: Restricted Stock Unit Award Agreement (Hagerty, Inc.), Restricted Stock Unit Award Agreement (Hagerty, Inc.), Performance Restricted Stock Unit Award Agreement (Hagerty, Inc.)

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Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. No part of the Option granted hereby is intended to qualify as an “incentive stock option” under Section 422 of the Code.

Appears in 44 contracts

Samples: Nonqualified Stock Option Agreement (Concentra Group Holdings Parent, Inc.), Nonqualified Stock Option Agreement (QualTek Services Inc.), Non Qualified Stock Option Agreement (European Sustainable Growth Acquisition Corp.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 43 contracts

Samples: Other Cash Based Award Agreement (Express, Inc.), Restricted Stock Agreement (GreenSky, Inc.), Restricted Stock Unit and Other Cash Based Award Agreement (Express, Inc.)

Incorporation By Reference; Plan Document Receipt. This Except as specifically provided herein, this Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunderthis Award), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any Except as provided otherwise herein, any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan this Agreement shall control.

Appears in 35 contracts

Samples: Performance Based Restricted Stock Unit Award Agreement (Amplify Energy Corp.), Restricted Stock Unit Award Agreement (Berry Corp (Bry)), Performance Based Restricted Stock Unit Award Agreement (Berry Corp (Bry))

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any a conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 27 contracts

Samples: Restricted Stock Unit Award Agreement (Vitamin Shoppe, Inc.), Performance Stock Unit Award Agreement (Vitamin Shoppe, Inc.), Restricted Stock Award Agreement (Vitamin Shoppe, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. No part of the Option granted hereby is intended to qualify as an “incentive stock option” under Section 422 of the Code.

Appears in 20 contracts

Samples: Nonqualified Stock Option Agreement (Nano Nuclear Energy Inc.), Nonqualified Stock Option Agreement (Nano Nuclear Energy Inc.), Nonqualified Stock Option Agreement (Solid Biosciences Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided grant of the option hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in under the Plan. The Participant Optionee hereby acknowledges receipt of a true copy of the Plan and that the Participant Optionee has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 19 contracts

Samples: Non Qualified Stock Option Agreement (zSpace, Inc.), Incentive Stock Option Agreement (zSpace, Inc.), Incentive Stock Option Agreement (Plastic2Oil, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any Except as provided otherwise herein, any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 16 contracts

Samples: Employee Restricted Stock Unit Agreement (Alta Equipment Group Inc.), Restricted Stock Unit Agreement (Alta Equipment Group Inc.), Employee Restricted Stock Unit Agreement (Alta Equipment Group Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant Employee hereby acknowledges receipt of a true copy of the Plan and that the Participant Employee has read the Plan carefully and fully understands its content. In the event of any a conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 15 contracts

Samples: Performance Restricted Stock Unit Agreement (GT Advanced Technologies Inc.), Performance Restricted Stock Unit Agreement (GT Advanced Technologies Inc.), Performance Restricted Stock Unit Agreement (GT Advanced Technologies Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall will have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall will control.

Appears in 12 contracts

Samples: Performance Based Restricted Stock Unit Agreement (Ryan Specialty Holdings, Inc.), Restricted Stock Unit Agreement (Paycor Hcm, Inc.), Restricted Stock Agreement (Ryan Specialty Group Holdings, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Restricted Stock Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 10 contracts

Samples: Restricted Stock Agreement (Andersons, Inc.), Restricted Stock Agreement (Andersons, Inc.), Restricted Stock Agreement (Andersons, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided grant of the RSUs hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its contentcontents. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 10 contracts

Samples: Restricted Stock Unit Agreement (Silverbow Resources, Inc.), Restricted Stock Unit Agreement (Silverbow Resources, Inc.), Restricted Stock Unit Agreement (Silverbow Resources, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided grant of Restricted Stock hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in under the Plan. The Participant Grantee hereby acknowledges receipt of a true and complete copy of the Plan and that the Participant Grantee has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 10 contracts

Samples: Restricted Stock Agreement (RCN Corp /De/), Restricted Stock Agreement (RCN Corp /De/), Restricted Stock Agreement (RCN Corp /De/)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant Grantee hereby acknowledges receipt of a true copy of the Plan and that the Participant Grantee has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 9 contracts

Samples: Incentive Stock Option Agreement (GRIID Infrastructure Inc.), Restricted Stock Agreement (GRIID Infrastructure Inc.), Restricted Stock Unit Agreement (GRIID Infrastructure Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award this Agreement provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 9 contracts

