Prior Awards. Any stock, stock options, or other equity awards that Executive has already been granted by the Company shall continue to be governed in all respects by the terms of the applicable grant agreements, grant notices, and plan documents, except as otherwise provided in this agreement.
Prior Awards. Notwithstanding anything to the contrary in any prior award agreement granted under the Plan or any other prior employee incentive plan, including, without limitation, the Xxxxxxxx Xxxxxx Grocery Center REIT I, Inc. Amended and Restated 2010 Long-Term Incentive Plan (collectively, the “Plans”), the definitions of Cause, Disability, Good Reason, Retirement, and Severance Plan in this Exhibit A shall apply to all awards granted under the Plans on or prior to the date hereof and entirely supersede and replace any similar definitions applicable to such prior awards. The undersigned hereby makes an election pursuant to Section 83(b) of the Internal Revenue Code of 1986, as amended, Treasury Regulations Section 1.83-2 promulgated thereunder, and Rev. Proc. 2012-29, 2012-28 IRB, 06/26/2012, to include in gross income as compensation for services the excess (if any) of the fair market value of the property described below over the amount paid for such property.
1. The name, address and taxpayer identification number of the undersigned are: Name: ______________________________________ (the “Taxpayer”) Address: _____________________________________ Social Security No./Taxpayer Identification No.: ____________________ Taxable Year: Calendar Year ____
2. Description of property with respect to which the election is being made: The election is being made with respect to _________ Class B Units (“LTIP Units”) in Xxxxxxxx Xxxxxx Grocery Center Operating Partnership I, L.P. (the “Partnership”).
3. The date on which the LTIP Units were transferred to the undersigned is _________________________.
4. Nature of restrictions to which the LTIP Units are subject:
(a) With limited exceptions, until the LTIP Units vest, the Taxpayer may not transfer in any manner any portion of the LTIP Units without the consent of the Partnership.
(b) The Taxpayer’s LTIP Units vest in accordance with the vesting provisions described in the Schedule attached hereto. Unvested LTIP Units are forfeited in accordance with the vesting provisions described in the Schedule attached hereto.
5. The fair market value at time of transfer (determined without regard to any restrictions other than a nonlapse restriction as defined in Treasury Regulations Section 1.83-3(h)) of the LTIP Units with respect to which this election is being made was $0 per LTIP Unit.
Prior Awards. The order may not require the payment of benefits to an alternate payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order.
Prior Awards. Executive currently holds 1,386,000 shares of the Company’s common stock (post Share Exchange), which were issued pursuant to the terms of certain Stock Purchase Agreements originally entered into between Executive and each Project Entity (each, a “Share Award”). Executive currently holds restricted stock units (“RSUs,” and collectively with the Share Awards, the “Prior Awards”) covering 122,881 shares of the Company’s common stock (post Share Exchange). These equity awards will continue to be governed by the terms of the applicable equity plans and award agreements.
Prior Awards. Notwithstanding anything to the contrary in any prior award agreement granted under the Plan or any other prior employee or executive incentive plan of the Company or its Subsidiaries or affiliates, including, without limitation, the Xxxxxxxx Xxxxxx Grocery Center REIT I, Inc. Amended and Restated 2010 Long-Term Incentive Plan (collectively, the “Plans”), the definitions of Cause, Change in Control, Disability, Good Reason, Retirement, and Severance Plan in the Agreement and this Exhibit A shall apply to all awards granted under the Plans on or prior to the date hereof and entirely supersede and replace any similar definitions applicable to such prior awards.
Prior Awards. You shall be entitled to vest in, and to receive benefits under, all outstanding awards previously granted to you by the Company in accordance with the terms of such awards.
Prior Awards. In consideration of the grant of the Award pursuant to this Agreement, the Participant agrees that Base Value with respect to any Award granted to the Participant under the Plan prior to the date hereof shall have the meaning of Base Value in the Plan, as amended on February 15, 2008.
Prior Awards. Any stock-based awards granted to Executive prior to the Effective Date (“Prior RSUs”) shall continue be governed by the terms and conditions of their respective grant agreements and the Stock Incentive Plan, as appropriate, provided, however, that paragraphs 3(c), 3(d), 4(b)(v), 4(c)(v) and 4(d) of this Agreement shall govern the treatment of such Prior RSUs upon the termination of Executive’s employment.
Prior Awards. Any stock, stock options, or other equity awards that Executive has already been granted by the Company shall continue to be governed in all respects by the terms of the applicable grant agreements, grant notices, and plan documents, except as otherwise provided in this agreement. Stock Options. On March 26, 2015, the Company granted Executive 147,213 stock options with an exercise price of $14.34 per share, which was the fair market value per share on the date of grant. The options will be incentive stock options to the maximum extent permitted by applicable tax laws. Except as otherwise provided in this Agreement, the options will vest in equal monthly installments over four years following the date of grant subject to the Executive’s continued employment with the Company on the date of each installment, and will be on other terms and conditions set forth in the stock option award agreement evidencing the grant, which the Executive must execute as a condition of grant, and the Company’s 2015 Equity Incentive Plan.
Prior Awards. Notwithstanding anything to the contrary in any prior award agreement granted under the Plan or any other prior employee incentive plan, including, without limitation, the Xxxxxxxx Xxxxxx Grocery Center REIT I, Inc. Amended and Restated 2010 Long-Term Incentive Plan (collectively, the “Plans”), the following definitions shall apply to all awards granted under the Plans on or prior to the date hereof and entirely supersede and replace any similar definitions applicable to such prior awards:
(a) The definitions of “Cause,” “Disability” and “Good Reason” shall have the meanings set forth in the Severance Plan (as defined below);
