Outstanding Equity Awards. Executive’s outstanding equity awards shall remain outstanding following the Effective Date in accordance with their terms, provided, that to the extent any term of this Agreement is more favorable to Executive, including in respect to accelerated vesting, the more favorable terms of this Agreement shall control.
Outstanding Equity Awards. Any and all outstanding unvested equity awards held by the Executive as of the Date of Termination shall automatically vest and be deemed exercisable and/or vested, as the case may be. Notwithstanding the foregoing, any performance-based equity awards held by the Executive as of the Date of Termination shall vest and be exercisable and/or paid to the Executive as and to the extent provided in the applicable award agreement or plan document. For the avoidance of doubt, this Agreement shall be deemed to be an “Employment Agreement” as defined under the Company’s equity incentive plan(s) and the applicable award agreements thereunder.
Outstanding Equity Awards. Any and all Company stock options, restricted stock, restricted stock units or other Company equity awards previously granted to you will continue to be governed by the terms of the applicable equity plan, forms of award agreements and grant notices for such equity awards. For purposes of this Agreement, “equity awards” shall mean all stock options, restricted stock, restricted stock units, and any other Company equity awards.
Outstanding Equity Awards. Any and all outstanding unvested equity awards, such as restricted stock, restricted stock units, stock options, stock appreciation rights, held by you as of the date of a Change in Control shall automatically vest, be deemed exercisable, be deemed non-forfeitable (to the extent not previously vested and non-forfeitable) and all restrictions on such awards shall automatically lapse. This Agreement shall be deemed to be an “employment agreement” within the meaning of the Company’s equity incentive plan(s) and the applicable award agreements thereunder, but only with respect to an award granted on or after the date of this Agreement.
Outstanding Equity Awards. As of the Effective Date, Executive holds 984,400 shares of Company common stock, a portion of which remains subject to vesting and a right of repurchase at the original purchase price in favor of the Company. These shares are subject to the Company’s 2013 Equity Incentive Plan and an option agreement entered into with the Company.
Outstanding Equity Awards. Your Corporation equity awards will be converted into equity awards of the Surviving Corporation as set forth in Section 1.8 of the Merger Agreement. Upon (1) early termination of service by the Corporation without Cause (as defined in your Employment Agreement) or due to death or disability (as determined in your Employment Agreement) or (2) a resignation by you for Good Reason (as defined in your Employment Agreement, but subject to the section entitled “Waiver of Good Reason” below), any of your unvested equity awards of the Corporation that were outstanding on the Closing Date will accelerate and vest in full.
Outstanding Equity Awards. In the event of a Change in Control, Executive’s outstanding stock options, restricted stock units, performance stock units or other equity awards shall be earned and/or vested in accordance with the terms and conditions of the applicable equity-based compensation plan/award agreement, as may be amended from time to time.
Outstanding Equity Awards. All stock options issued to Executive and all restricted stock granted to Executive shall continue on their vesting schedule without acceleration. Upon vesting of such stock options or restricted stock, Company agrees to execute all documents and provide all legal opinions to the estate of the Executive as requested by the authorized representative in order for the estate of the Executive to sell, register, collateralize, or transfer such stock.”
Outstanding Equity Awards. The Parties acknowledge that the Company and Executive are currently parties to (i) a Restricted Stock Agreement, dated August 30, 2021 (the “RSA Agreement”), pursuant to which Executive was granted 90,000 shares of restricted common stock of the Company (the “RSA Shares”) under the Company’s 2016 Employee Equity Compensation Restricted Stock Plan (the “Plan”) upon the terms and conditions set forth in the RSA Agreement and the Plan, of which 60,000 shares are vested and 30,000 shares are unvested as of the date of this Agreement (the “Unvested RSA Shares”), and (ii) a Restricted Performance Stock Agreement, dated August 20, 2021 (the “PSA Agreement”), pursuant to which Executive was granted 510,000 shares of restricted common stock of the Company (the “PSA Shares”) under the Plan upon the terms and conditions set forth in the PSA Agreement and the Plan, none of which shares have vested as of the date of this Agreement. Executive and the Company hereby agree that, upon the first day following the expiration of the Revocation Period and only if Executive has not revoked this Agreement pursuant to Section 19 and/or 20 below, all of the Unvested RSA Shares shall be deemed to become fully vested and the forfeiture restrictions with respect thereto shall be deemed to lapsed notwithstanding anything in the RSA Agreement or the Plan to the contrary. Executive and the Company hereby further agree and acknowledge that the forfeiture restrictions on the entirety of the PSA Shares have not lapsed, none of the PSA Shares have vested, all of the PSA Shares shall be deemed forfeited as of the date of this Agreement, and the PSA Agreement is hereby terminated. Executive acknowledges that, subject to the foregoing, he does not hold and is not entitled to any options, restricted shares, performance shares, restricted stock units, or other equity awards from the Company.
Outstanding Equity Awards. For the avoidance of doubt, the outstanding equity awards held by the Executive as of the Transition Date shall continue to vest in accordance with their respective terms during the Transition Period.
