Retirement, Disability or Death. (a) If your employment with Avient or a Subsidiary terminates before the expiration of the SARs due to (i) retirement at age 55 or older with at least 10 years of service, (ii) retirement at age 58 or older with at least 5 years of service, (iii) permanent and total disability (as defined under the relevant disability plan or program of Avient or a Subsidiary in which you then participate), or (iv) death, then: A. a pro-rata portion of the number of SARs for which the Performance-Vesting Hurdles have not been satisfied on or prior to the date of the termination of your employment, regardless of whether the Time-Vesting Hurdles have been satisfied (such number, the “Special Vested SARs – Future Performance”), shall remain eligible to vest and be exercised in whole or in part when the applicable Performance-Vesting Hurdles have been satisfied prior to the end of their term, but in no event beyond February 8, 2031, after which, subject to Section 1(d) of this Schedule A, such Special Vested SARs – Future Performance will terminate; and B. a pro-rata portion of the number of SARs for which the Performance-Vesting Hurdles have been satisfied, but for which the Time-Vesting Hurdles have not been satisfied on or prior to the date of the termination of your employment (such number, the “Special Vested SARs – Past Performance”), shall remain eligible to exercise in whole or in part prior to the end of their term, but in no event beyond February 8, 2031, after which, subject to Section 1(d) of this Schedule A, such Special Vested SARs – Past Performance will terminate. (b) Each pro-rata portion of a Tranche that remains eligible to vest or to be exercised in accordance with Section 3(a) of this Schedule A shall be determined by calculating the product of (i) the Special Vested SARs – Future Performance or the Special Vested SARs – Past Performance, as applicable, for such Tranche, multiplied by (ii) a fraction, the numerator of which is the number of days that you were employed by Avient or a Subsidiary during the period commencing on February 8, 2021 and continuing through the date of your termination pursuant to one of the events described in Section 3(a)(i), (ii), (iii) or (iv) above, and the denominator of which is 365 (for Tranche I Performance-Vesting Hurdle or Time-Vesting Hurdle), 730 (for Tranche II Performance-Vesting Hurdle or Time-Vesting Hurdle) and 1,095 (for Tranche III Performance-Vesting Hurdle or Time-Vesting Hurdle). (c) All SARs that have become vested under Section 1 of this Schedule A as of the time of the termination of your employment due to retirement, disability or death, but have not been exercised as of the time of the termination of your employment, may be exercised in whole or in part for the remainder of their term, but in no event beyond February 8, 2031, after which, subject to Section 1(d) of this Schedule A, such SARs will terminate.
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Retirement, Disability or Death. (a) If your employment with Avient or a Subsidiary terminates before the expiration of the SARs due to (i) retirement at age 55 or older with at least 10 years of service, (ii) retirement at age 58 or older with at least 5 years of service, (iii) permanent and total disability (as defined under the relevant disability plan or program of Avient or a Subsidiary in which you then participate), or (iv) death, then:
A. a pro-rata portion of the number of SARs for which the Performance-Vesting Hurdles have not been satisfied on or prior to the date of the termination of your employment, regardless of whether the Time-Vesting Hurdles have been satisfied (such number, the “Special Vested SARs – Future Performance”), shall remain eligible to vest and be exercised in whole or in part when the applicable Performance-Vesting Hurdles have been satisfied prior to the end of their term, but in no event beyond February 817, 20312033, after which, subject to Section 1(d) of this Schedule A, such Special Vested SARs – Future Performance will terminate; and
B. a pro-rata portion of the number of SARs for which the Performance-Vesting Hurdles have been satisfied, but for which the Time-Vesting Hurdles have not been satisfied on or prior to the date of the termination of your employment (such number, the “Special Vested SARs – Past Performance”), shall remain eligible to exercise in whole or in part prior to the end of their term, but in no event beyond February 817, 20312033, after which, subject to Section 1(d) of this Schedule A, such Special Vested SARs – Past Performance will terminate.
(b) Each pro-rata portion of a Tranche that remains eligible to vest or to be exercised in accordance with Section 3(a) of this Schedule A shall be determined by calculating the product of (i) the Special Vested SARs – Future Performance or the Special Vested SARs – Past Performance, as applicable, for such Tranche, multiplied by (ii) a fraction, the numerator of which is the number of days that you were employed by Avient or a Subsidiary during the period commencing on February 817, 2021 2023 and continuing through the date of your termination pursuant to one of the events described in Section 3(a)(i), (ii), (iii) or (iv) above, and the denominator of which is 365 (for Tranche I Performance-Vesting Hurdle or Tranche I Time-Vesting Hurdle), 730 731 (for Tranche II Performance-Vesting Hurdle or Tranche II Time-Vesting Hurdle) and 1,095 1,096 (for Tranche III Performance-Vesting Hurdle or Tranche III Time-Vesting Hurdle); provided that if the numerator exceeds the denominator for such Tranche, the applicable fraction shall be one.
