Outstanding Equity Grants Sample Clauses

Outstanding Equity Grants. Your stock options are fully vested. You may exercise any or all of these options between now and your date of Termination in accordance with Xxxxxx’x Xxxxxxx Xxxxxxx Policy open and close window periods. In addition, you will have ninety (90) days following your date of Termination to exercise your options. After the 90th day, they will expire.
Sample 1
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Outstanding Equity Grants. (i) All outstanding options to purchase Company common stock previously awarded to Executive pursuant to the Wolverine Tube, Inc. 2003 Equity Incentive Plan (the "2003 Plan") and the Wolverine Tube, Inc. 1993 Equity Incentive Plan (the "1993 Plan") shall become fully vested as of the Retirement Date and, in accordance with their existing terms, may be exercised at any time prior to ten (10) years from the grant date of such outstanding option. (ii) Any shares of restricted stock issued to the Executive pursuant to the 2003 Plan will become fully vested and nonforfeitable as of the Retirement Date, which the parties agree is in accordance with the terms and conditions set forth in the 2003 Plan and agreements governing the award of any such shares of restricted stock. Both the Company and Executive hereby acknowledge that any shares of restricted stock issued to the Executive pursuant to the 1993 Plan became fully vested and nonforfeitable prior to the Retirement Date.
Sample 1
Outstanding Equity Grants. The parties agree that, after giving effect to the provisions described in this Paragraph 2, the following schedule represents Employee’s outstanding equity grants by type and date, as of the date of this Agreement: AWARD DATE AWARD TYPE AWARD PRICE AWARD AMOUNT NUMBER VESTED (at Termination Date) EXERCISABLE FOR 24 MONTHS FORFEIT ON TERMINATION 5/3/2006 Option $26.100 66,200 66,200 No 0 2/27/2007 Option $29.515 37,400 37,400 No 0 5/1/2007 Option $36.040 27,000 27,000 No 0 2/15/2008 Option $39.130 63,400 63,400 No 0 2/24/2009 Option $4.410 92,575 92,575 No 0 2/11/2010 Option $11.350 408,000 408,000 No 0 2/14/2011 Option $19.780 286,900 286,900 No 0 2/28/2012 Option $16.280 205,295 205,295 Yes 0 2/26/2013 Option $18.140 127,500 127,500 Yes 0 2/14/2014 Option $29.070 96,645 48,322 Yes 48,322 2/17/2015 Option $21.800 170,630 0 No 170,630 2/17/2015 Restricted Stock N/A 93,720 0 N/A 93,720 4/8/2015 Restricted Stock N/A 93,788 93,788 N/A 0 2013-2015 Performance Period Performance Shares N/A 95,600 (at target) 95,600 N/A 0 2014-2016 Performance Period Performance Shares N/A 18,105 (at threshold) 0 N/A 18,105
Sample 1
Outstanding Equity Grants. Your outstanding equity grants shall be treated as follows: ​ During the Transition Period, you will continue to time vest pursuant to (i) the Restricted Stock Unit Agreement, dated as of April 27, 2020, between the Company and you (the “2020 Agreement”), (ii) the Restricted Stock Unit Agreement, dated as of March 16, 2021, between the Company and you (the “2021 Agreement”), and (iii) the Performance Share Unit Agreement, dated April 17, 2019, between the Company and you (the “PSU Agreement”). Additionally, the performance share units underlying the PSU Agreement will remain subject to the achievement of the applicable performance conditions. To the extent the performance vesting criteria for the performance share unit grants made pursuant to agreements similar to the PSU Agreement are adjusted for the Company’s senior management, the performance criteria for the award made to you pursuant to the PSU Agreement will be likewise adjusted. ​ ​ Notwithstanding the foregoing, upon execution of this Agreement, you shall immediately vest in 100,000 of the restricted stock units (“RSUs”) under the 2020 Agreement. The shares underlying such RSUs shall be issued and delivered to you within five (5) business days following the execution of this Agreement on a net share settlement basis (i.e., net of the number of shares that as of such issuance date are equal to the required tax withholding in respect of such issuance). The remaining 89,000 RSUs subject to the 2020 Agreement shall remain outstanding in accordance with the terms of the 2020 Agreement. ​ For the avoidance of doubt, any equity awards that are scheduled to vest in accordance with their terms between the date hereof and the Transition Date, including pursuant to the Restricted Stock Unit Agreement, dated as of April 26, 2018 (the “2018 Agreement”), shall continue to vest in accordance with their terms. ​ It also is understood and agreed that if a Change in Control (as defined in the CIC Agreement) occurs which results in accelerated vesting or release of lock-up restrictions for restricted stock units, performance share units or shares issued in respect of restricted stock or performance share units held by the Company’s senior management, all of your then outstanding RSUs under the 2018 Agreement, the PSU Agreement, the 2020 Agreement and the 2021 Agreement, as applicable, shall vest and be settled, and any applicable lock-up restrictions will be released, in a manner consistent with such other senior ma...
Sample 1
Outstanding Equity Grants. For purposes of this Section on Outstanding Equity Grants, the terms of any outstanding option grants and restricted stock unit grants to you (“Outstanding Equity Grants”) are set forth in and governed by the applicable stock option agreement(s), applicable restricted stock unit agreement(s), and applicable stock option plans, including the 2seventy bio, Inc. 2021 Stock Option and Incentive Plan (the “Stock Plan”) (the option agreement(s), the restricted stock unit agreement(s) and Stock Plan, together, constitute the “Equity Documents”). Notwithstanding anything to the contrary in the Equity Documents:
Sample 1
Outstanding Equity Grants. (a) The parties acknowledge that Xxxxxx currently holds certain vested stock options and stock appreciation rights. Xxxxxx shall have the right to exercise such vested stock options or stock appreciation rights after the Severance Date only to the extent provided in the grant of such stock options and stock appreciation rights. All unvested stock appreciation rights have been forfeited as of the Severance Date. With respect to stock appreciation rights with respect to 2,030 shares which would have vested on February 25, 2018 (at a strike price of $181.47 per share), the Company shall pay to Xxxxxx as additional compensation (subject to applicable withholding taxes) on before April 15, 2018, an amount equal to (i) 2,030 multiplied by (ii) the difference between the highest closing price for the Company’s stock between the date hereof and March 31, 2018 minus $181.47. If the Company’s stock does not close above $181.47 per share on or before March 31, 2018, then nothing shall be payable under this paragraph (a). (b) Xxxxxx currently holds 14,218 shares of unvested restricted stock which would have vested between February 17, 2018 and May 7, 2020. Of these shares, 5,464 shares would have vested on or before May 7, 2018 (the “2018 RS Vesting Shares”). The Company shall pay to Xxxxxx with respect to and in consideration for all of the 2018 RS Vesting Shares an amount equal to the number of such share (5,464 shares) multiplied by the average closing price for a share of the Company’s common stock over the last three (3) trading days before the date of this Agreement. Such amount, less required withholding taxes (if any) shall be paid to Xxxxxx within ten (10) days after the Severance Date. Simultaneously with the payment of such amount, Xxxxxx shall execute and deliver to the Company such instrument as may be reasonably requested to confirm the cancellation of all of the 2018 RS Vesting Shares. The parties agree that Xxxxxx’x remaining shares of unvested restricted stock have been forfeited as of the Severance Date. (c) The parties acknowledge that the above represents all of the outstanding equity grants in the Company held by Xxxxxx.
Sample 1
Outstanding Equity Grants. The parties acknowledge that Levy currently holds the following equity grants (the “Levy Equity Grants”): (i) options to purchase shares of stock in the Company (the “Levy Options”) as follows: options to purchase 14,590 shares at $36.97 per share; options to purchase 75,796 shares at $80.29 per share; options to purchase 19,600 shares at $85.24 per share; and options to purchase 17,526 shares at $108.59 per share; and (ii) shares of unvested restricted stock (“Levy’s Restricted Stock”) as follows: 3,807 shares granted on February 8, 2012, 12,455 shares granted on February 26, 2013, 3,217 shares granted on March 8, 2013, and 4,144 shares granted on March 6, 2014. All of the Levy Equity Grants shall become immediately vested as of the Severance Date. The Company shall purchase from Levy all of his equity in the Levy Equity Grants based on stock price equal to the average closing price for a share of the Company’s common stock over the last five (5) trading days before the date of this Agreement. The parties acknowledge that the average closing price over such five-day period is $124.05 per share and that the total gross amount payable to Levy under this Item 4 is $8,549,391.27 Such amount, less required minimum withholding taxes (if any) shall be paid to Levy within thirty (30) days after the Severance Date. Simultaneously with the payment of such amount, Levy shall execute and deliver to the Company such instrument as may be reasonably requested to evidence the cancellation of all of the Levy Equity Grants. The parties acknowledge that the above represents all of the outstanding equity grants in the Company held by Levy.
Sample 1
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Related to Outstanding Equity Grants

