Common use of Rights as a Common Stockholder Clause in Contracts

Rights as a Common Stockholder. You shall have no rights as a stockholder with respect to any shares of Common Stock covered by the Performance Share Units until you shall have become the holder of record of such shares, and, except as expressly provided in this Section 10, no adjustment shall be made for dividends or distributions or other rights in respect of such shares for which the record date is prior to the date upon which you shall become the holder of record thereof. Notwithstanding the foregoing, as of each dividend payment date for each cash dividend on the Common Stock covered by a Performance Share Unit, the Company shall award you additional performance share units (“Dividend Equivalents”), which shall be subject to the same restrictions and risk of forfeiture, and all other terms and conditions, as the Performance Share Units granted pursuant to this Agreement. The number of Dividend Equivalents to be granted shall equal the product of (x) the per-share cash dividend payable with respect to each share of Common Stock, multiplied by (y) the total number of Performance Share Units that have not been paid or forfeited as of the record date for such dividend, divided by the Fair Market Value of one share of Common Stock on the payment date of such dividend. In addition, stock dividends on the Common Stock covered by a Performance Share Unit shall be credited to a dividend book entry account on your behalf with respect to each Performance Share Unit, provided that you shall not be entitled to such dividends unless and until the Performance Share Unit vests and is paid.

Rights as a Common Stockholder. You shall have no rights as a stockholder with respect to any shares of Common Stock covered by the Performance Share Units RSUs until you shall have become the holder of record of such shares, and, except as expressly provided in this Section 1011, no adjustment shall be made for dividends or distributions or other rights in respect of such shares for which the record date is prior to the date upon which you shall become the holder of record thereof. Notwithstanding the foregoing, as of each dividend payment date for each cash dividend on the Common Stock covered by a Performance Share UnitRSU, the Company shall award you additional performance share units RSUs (“Dividend Equivalents”), which shall be subject to the same restrictions and risk of forfeiture, and all other terms and conditions, as the Performance Share Units RSUs granted pursuant to this Agreement. The number of Dividend Equivalents to be granted shall equal the product of (x) the per-share cash dividend payable with respect to each share of Common Stock, multiplied by (y) the total number of Performance Share Units RSUs that have not been paid or forfeited as of the record date for such dividend, divided by the Fair Market Value of one share of Common Stock on the payment date of such dividend. In addition, stock dividends on the Common Stock covered by a Performance Share Unit RSU shall be credited to a dividend book entry account on your behalf with respect to each Performance Share UnitRSU, provided that you shall not be entitled to such dividends unless and until the Performance Share Unit RSU vests and is paid.

Rights as a Common Stockholder. You shall have no rights as a stockholder with respect to any shares of Common Stock covered by the Performance Share Units PVRSUs until you shall have become the holder of record of such shares, and, except as expressly provided in this Section 10, no adjustment shall be made for dividends or distributions or other rights in respect of such shares for which the record date is prior to the date upon which you shall become the holder of record thereof. Notwithstanding the foregoing, as of each dividend payment date for each cash dividend on the Common Stock covered by a Performance Share UnitPVRSU, the Company shall award you additional performance share units PVRSUs (“Dividend Equivalents”), which shall be subject to the same restrictions and risk of forfeiture, and all other terms and conditions, as the Performance Share Units PVRSUs granted pursuant to this Agreement. The number of Dividend Equivalents to be granted shall equal the product of (x) the per-share cash dividend payable with respect to each share of Common Stock, multiplied by (y) the total number of Performance Share Units PVRSUs that have not been paid or forfeited as of the record date for such dividend, divided by the Fair Market Value of one share of Common Stock on the payment date of such dividend. In addition, stock dividends on the Common Stock covered by a Performance Share Unit PVRSU shall be credited to a dividend book entry account on your behalf with respect to each Performance Share UnitPVRSU, provided that you shall not be entitled to such dividends unless and until the Performance Share Unit PVRSU vests and is paid.

Rights as a Common Stockholder. You shall have no rights as a stockholder with respect to any shares of Common Stock covered by the Performance Share Units RSUs until you shall have become the holder of record of such shares, and, except as expressly provided in this Section 109, no adjustment shall be made for dividends or distributions or other rights in respect of such shares for which the record date is prior to the date upon which you shall become the holder of record thereof. Notwithstanding the foregoing, as of each dividend payment date for each cash dividend on the Common Stock covered by a Performance Share UnitRSU, the Company shall award you additional performance share units RSUs (“Dividend Equivalents”), which shall be subject to the same restrictions and risk of forfeiture, and all other terms and conditions, as the Performance Share Units RSUs granted pursuant to this Agreement. The number of Dividend Equivalents to be granted shall equal the product of (x) the per-share cash dividend payable with respect to each share of Common Stock, multiplied by (y) the total number of Performance Share Units RSUs that have not been paid or forfeited as of the record date for such dividend, divided by the Fair Market Value of one share of Common Stock on the payment date of such dividend. In addition, stock dividends on the Common Stock covered by a Performance Share Unit RSU shall be credited to a dividend book entry account on your behalf with respect to each Performance Share UnitRSU, provided that you shall not be entitled to such dividends unless and until the Performance Share Unit RSU vests and is paid.