Samples: Restricted Stock Unit Agreement (Covia Holdings Corp), Performance Stock Unit Agreement (Covia Holdings Corp), Performance Award Agreement (Covia Holdings Corp)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless if such amendments are expressly intended not to apply to the Award provided grant of. the option hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in under the Plan. The Participant optionee hereby acknowledges receipt of a true copy of the Plan and that the Participant Optionee has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 8 contracts

Samples: Stock Option Agreement (Reading & Bates Corp), Stock Option Agreement (Reading & Bates Corp), Stock Option Agreement (Reading & Bates Corp)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award Performance Stock Unit provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 8 contracts

Samples: Performance Stock Unit Agreement (Andersons, Inc.), Performance Stock Unit Agreement (Andersons, Inc.), Performance Stock Unit Agreement (Andersons, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided grant of the RSUs hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 7 contracts

Samples: Restricted Stock Unit Agreement (Masonite International Corp), Restricted Stock Unit Agreement (Masonite International Corp), Restricted Stock Unit Agreement (Masonite International Corp)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall will have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall will control. No part of the Option granted hereby is intended to qualify as an “incentive stock option” under Section 422 of the Code.

Appears in 7 contracts

Samples: Nonqualified Stock Option Agreement (Paycor Hcm, Inc.), Nonqualified Stock Option Agreement (Ryan Specialty Group Holdings, Inc.), Nonqualified Stock Option Agreement (Ryan Specialty Group Holdings, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant Executive hereby acknowledges receipt of a true copy of the Plan and that the Participant Executive has read the Plan carefully and fully understands its content. In the event of any a conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 7 contracts

Samples: Restricted Share Award Agreement (Vector Group LTD), Restricted Share Award Agreement (Vector Group LTD), Restricted Share Award Agreement (Vector Group LTD)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any a conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 4 contracts

Samples: Restricted Stock Unit Award Agreement (Clearwire Corp /DE), Restricted Stock Unit Award Agreement (Clearwire Corp), Restricted Stock Unit Award Agreement (Clearwire Corp /DE)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments and which are expressly intended not to apply to the Award grant of the award provided hereunderfor herein), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any a conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 4 contracts

Samples: Restricted Share Award Agreement (First Albany Companies Inc), Restricted Share Award Agreement (Gleacher & Company, Inc.), Restricted Share Award Agreement (First Albany Companies Inc)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its contentcontents. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 4 contracts

Samples: Stock Option Agreement (Swift Energy Co), Stock Option Agreement (Swift Energy Co), Stock Option Agreement (Swift Energy Co)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time time, unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 3 contracts

Samples: Performance Share Unit Award Agreement (loanDepot, Inc.), Restricted Stock Unit Award Agreement (loanDepot, Inc.), Performance Award Agreement (loanDepot, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 3 contracts

Samples: Performance Stock Unit Agreement (Torrid Holdings Inc.), Performance Stock Unit Agreement (Torrid Holdings Inc.), Director Other Stock Based Award Agreement (Monomoy Ultimate GP, LLC)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan this Agreement shall control.

Appears in 3 contracts

Samples: Restricted Stock Unit Agreement (21st Century Oncology Holdings, Inc.), Restricted Stock Agreement (21st Century Oncology Holdings, Inc.), Restricted Stock Agreement (21st Century Oncology Holdings, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto set forth in the Plan. The Participant hereby acknowledges receipt of that the Participant has received a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its contentcontents. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 3 contracts

Samples: Restricted Stock Unit & Cash Bonus Award Agreement (Jason Industries, Inc.), Restricted Stock Unit Award Agreement (Jason Industries, Inc.), Restricted Stock Unit & Cash Bonus Award Agreement (Jason Industries, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Performance Stock Unit Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan this Agreement shall control.

Appears in 3 contracts

Samples: Performance Stock Unit Agreement (Yellow Corp), Cash Settled Performance Stock Unit Agreement (YRC Worldwide Inc.), Performance Stock Unit Agreement (YRC Worldwide Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless if such amendments are expressly intended not to apply to the Award provided grant of the stock appreciation right hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in under the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 2 contracts

Samples: Stock Appreciation Right Agreement (First Albany Companies Inc), Stock Appreciation Right Agreement (First Albany Companies Inc)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless if such amendments are expressly intended not to apply to the Award provided grant of the stock appreciation right hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in under the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.its

Appears in 2 contracts

Samples: Stock Appreciation Right Agreement (First Albany Companies Inc), Stock Appreciation Right Agreement (First Albany Companies Inc)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Restricted Stock Unit Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan this Agreement shall control.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Performance Shares) (Civitas Solutions, Inc.), Restricted Stock Unit Agreement (Performance Shares) (Civitas Solutions, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless if such amendments are expressly intended not to apply to the Award grant of the award provided hereunderfor herein), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in under the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Gleacher & Company, Inc.), Restricted Share Award Agreement (First Albany Companies Inc)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. No part of the Option (as defined below) granted hereby is intended to qualify as an “incentive stock option” under Section 422 of the Code.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (GSE Holding, Inc.), Non Qualified Stock Option Agreement (GSE Holding, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided grant of the Restricted Shares hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in under the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 2 contracts

