Common use of OPTIONEES IN COLOMBIA Clause in Contracts

OPTIONEES IN COLOMBIA. Labor Law Acknowledgement The following provision supplements Section 10 of the Award Agreement: Optionee acknowledges that pursuant to Article 128 of the Colombian Labor Code, the Plan and related benefits do not constitute a component of “salary” for any purpose. Investment and assets (such as Shares) held abroad must be registered with the Central Bank (Banco de la Republica) if the value of Optionee’s aggregate investments and assets abroad (as of December 31 of the relevant fiscal year) equals or exceeds US$500,000. In addition, when Optionee sells or otherwise disposes of any Shares acquired under the Plan, if the investment was registered with the Central Bank, Optionee must cancel the registration no later than March 31 of the year following the year in which the Shares were sold. If Optionee does not cancel the registration by the above-mentioned deadline, Optionee will be subject to a fine. If funds are remitted from Colombia through an authorized local financial institution, the authorized financial institution will automatically register the investment. If the Optionee does not remit funds through an authorized financial institution when exercising his or her Option because a partial cashless exercise method is used (selling only enough Shares to cover the Xxxxx Xxxxx and any brokerage fees), then the Optionee must register the investment him- or herself if the accumulated financial investments the Optionee holds abroad at the year-end are equal to or exceed the equivalent of US$500,000. The Optionee must register by filing a Form No. 11 and submitting it to Señores, Banco de la República, Atn: Jefe Sección Inversiones, Departamento de Cambios Internacionales, Carrera 7 No. 14 - 18, Bogotá, Colombia by June 30 of the following year. If the Optionee uses the cashless sell-all method of exercise, then no registration is required because no funds are remitted from Colombia and no shares are held abroad.

Appears in 2 contracts

Samples: Stock Option Agreement (Danaher Corp /De/), Stock Option Agreement (Danaher Corp /De/)

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OPTIONEES IN COLOMBIA. Labor Law Acknowledgement The following provision supplements Section 10 of the Award Agreement: Optionee acknowledges that pursuant to Article 128 of the Colombian Labor Code, the Plan, the Option, the underlying Shares, and any other amounts or payments granted or realized from participation in the Plan and related benefits do not constitute a component of Optionee's “salary” for any purpose. Investment To this extent, they will not be included and/or considered for purposes of calculating any and assets (all labor benefits, such as Shares) legal/fringe benefits, vacations, indemnities, payroll taxes, social insurance contributions or any other labor-related amount which may be payable. Investments held abroad (including Shares issued at exercise) must be registered with the Central Bank (Banco of Colombia(Banco de la RepublicaRepública) if the value of Optionee’s aggregate investments and assets abroad investment held by an individual (as of December 31 of the relevant fiscal applicable calendar year) equals equal or exceeds US$500,000. In addition, when Optionee sells or otherwise disposes of any Shares acquired under the Plan, if the investment was registered with the Central Bank, Optionee must cancel the registration no later than March 31 of the year following the year in which the Shares were sold. If Optionee does not cancel the registration by the above-mentioned deadline, Optionee will be subject to exceed a fine. If funds are remitted from Colombia through an authorized local financial institution, the authorized financial institution will automatically register the investmentprescribed threshold. If the Optionee does not remit funds through an authorized financial institution when exercising his threshold is met or her Option because a partial cashless exercise method is used (selling only enough Shares to cover the Xxxxx Xxxxx and any brokerage fees)exceeded, then the Optionee must register the investment him- or herself if investments with the accumulated financial investments the Optionee holds abroad at the year-end are equal to or exceed the equivalent of US$500,000. The Optionee must register Central Bank by filing a Form No. 11 and submitting it to Señores, Banco de la República, Atn: Jefe Sección Inversiones, Departamento de Cambios Internacionales, Carrera 7 No. 14 - 18, Bogotá, Colombia Colombia” by June 30 of the following year. Upon the sale or disposition of the investments previously registered with the Central Bank, Optionee must cancel the registration by no later than March 31 of the year following the sale or disposition or certain fines could apply. If the Optionee uses the cashless sell-all method of exercise, then no registration is required because no funds are remitted from Colombia and no shares are held abroad. In addition, when Optionee sells or otherwise disposes of any Shares acquired under the Plan, Optionee may either choose to keep the resulting sums abroad, or to repatriate them to Colombia. If Optionee chooses to repatriate funds to Colombia and Optionee has not registered his or her investment with Banco de la República, Optionee will need to file with Banco de la República Form No. 5 upon conversion of funds into local currency, which should be duly completed to reflect the nature of the transaction. If Optionee has registered his or her investment with Banco de la República, then Optionee will need to file with Banco de la República Form No. 4 upon conversion of funds into local currency, which should be duly completed to reflect the nature of the transaction. Optionee should consult his/her personal legal advisor to ensure compliance with applicable Colombian exchange control regulations.

