Common use of Performance-Based Restricted Stock Unit Award Clause in Contracts

Performance-Based Restricted Stock Unit Award. Subject to the restrictions, limitations, terms and conditions specified in the Program Description, the Plan and this Grant Notice and Agreement, the Company hereby awards to you as of the Award Date: Performance Stock Units (PSUs) which are considered Stock Awards under the Plan (the “Award”). The vesting of this Award is based both upon your continued service with the Company or any of its subsidiaries (collectively the “Xxxx Xxx Companies”) and the Company’s performance during the “Performance Cycle”, as detailed in the Program Description, and therefore the actual number of PSUs ultimately released, if any, is determined at the end of the Performance Cycle. Prior to the date the PSUs vest (“Vesting Date”), the PSUs are not transferable by you by means of sale, assignment, exchange, pledge, or otherwise.

Performance-Based Restricted Stock Unit Award. Subject to the restrictions, limitations, terms and conditions specified in the FY07-09 EMLTIP Program Description, the Plan and this Grant Notice and Agreement, the Company hereby awards to you the Participant as of the Award Date: Date Performance Stock Units (PSUs) which are considered Stock Awards under the Plan (Plan. These PSUs will remain restricted until the “Award”)Vesting Date. The vesting of this Award award is based both upon your the Participant’s continued service with the Company or any of its subsidiaries (collectively the “Xxxx Xxx Companies”) and the Company’s performance during the “Performance Cycle”, as detailed in the Program Description, and therefore the actual number of PSUs ultimately released, if any, is determined at the end of the Performance Cycle. Prior to the date the PSUs vest (“Vesting Date”), the PSUs are not transferable by you the Participant by means of sale, assignment, exchange, pledge, or otherwise.