(c) All SARs that have become vested under Section 1 of this Schedule A as of the time of the termination of your employment due to retirement, disability or death, but have not been exercised as of the time of the termination of your employment, may be exercised in whole or in part for the remainder of their term, but in no event beyond February 817, 20312033, after which, subject to Section 1(d) of this Schedule A, such SARs will terminate.
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Retirement, Disability or Death. (a) If your employment with Avient or a Subsidiary terminates before the expiration of the SARs due to (i) retirement at age 55 or older with at least 10 years of service, (ii) retirement at age 58 or older with at least 5 years of service, (iii) permanent and total disability (as defined under the relevant disability plan or program of Avient or a Subsidiary in which you then participate), ) or (iv) death, then:
A. a pro-rata portion of the number of SARs for which the Performance-Vesting Hurdles have not been satisfied on or prior to the date of the termination of your employment, regardless of whether the Time-Vesting Hurdles have been satisfied (such number, the “Special Vested SARs – Future Performance”), shall remain eligible to vest and be exercised in whole or in part when the applicable Performance-Vesting Hurdles have been satisfied prior to the end of their term, but in no event beyond February 8, 2031, after which, subject to Section 1(d) of this Schedule A, such Special Vested SARs – Future Performance will terminate; and
B. then a pro-rata portion of the number of SARs for which the Performance-Vesting Hurdles have been satisfiedsatisfied on or prior to the date of the termination of your employment, but for which the Time-Vesting Hurdles have not been satisfied on or prior to the date of the termination of your employment (such number, the “Special Vested SARs – Past PerformanceSARs”), shall remain eligible to exercise vest upon such termination and may be exercised in whole or in part prior to the end of their term, but in no event beyond February 8[_], 20312034, after which, subject to Section 1(d) of this Schedule A, such Special Vested SARs – Past Performance will terminate.
(b) . Each pro-rata portion of a Tranche that remains eligible to vest or to be exercised vests in accordance with this Section 3(a) of this Schedule A shall be determined by calculating the product of (iA) the Special Vested SARs – Future Performance or the Special Vested SARs – Past Performance, as applicable, for such Tranche, multiplied by (iiB) a fraction, the numerator of which is the number of days that you were employed by Avient or a Subsidiary during the period commencing on February 8[_], 2021 2024 and continuing through the date of your termination pursuant to one of the events described in Section 3(a)(i), (ii), (iii) or (iv) above, and the denominator of which is 365 366 (for Tranche I Performance-Vesting Hurdle or Time-Vesting Hurdle), 730 731 (for Tranche II Performance-Vesting Hurdle or Time-Vesting Hurdle) and 1,095 1,096 (for Tranche III Performance-Vesting Hurdle or Time-Vesting Hurdle); provided that if the numerator exceeds the denominator for any such Tranche, the applicable fraction shall be one.
(cb) All SARs that have become vested under Section 1 of this Schedule A as of the time of the termination of your employment due to retirement, disability or death, but have not been exercised as of the time of the termination of your employment, may be exercised in whole or in part for the remainder of their term, but in no event beyond February 8[_], 20312034, after which, subject to Section 1(d) of this Schedule A, such SARs will terminate.
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Retirement, Disability or Death. (a) If your employment with Avient or a Subsidiary terminates before the expiration of the SARs due to (i) retirement at age 55 or older with at least 10 years of service, (ii) retirement at age 58 or older with at least 5 years of service, (iii) permanent and total disability (as defined under the relevant disability plan or program of Avient or a Subsidiary in which you then participate), or (iv) death, then:
A. a pro-rata portion of the number of SARs for which the Performance-Vesting Hurdles have not been satisfied on or prior to the date of the termination of your employment, regardless of whether the Time-Vesting Hurdles have been satisfied (such number, the “Special Vested SARs – Future Performance”), shall remain eligible to vest and be exercised in whole or in part when the applicable Performance-Vesting Hurdles have been satisfied prior to the end of their term, but in no event beyond February 814, 20312032, after which, subject to Section 1(d) of this Schedule A, such Special Vested SARs – Future Performance will terminate; and
B. a pro-rata portion of the number of SARs for which the Performance-Vesting Hurdles have been satisfied, but for which the Time-Vesting Hurdles have not been satisfied on or prior to the date of the termination of your employment (such number, the “Special Vested SARs – Past Performance”), shall remain eligible to exercise in whole or in part prior to the end of their term, but in no event beyond February 814, 20312032, after which, subject to Section 1(d) of this Schedule A, such Special Vested SARs – Past Performance will terminate.