  • Equity Grants The Employee shall be granted as soon as practicable on or after the Effective Date, a stock option to purchase 734,900 shares of the Company’s common stock (the “Option”) (which option shall be issued as an incentive stock option to the maximum extent allowed under Section 422 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the “Code”)) pursuant to the Company’s 2011 Employee, Director and Consultant Equity Incentive Plan (the “Plan”). The Option shall be granted with an exercise price equal to the fair market value of the Company’s common stock on the date of grant. Twenty-Five percent (25%) of the Option shall be vested one year from the Effective Date and the remaining portion of such Option shall vest in equal monthly installments over a thirty-six (36) month period commencing on the first day of the month one year following the Effective Date, subject to continued employment by the Company. Notwithstanding the foregoing, in connection with a Change of Control (as defined in the Plan) or if a termination of the Employee occurs within two (2) months prior thereto, then the vesting of all equity then owned by the Employee shall accelerate with respect to one hundred percent (100%) of the unvested shares. In lieu of the Option at the request of the Employee, the Company shall issue restricted common stock. Restricted common stock will be issued at par value. If the equity to be issued is restricted common stock and not stock options, the number of shares of restricted common stock to be issued shall be calculated by determining the black scholes value of the grant as if it had been issued solely as stock options and dividing such number by the then current fair market value of the Company’s common stock so as to provide no additional benefit to the Employee for the non-payment of the exercise price. The Employee acknowledges and agrees that effective as of the date of the grant of the equity as set forth in the preceding paragraph, option agreement No. SP-0040 granted by the Company to the Employee as of April 30, 2011 shall be terminated and of no further force and effect. The Company acknowledges that any other options previously granted to the Employee that vest based upon the Employee providing consulting services to the Company shall continue to vest upon its terms as long as the Employee is providing services as a director, consultant or employee of the Company and that the definition of “cause” applicable to all such option agreements shall be the definition set forth herein and not as set forth in the 2008 Stock Incentive Plan.

