Number of Shares Available for Grants. The Plan authorizes the issuance of [one hundred thousand (100,000)] Shares subject to adjustments in accordance with Section 4.2. Shares issued pursuant Awards be made pursuant to Section 5.5(b) will not be charged against the Shares authorized for issuance under the Plan. Only Shares actually issued shall be charged against the Shares authorized for issuance under the Plan. If any Shares subject to an Award granted hereunder are forfeited or such Award otherwise terminates without the delivery of such Shares, the Shares subject to such Award, to the extent of any such forfeiture or termination, shall again be available for grant under the Plan. If any Shares subject to an Award granted hereunder are withheld or applied as payment in connection with the exercise of an Award or the withholding or payment of taxes related thereto (“Returned Shares”), such Returned Shares, shall again be available for grant under the Plan. The Committee shall from time to time determine the appropriate methodology for calculating the number of Shares to which an Award relates pursuant to the Plan. Shares delivered pursuant to the Plan may be, in whole or in part, authorized and unissued Shares, or treasury Shares, including Shares repurchased by the Company for purposes of the Plan.
Number of Shares Available for Grants. Subject to adjustment as provided in Section 4.2 and except as provided in Section 5.6(b), the maximum number of Shares hereby reserved for delivery under the Plan shall be:
Number of Shares Available for Grants. (a) Subject to adjustment as provided in Section 4.3 herein, the maximum number of Shares that may be delivered pursuant to Awards under the Plan shall be 14,000,000, provided that:
Number of Shares Available for Grants. The Plan authorizes the issuance of Ten Million (10,000,000) Shares subject to adjustments in accordance with Section 4.2 hereof Shares issued pursuant Awards be made pursuant to Section 5.5(b) hereof will not be charged against the Shares authorized for issuance under the Plan. Only Shares actually issued shall be charged against the Shares authorized for issuance under the Plan. If any Shares subject to an Award granted hereunder are forfeited or such Award otherwise terminates without the delivery of such Shares, the Shares subject to such Award, to the extent of any such forfeiture or termination, shall again be available for grant under the Plan. If any Shares subject to an Award granted hereunder are withheld or applied as payment in connection with the exercise of an Award or the withholding or payment of taxes related thereto (“Returned Shares”), such Returned Shares, shall again be available for grant under the Plan. The Committee shall from time to time determine the appropriate methodology for calculating the number of Shares to which an Award relates pursuant to the Plan. Shares delivered pursuant to the Plan may be, in whole or in part, authorized and unissued Shares, or treasury Shares, including Shares repurchased by the Company for purposes of the Plan.
Number of Shares Available for Grants. The shares of stock subject to Awards granted under the Plan shall be Shares. Such Shares subject to the Plan may be either authorized and unissued shares (which will not be subject to preemptive rights) or previously issued shares acquired by the Company or any Subsidiary. Subject to adjustment as provided in Section 4.2, the total number of Shares that may be delivered pursuant to Awards under the Plan shall be five million (5,000,000) Shares (the “Share Reserve”). For purposes of this Section 4.1, (a) each Share delivered pursuant to an Option shall reduce the Share Reserve by one (1) Share; (b) each Share subject to the exercised portion of a SAR (whether the distribution upon exercise is made in cash, Shares or a combination of cash and Shares) shall reduce the Share Reserve by one (1) Share; (c) each Share delivered pursuant to a Restricted Stock Unit Award, Performance Share Award, Performance Unit Award, or Other Stock-Based Award shall reduce the Share Reserve by one and one-half (1.5) Shares; (c) each Share delivered pursuant to a Restricted Stock Award without a purchase price, or with a per-share purchase price lower than one hundred percent (100%) of the Fair Market Value of a Share on the grant date of such Restricted Stock Award, shall reduce the Share Reserve by one and one-half (1.5) Shares; (d) each Share delivered pursuant to a Restricted Stock Award with a per-share purchase price at least equal to one hundred percent (100%) of the Fair Market Value of a Share on the grant date of such Restricted Stock Award shall reduce the Share Reserve by one (1) Share; and (e) to the extent that a distribution pursuant to an Award is made in cash, the Share Reserve shall be reduced by the number of Shares subject to the redeemed, paid or exercised portion of such Award. Subject to the immediately preceding sentence and, in the case of ISOs, any limitations applicable thereto under the Code, if any Shares are subject to an Option, SAR, or other Award which for any reason expires or is terminated or canceled without having been fully exercised or satisfied, or are subject to any Restricted Stock Award (including any Shares subject to a Participant’s Restricted Stock Award that are repurchased by the Company at the Participant’s cost), Restricted Stock Unit Award or other Award granted under the Plan which are forfeited, the Shares subject to such Award shall, to the extent of any such expiration, termination, cancellation or forfeiture, be available f...
