Common use of Restricted Stock Plan Clause in Contracts

Restricted Stock Plan. Prior to the Closing, the board of directors of the Buyer shall (i) adopt the Restricted Stock Plan and (ii) grant, pursuant to the Restricted Stock Plan and subject to the Closing having occurred, restricted shares of Buyer Common Stock to the individuals (subject to such individuals having agreed to become, and having become, employees of the Buyer) and in the amounts set forth on Schedule 5.2(d). Notwithstanding the foregoing, the Buyer shall have no obligation pursuant to this Section 5.2(d) if the payments of the amounts set forth on Schedule 5.2(d) have not been approved by the stockholders of the Company in the manner provided for under Section 280G(b)(5)(B) of the Code and applicable regulations; provided, however, that the Buyer in its sole and absolute discretion may make any such payments even if such approval has not been obtained.

Restricted Stock Plan. Prior to Provided that the Closingpayments of the amounts set forth on Schedule 5.2(d) have been approved by the stockholders of the Company in the manner provided for under Section 280G(b)(5)(B) of the Code and applicable regulations, the board of directors of the Buyer shall (i) adopt have adopted the Restricted Stock Plan and (ii) granthave granted, pursuant to the Restricted Stock Plan and subject to the Closing having occurred, restricted shares of Buyer Common Stock to the individuals (subject to such individuals having agreed to become, and having become, employees of the Buyer) and in the amounts set forth on Schedule 5.2(d). Notwithstanding the foregoing, the Buyer shall have no obligation pursuant to this Section 5.2(d) if the payments of the amounts set forth on Schedule 5.2(d) have not been approved by the stockholders of the Company in the manner provided for under Section 280G(b)(5)(B) of the Code and applicable regulations; provided, however, that the Buyer in its sole and absolute discretion may make any such payments even if such approval has not been obtained.