  • Accelerated Vesting of Equity Awards One hundred percent (100%) of Executive’s then-outstanding and unvested Equity Awards will become vested in full. If, however, an outstanding Equity Award is to vest and/or the amount of the award to vest is to be determined based on the achievement of performance criteria, then the Equity Award will vest as to one hundred percent (100%) of the amount of the Equity Award assuming the performance criteria had been achieved at target levels for the relevant performance period(s).

  • Equity Awards You will be eligible to receive awards of stock options or other equity awards pursuant to any plans or arrangements the Company may have in effect from time to time. The Board or Committee, as applicable, will determine in its sole discretion whether you will be granted any such equity awards and the terms of any such award in accordance with the terms of any applicable plan or arrangement that may be in effect from time to time.

  • Acceleration of Equity Awards All: (i) outstanding and unvested options to purchase Common Stock granted to Executive under any equity plan of the Company, (ii) unvested shares of restricted Common Stock awarded to the Executive under any equity plan of the Company, and (iii) other equity and equity equivalent awards then held by the Executive, shall be accelerated in full, and thereafter all such options, shares of restricted Common Stock and other equity awards shall be immediately vested and exercisable for such period of time as provided for by the specific agreements governing each such award, upon Executive’s termination pursuant to Sections 11(b), (c), (e) or (f) hereof.

  • Equity Incentive Awards The Executive shall be eligible to receive grants of equity-based long-term incentive awards, which may include options to purchase Company stock, performance or restricted stock units and Company restricted stock contributions to Company’s deferred compensation plan, or other equity-based awards. Such awards shall be determined in the discretion of the Board and the Executive shall be eligible for consideration for such awards in the same manner as other senior executive officers of the Company. In the event of a Change of Control in which the surviving or acquiring corporation does not assume the Executive’s outstanding equity-related awards (including options and equity-based awards granted both before and after the Effective Date) or substitute similar equity-related awards of substantially equivalent value, such equity-related awards shall immediately vest and become exercisable if the Executive’s service with the Company has not terminated before the effective date of the Change of Control; provided, however, that the foregoing provision shall only apply if the Company is not the surviving corporation or if shares of the Company’s common stock are converted into or exchanged for other securities or cash.