Samples: Restricted Share Award Agreement (Rand Logistics, Inc.), Restricted Share Award Agreement (Rand Logistics, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunderthis Award), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any a conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement (Clearwire Corp /DE), Restricted Stock Unit Award Agreement (Clearwire Corp /DE)

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Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any a conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 2 contracts

Samples: Performance Cash Award Agreement (Vitamin Shoppe, Inc.), Restricted Cash Award Agreement (Vitamin Shoppe, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Acadia Healthcare Company, Inc.), Restricted Stock Agreement (Acadia Healthcare Company, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan this Agreement shall control. No part of the Option granted hereby is intended to qualify as an “incentive stock option” under Section 422 of the Code.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (21st Century Oncology Holdings, Inc.), Nonqualified Stock Option Agreement (21st Century Oncology Holdings, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the grant of the Cash Incentive Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its contentcontents. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 2 contracts

Samples: Cash Incentive Award Agreement (Silverbow Resources, Inc.), Cash Incentive Award Agreement (Silverbow Resources, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time time, unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan Plan, and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (ITHAX Acquisition Corp.), Restricted Stock Unit Agreement (Mondee Holdings, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.its

Appears in 2 contracts

Samples: Restricted Stock Agreement (21st Century Oncology Holdings, Inc.), Restricted Stock Agreement (21st Century Oncology Holdings, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless if such amendments are expressly intended not to apply to the Award provided grant of the option hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in under the Plan. The Participant Optionee hereby acknowledges receipt of a true copy of the Plan and that the Participant Optionee has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 2 contracts

Samples: Stock Option Award Agreement (First Albany Companies Inc), Non Qualified Stock Option Agreement (BGLS Inc)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any a conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.. 42593.1

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Vitamin Shoppe, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time in accordance with the terms of the Plan on the Grant Date unless such amendments are expressly intended not to apply to the Award PRSUs provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 1 contract

Samples: Performance Restricted Stock Unit Agreement (Agiliti, Inc. \De)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided grant of the option hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in under the Plan. The Participant Grantee hereby acknowledges receipt of a true copy of the Plan and that the Participant Grantee has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Kandi Technologies Group, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided grant of the restricted stock award hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in under the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 1 contract

Samples: Restrictive Stock Award Agreement (China Health Industries Holdings, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award Grant provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 1 contract

Samples: Performance Unit Agreement (WideOpenWest, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award RSUs provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant Grantee hereby acknowledges receipt of a true copy of the Plan and that the Participant Grantee has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Seaport Entertainment Group Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject governed in all respects to by the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Legacy Reserves Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time (subject to Section 13.1 of the Plan (or similar provision in any successor plan)) unless such amendments are expressly intended not to apply to the Award provided grant of the Option hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan.

Appears in 1 contract

Samples: Employment Agreement (Tronox Inc)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereundertime), all of which terms and provisions are made a part of and incorporated in into this Agreement as if they were each expressly set forth herein. Any Except as provided otherwise herein, any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and confirms that the Participant has read the Plan carefully and fully understands its contentcontents. In the event of any conflict or inconsistency between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Atlas Technical Consultants, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. 1 To be used only for participants who have not previously executed a Covenant Agreement.

Appears in 1 contract

Samples: Restricted Stock Agreement (Roundy's, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time time, unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (loanDepot, Inc.)

Incorporation By Reference; Plan Document Receipt. This Notwithstanding that the Option is being granted outside of the Plan, this Agreement shall be administered by the Committee and is otherwise subject in all respects to the terms and provisions of the Plan (includingapplicable to Stock Options, without limitation, any amendments thereto adopted at any time Options and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder)Awards, all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan this Agreement shall control.

Appears in 1 contract

Samples: Non Qualified Stock Option Award Agreement (Freshpet, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided grant of the option hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant Optionee hereby acknowledges receipt of a true copy of the Plan and that the Participant Optionee has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Solutia Inc)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any Except as provided otherwise herein, any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Midstates Petroleum Company, Inc.)

Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated in this Agreement as if they were each expressly set forth herein. Any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. 1 Will equal the 200% number of 2015, 2016 and 2017 Performance Vesting Shares that can potentially be earned.

Appears in 1 contract

Samples: Performance Based Restricted Stock Unit Agreement (Roundy's, Inc.)

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