Number of Shares Available for Grants. 9 4.2 Adjustments in Authorized Shares and Awards; Corporate Transaction, Liquidation or Dissolution 10 Article 5. Eligibility and General Conditions of Awards 11 5.1 Eligibility 11 5.2 Award Agreement 11 5.3 General Terms and Termination of Affiliation 11 5.4 Nontransferability of Awards 12 5.5 Cancellation and Rescission of Awards 13 5.6 Stand-Alone, Tandem and Substitute Awards. 13 5.7 Compliance with Rule 16b-3 13 5.8 Deferral of Award Payouts 14 Article 6. Stock Options 14 6.1 Grant of Options 14 6.2 Award Agreement 14 6.3 Option Exercise Price 15 6.4 Grant of Incentive Stock Options 15 6.5 Payment of Exercise Price 16 Article 7. Stock Appreciation Rights 17 7.1 Issuance 17 7.2 Award Agreements 17 7.3 SAR Exercise Price 17 7.4 Exercise and Payment 17 Article 8. Restricted Shares 17 8.1 Grant of Restricted Shares 17 8.2 Award Agreement 17 8.3 Consideration for Restricted Shares 18 8.4 Effect of Forfeiture 18 8.5 Escrow; Legends 18 Article 9. Performance Units and Performance Shares 18 9.1 Grant of Performance Units and Performance Shares 18 9.2 Value/Performance Goals 18 9.3 Earning of Performance Units and Performance Shares 18
Number of Shares Available for Grants. The Shares of stock subject to Awards granted under the Plan shall be Shares. Such Shares subject to the Plan may be either authorized and unissued Shares (which will not be subject to preemptive rights) or previously issued Shares acquired by the Company or any Subsidiary. Subject to adjustment as provided in Section 4.3, the total number of Shares that may be delivered pursuant to Awards under the Plan as of the Effective Date shall be 3,360,000 (the “Share Reserve”). Any Shares that are subject to an Option, SAR, or other Award which for any reason expires or is terminated or canceled without having been fully exercised or satisfied, and any Shares that are subject to any Restricted Stock Award (including any Shares subject to a Participant’s Restricted Stock Award that are repurchased by the Company at the Participant’s cost), Restricted Stock Unit Award or other Award granted under the Plan which are forfeited, shall, to the extent of any such expiration, termination, cancellation or forfeiture, be available for delivery in connection with future Awards under the Plan. However, notwithstanding any other provisions of this Section 4.1 to the contrary, (i) Shares withheld or tendered to pay the exercise price or withholding taxes with respect to an outstanding Award shall not again be made available for issuance pursuant to Awards under the Plan, and (ii) the payment of cash dividends or Dividend Equivalents in cash in connection with Awards shall not reduce the Share Reserve. Any Shares delivered under the Plan upon exercise or satisfaction of Substitute Awards shall not reduce the Shares available for delivery under the Plan; provided, however, that the total number of Shares that may be delivered pursuant to Incentive Stock Options granted under the Plan shall be equal to 3,360,000 Shares, as adjusted pursuant to this Section 4.1, but without application of the foregoing provisions of this sentence. Notwithstanding the foregoing, Shares issued pursuant to Restricted Stock Units that were awarded to replace any non-vested phantom stock awards under the Xxxxxx Xxxxxxx Corporation and Subsidiaries Phantom Stock Plan shall not count towards the available Share Reserve.
Number of Shares Available for Grants. (a) Subject to adjustment as provided in Section 4.2 and except as provided in Section 5.6(b), the maximum number of Shares hereby reserved for issuance under the Plan (including Incentive Share Options) shall be equal to fifteen percent (15%) of the aggregate number of Shares issued and outstanding immediately following the consummation of the Company’s initial registered public offering.
Number of Shares Available for Grants. Subject to adjustment as provided in Section 4.2 hereof, the number of Shares that may be delivered to Participants under this Plan shall be 864,215 total Shares, which is comprised of 274,215 Shares (the number of Shares that were available for issuance under the Plan prior to the Effective Date) and 590,000 Shares (the number of Shares newly authorized by the stockholders upon their approval of the Plan). Following the Effective Date, no further Shares shall be made subject to awards under any Prior Plan.
Number of Shares Available for Grants. The Plan authorizes the issuance of 184,940 Shares subject to adjustments in accordance with Section 4.2. Only Shares actually issued shall be charged against the Shares authorized for issuance under the Plan. If any Shares subject to an Award granted hereunder are forfeited or such Award otherwise terminates without the delivery of such Shares, the Shares subject to such Award, to the extent of any such forfeiture or termination, shall again be available for grant under the Plan. If any Shares subject to an Award granted hereunder are withheld or applied as payment in connection with the exercise of an Award or the withholding or payment of taxes related thereto ("Returned Shares"), such Returned Shares, shall again be available for grant under the Plan. The Committee shall from time to time determine the appropriate methodology for calculating the number of Shares to which an Award relates pursuant to the Plan. Shares delivered pursuant to the Plan may be, in whole or in part, authorized and unissued Shares, or treasury Shares, including Shares repurchased by the Company for purposes of the Plan.