  • Forfeiture of Restricted Stock Units i. If the Participant’s employment is terminated by reason of the Retirement of the Participant before October 1, <Year_of_Grant>, then the Restricted Stock Units shall be forfeited immediately and all rights of the Participant to such Units shall terminate immediately without further obligation on the part of the Corporation or any Subsidiary Company. ii. If the Participant’s employment is terminated for any reason other than Retirement, Disability, or death, any Restricted Stock Units that are subject to a Restriction Period shall be forfeited immediately without further obligation on the part of the Corporation or any Subsidiary Company, and all rights of the Participant with respect to such Restricted Stock Units shall terminate. If the Participant is granted a leave of absence before the expiration of the Restriction Period, the Participant shall not forfeit any rights with respect to any Restricted Stock Units subject to the Restriction Period, except for Dividend Equivalent Payments as provided in Section 4 of this Agreement, unless the Participant’s employment with the Corporation or a Subsidiary Company terminates at any time during or at the end of the leave of absence and before the expiration of the Restriction Period, at which time all rights of the Participant with respect to such Restricted Stock Units shall terminate without further obligation on the part of the Corporation or any Subsidiary Company. iii. Notwithstanding any provision of this Agreement to the contrary, if the Participant’s employment is terminated by reason of the Retirement or Disability of the Participant, and the Participant Engages in Competing Employment within a period of two years following Retirement or Disability, and before the expiration of the Restriction Period, then any Restricted Stock Units subject to a Restriction Period shall be forfeited immediately and all rights of the Participant to such Units shall terminate without further obligation on the part of the Corporation or any Subsidiary Company. A Participant “Engages in Competing Employment” if the Participant works for or provides services for any Competitor, on the Participant’s own behalf or on behalf of others, including, but not limited to, as a consultant, independent contractor, director, owner, officer, partner, joint venturer, or employee. For this purpose, a “Competitor” is any entity in the same line of business as the Corporation in North American markets in which the Corporation competes, including, but not limited to, any North American Class I rail carrier, any other rail carrier competing with the Corporation (including without limitation a holding or other company that controls or operates or is otherwise affiliated with any rail carrier competing with the Corporation), and any other provider of transportation services competing with Corporation, including motor and water carriers. Moreover, notwithstanding any provision of this Agreement to the contrary, the Restricted Stock Units shall be forfeited immediately and all rights of the Participant to such Units shall terminate if: A. the Participant’s employment is terminated by reason of the Retirement or Disability of the Participant before the expiration of the Restriction Period, and B. it is determined that the Participant engaged in any of the following: 1. the Participant engaged in an act of fraud, embezzlement, or theft in connection with the Participant’s duties or in the course of the Participant’s employment with the Corporation or Subsidiary Company; or 2. the Participant disclosed confidential information in violation of a confidentiality agreement with the Corporation or a Subsidiary Company, or otherwise in violation of the law. A determination under this paragraph shall be made by the Committee with respect to a participant who was, at any time, employed at the level of Vice President or above, and this determination shall be made by the Vice President Human Resources with respect to all other participants, and in either situation upon consultation with the Corporation’s chief legal officer. Participant understands that nothing in this Agreement (1) prohibits or impedes Participant from reporting possible violations of federal law or regulation to any governmental agency or entity (including but not limited to the Department of Justice, the Securities and Exchange Commission (SEC), the Congress, and any agency Inspector General), from making other disclosures that are protected under the whistleblower provisions of federal law or regulation, or from receiving a monetary award from the SEC related to participation in an SEC investigation or proceeding, or (2) requires Participant to obtain prior authorization of the Corporation to make any such reports or disclosures or to notify the Corporation of such reports or disclosures.

  • Forfeiture of Restricted Stock In addition to the circumstance described in Section 9(a) hereof, any and all shares of Restricted Stock which have not become vested in accordance with Section 3, 4 or 5 hereof shall be forfeited and shall revert to the Company upon the termination by the Grantee, the Company or its subsidiaries of the Grantee’s employment for any reason other than those set forth in Section 4 or other than without “Cause” prior to the date on which such shares of Restricted Stock would otherwise vest. All or any portion of the Restricted Stock may be forfeited by the Grantee prior to vesting at his or her sole discretion.

  • No Equity Awards Except for grants pursuant to equity incentive plans disclosed in the Registration Statement and the Prospectus, the Company has not granted to any person or entity, a compensatory stock option or other compensatory equity-based award to purchase or receive common stock of the Company or OP Units of the Operating Partnership pursuant to an equity-based compensation plan or otherwise.