(b) Each pro-rata portion of a Tranche that remains eligible to vest or to be exercised in accordance with Section 3(a) of this Schedule A shall be determined by calculating the product of (i) the Special Vested SARs – Future Performance or the Special Vested SARs – Past Performance, as applicable, for such Tranche, multiplied by (ii) a fraction, the numerator of which is the number of days that you were employed by Avient or a Subsidiary during the period commencing on February 814, 2021 2022 and continuing through the date of your termination pursuant to one of the events described in Section 3(a)(i), (ii), (iii) or (iv) above, and the denominator of which is 365 (for Tranche I Performance-Vesting Hurdle or Time-Vesting Hurdle), 730 (for Tranche II Performance-Vesting Hurdle or Time-Vesting Hurdle) and 1,095 1,096 (for Tranche III Performance-Vesting Hurdle or Time-Vesting Hurdle).
(c) All SARs that have become vested under Section 1 of this Schedule A as of the time of the termination of your employment due to retirement, disability or death, but have not been exercised as of the time of the termination of your employment, may be exercised in whole or in part for the remainder of their term, but in no event beyond February 814, 20312032, after which, subject to Section 1(d) of this Schedule A, such SARs will terminate.
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Retirement, Disability or Death. (a) If Subject to Section 6 of this Schedule C, if your employment with Avient PolyOne or a Subsidiary terminates before prior to the expiration of the SARs Payment Date due to (i1) retirement at age 55 or older with at least 10 years of service, (ii1) retirement at age 58 or older with at least 5 years of service, (iii1) permanent and total disability (as defined under the relevant disability plan or program of Avient PolyOne or a Subsidiary in which you then participate), ) or (iv1) death, thenPolyOne shall pay to you or your executor or administrator, as the case may be, on the Payment Date:
A. a pro-rata portion (i) with respect to Annual Performance Periods, the sum of (A) the actual number of Performance Units earned as of the number of SARs for which the Performance-Vesting Hurdles have not been satisfied on or prior to the date of the termination of your employment, regardless of whether the Time-Vesting Hurdles have been satisfied (such number, the “Special Vested SARs – Future Performance”), shall remain eligible to vest and be exercised in whole or in part when the applicable Performance-Vesting Hurdles have been satisfied prior to the end of their term, but in no event beyond February 8, 2031, after which, subject Payment Date pursuant to Section 1(d2(a) of this Schedule A, such Special Vested SARs – Future C with respect to the Annual Performance will terminatePeriods for the entirety of which you were employed by PolyOne or a Subsidiary; and
B. a pro-rata portion and (B) the product of (I) the actual number of Performance Units you would have earned as of the number of SARs for which the Performance-Vesting Hurdles have been satisfied, but for which the Time-Vesting Hurdles have not been satisfied on or prior to the date of the termination of your employment (such number, the “Special Vested SARs – Past Performance”), shall remain eligible to exercise in whole or in part prior to the end of their term, but in no event beyond February 8, 2031, after which, subject Payment Date pursuant to Section 1(d2(a) of this Schedule A, such Special Vested SARs – Past C with respect to the Annual Performance will terminate.
(b) Each pro-rata portion Periods which you did not complete had you remained in the continuous employ of PolyOne or a Tranche that remains eligible to vest or to be exercised in accordance with Section 3(a) Subsidiary for the entirety of this Schedule A shall be determined by calculating the product of (i) the Special Vested SARs – Future those Annual Performance or the Special Vested SARs – Past Performance, as applicable, for such TranchePeriods, multiplied by (iiII) a fraction, the numerator of which is the number of days that you were employed by Avient or a Subsidiary during the period commencing on February 8, 2021 the date immediately following the last day of the most recently completed Annual Performance Period and continuing through ending on the date of your termination pursuant to one of the events described in Section 3(a)(i4(a), (iib), (iiic) or (ivd) above, and the denominator of which is 365 (for Tranche I Performance-Vesting Hurdle or Time-Vesting Hurdle)the number of days during the period commencing on the date immediately following the last day of the most recently completed Annual Performance Period and December 31, 730 (for Tranche II Performance-Vesting Hurdle or Time-Vesting Hurdle) and 1,095 (for Tranche III Performance-Vesting Hurdle or Time-Vesting Hurdle).2014; and
(cii) All SARs that with respect to the Cumulative Performance Period, the product of (A) the actual number of Performance Units you would have become vested under Section 1 of this Schedule A earned as of the time of the termination of your employment due to retirement, disability or death, but have not been exercised as of the time of the termination of your employment, may be exercised in whole or in part for the remainder of their term, but in no event beyond February 8, 2031, after which, subject Payment Date pursuant to Section 1(d2(a) of this Schedule AC for the Cumulative Performance Period had you remained in the continuous employ of PolyOne or a Subsidiary until the Payment Date, such SARs will terminatemultiplied by (B) a fraction, the numerator of which is the number of days during the period commencing on January 1, 2012 and ending on the date of your termination pursuant to one of the events described in Section 4(a), (b), (c) or (d) above, and the denominator of which is 1,096.
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Samples: Award Agreement (Polyone Corp)