Appears in 1 contract

Samples: Stock Option Agreement (Danaher Corp /De/)

OPTIONEES IN COLOMBIA. Labor Law Acknowledgement The following provision supplements Section 10 of the Award Agreement: Optionee acknowledges that pursuant to Article 128 of the Colombian Labor Code, the Plan, the Option, the underlying Shares, and any other amounts or payments granted or realized from participation in the Plan and related benefits do not constitute a component of Optionee’s “salary” for any purpose. Investment To this extent, they will not be included and/or considered for purposes of calculating any and assets (all labor benefits, such as Shares) legal/fringe benefits, vacations, indemnities, payroll taxes, social insurance contributions or any other labor-related amount which may be payable. Investments held abroad (including Shares issued at exercise) must be registered with the Central Bank (Banco of Colombia(Banco de la RepublicaRepública) if the value of Optionee’s aggregate investments and assets abroad investment held by an individual (as of December 31 of the relevant fiscal applicable calendar year) equals equal or exceeds US$500,000. In addition, when Optionee sells or otherwise disposes of any Shares acquired under the Plan, if the investment was registered with the Central Bank, Optionee must cancel the registration no later than March 31 of the year following the year in which the Shares were sold. If Optionee does not cancel the registration by the above-mentioned deadline, Optionee will be subject to exceed a fine. If funds are remitted from Colombia through an authorized local financial institution, the authorized financial institution will automatically register the investmentprescribed threshold. If the Optionee does not remit funds through an authorized financial institution when exercising his threshold is met or her Option because a partial cashless exercise method is used (selling only enough Shares to cover the Xxxxx Xxxxx and any brokerage fees)exceeded, then the Optionee must register the investment him- or herself if investments with the accumulated financial investments the Optionee holds abroad at the year-end are equal to or exceed the equivalent of US$500,000. The Optionee must register Central Bank by filing a Form No. 11 and submitting it to Señores, Banco de la República, Atn: Jefe Sección Inversiones, Departamento de Cambios Internacionales, Carrera 7 No. 14 - 1814—18, Bogotá, Colombia Colombia” by June 30 of the following year. Upon the sale or disposition of the investments previously registered with the Central Bank, Optionee must cancel the registration by no later than March 31 of the year following the sale or disposition or certain fines could apply. If the Optionee uses the cashless sell-all method of exercise, then no registration is required because no funds are remitted from Colombia and no shares are held abroad. In addition, when Optionee sells or otherwise disposes of any Shares acquired under the Plan, Optionee may either choose to keep the resulting sums abroad, or to repatriate them to Colombia. If Optionee chooses to repatriate funds to Colombia and Optionee has not registered his or her investment with Banco de la República, Optionee will need to file with Banco de la República Form No. 5 upon conversion of funds into local currency, which should be duly completed to reflect the nature of the transaction. If Optionee has registered his or her investment with Banco de la República, then Optionee will need to file with Banco de la República Form No. 4 upon conversion of funds into local currency, which should be duly completed to reflect the nature of the transaction. Optionee should consult his/her personal legal advisor to ensure compliance with applicable Colombian exchange control regulations.

Appears in 1 contract

Samples: Stock Option Agreement (Fortive Corp)

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OPTIONEES IN COLOMBIA. Labor Law Acknowledgement The following provision supplements Section 10 of the Award Agreement: Optionee acknowledges that pursuant to Article 128 of the Colombian Labor Code, the Plan, the Option, the underlying Shares, and any other amounts or payments granted or realized from participation in the Plan and related benefits do not constitute a component of Optionee's “salary” for any purpose. legal purpose. To this extent, they will not be included and/or considered for purposes of calculating any and all labor benefits, such as legal/fringe benefits, vacations, indemnities, payroll taxes, social insurance contributions or any other labor-related amount which may be payable. Investment and assets (such as Shares) held abroad must be registered with the Central Bank (Banco de la Republica) if the value of Optionee’s aggregate investments and assets abroad (as of December 31 of the relevant fiscal year) equals or exceeds US$500,000. In addition, when Optionee sells or otherwise disposes of any Shares acquired under the Plan, if the investment was registered with the Central Bank, Optionee must cancel the registration no later than March 31 of the year following the year in which the Shares were sold. If Optionee does not cancel the registration by the above-mentioned deadline, Optionee will be subject to a fine. If funds are remitted from Colombia through an authorized local financial institution, the authorized financial institution will automatically register the investment. If the Optionee does not remit funds through an authorized financial institution when exercising his or her Option because a partial cashless exercise method is used (selling only enough Shares to cover the Xxxxx Xxxxx and any brokerage fees), then the Optionee must register the investment him- or herself if the accumulated financial investments the Optionee holds abroad at the year-end are equal to or exceed the equivalent of US$500,000. The Optionee must register by filing a Form No. 11 and submitting it to Señores, Banco de la República, Atn: Jefe Sección Inversiones, Departamento de Cambios Internacionales, Carrera 7 No. 14 - 18, Bogotá, Colombia by June 30 of the following year. If the Optionee uses the cashless sell-all method of exercise, then no registration is required because no funds are remitted from Colombia and no shares are held abroad. In addition, when Optionee sells or otherwise disposes of any Shares acquired under the Plan, Optionee may either choose to keep the resulting sums abroad, or to repatriate them to Colombia. If Optionee chooses to repatriate funds to Colombia and Optionee has not registered his or her investment with Banco de la República, Optionee will need to file with Banco de la República Form No. 5 upon conversion of funds into local currency, which should be duly completed to reflect the nature of the transaction. If Optionee has registered his or her investment with Banco de la República, then Optionee will need to file with Banco de la República Form No. 4 upon conversion of funds into local currency, which should be duly completed to reflect the nature of the transaction. Optionee should consult his/her personal legal advisor to ensure compliance with applicable Colombian exchange control regulations.

Appears in 1 contract

Samples: Stock Option Agreement (Danaher Corp /De/)

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