  • Company Equity Awards (a) Each option to purchase shares of Company Common Stock that has been granted under the Company Stock Plans (each, a “Company Option”) and that is outstanding and unexercised immediately prior to the Effective Time will, by virtue of the Merger and without any action on the part of the Company, Parent, Merger Sub or the holders thereof, be treated as follows: (i) as of the Effective Time, each Company Option (whether or not vested) that is outstanding and unexercised immediately prior to the Effective Time and that has a per share exercise price less than the Merger Consideration (an “In-the-Money Option”) will be canceled in exchange for payment to the holder of such In-the-Money Option of an amount in cash equal to (A) the number of shares of Company Common Stock remaining subject to such In-the-Money Option immediately prior to the Effective Time multiplied by (B) the amount by which (x) the Merger Consideration exceeds (y) the per share exercise price for such In-the-Money Option (the “Company Option Cash Out Amount”); and (ii) each Company Option that is not an In-the-Money Option will be canceled at the Effective Time without payment of any consideration. (b) As of the Effective Time, each restricted stock unit award subject to time-based or other vesting restrictions that is outstanding under any Company Stock Plan (each, a “Company RSU Award””) immediately prior to the Effective Time, shall, to the extent not vested, become fully vested and then (ii) each such Company RSU Award shall be canceled without any action of the part of any holder or beneficiary thereof in consideration for the right to receive a lump sum cash payment with respect thereto equal to the product of (x) the Merger Consideration and (y) the number of shares of Company Stock represented by such Company RSU Award (the “Company RSU Cash Out Amount”). (c) All Company Options (whether or not vested) that are outstanding and unexercised immediately prior to the Effective Time, all Company RSU Awards that are outstanding immediately prior to the Effective Time, and rights under the Company Stock Plans, will terminate as of, and contingent upon the occurrence of, the Effective Time (after given effect to this Section 2.3), and, following the Effective Time, no holder of any Company Option, Company RSU Award, or any other rights under the Company Stock Plans will have any right to acquire any equity securities of the Company, its Subsidiaries, or the Surviving Corporation as a result of such holder’s Company Options, Company RSU Awards, or other rights under the Company Stock Plans and the Company shall have no further Liability under or with respect to any such Company Option, Company RSU Awards, or the Company Stock Plans (except as provided pursuant to Section 2.3(a)(i) in respect of In-The-Money Options), or as provided pursuant to Section 2.3(b) in respect of the Company RSU Awards. (d) Payment of the Company Option Cash Out Amount for each In-the-Money Option and the Company RSU Cash Out Amount for each Company RSU Award is subject to Section 2.7 and will be made as follows: No later than thirty (30) Business Days after the Closing Date, Parent shall, or shall cause the Surviving Corporation to, deliver (through the Surviving Corporation payroll or such other means of payment as Parent may provide) to the holder of any In-the-Money Option or Company RSU Award the applicable Company Option Cash Out Amount or Company RSU Cash Out Amount, net of Tax withholdings. To the extent that such Taxes are so deducted or withheld and paid over to the appropriate Taxing Authority, the amounts thereof will be treated for all purposes hereunder as having been paid to the Person to whom such amounts would otherwise have been paid. (e) Prior to the Effective Time, the Company shall take (or cause there to be taken, as the case may be) all such actions as are necessary to effect the treatment of Company Options and Company RSU Awards provided for under this Section 2.3, under all Contracts governing the terms of all Company Options and Company RSU Awards, and under any other applicable plan or arrangement to which the Company is a party or by which the Company may be bound with respect to such Company Options, Company RSU Awards or the Company Stock Plans, including (A) to accelerate the vesting of any unvested Company Options that are outstanding and unvested immediately prior to the Effective Time and (B) at the request of Parent or as otherwise may be required, sending to any holders of Company Options notices (if drafted and at the request of Parent, subject to reasonable review and approval by the Company, which approval will not be unreasonably withheld, conditioned or delayed) with respect to the treatment of such instruments under this Agreement. The Company shall not send or otherwise make available any notices to any holders of Company Options, or solicit any consents or other approvals from the holders of any Company Options unless and until Parent has reviewed and approved all such notices and related documentation (including any email messages and notifications) to be sent or made available to such holders (which approval may not be unreasonably withheld or delayed), in each case, solely to the extent such notices, consents or approvals relate to the Merger Transaction. (f) The Company shall promptly take (or cause there to be taken, as the case may be) all such actions as are necessary to ensure that no offering or purchase period commences under the Company ESPP and that no shares of Company Capital Stock are issued under the Company ESPP. Prior to the Effective Time, the Company shall take (or cause there to be taken, as the case may be) all such actions as are necessary to terminate the Company ESPP such that, from and after the time of such termination, the Company shall have no Liability under or with respect to the Company ESPP.

  • Annual Equity Awards Following the first anniversary of the Effective Date, Executive will be granted annual equity awards in an amount determined by the Board. Such awards may be in the form of options, restricted stock units, performance shares, or any other form as approved by the Board.

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