Common use of Rights During Performance Period; Dividend Equivalents Clause in Contracts

Rights During Performance Period; Dividend Equivalents. During the Performance Period, the Employee shall not have any rights as a shareholder with respect to the Shares underlying the Performance Units. During the Performance Period, if the Company pays dividends or makes other distributions on the Common Stock, the Employee shall be entitled to receive from the Company at the time of payout in respect of the Award dividend equivalents for such dividends or other distributions, either in cash, in the case of a cash dividend or cash distribution, or other property, in the case of a non-cash dividend or non-cash distribution, as applicable, in respect of the number of Shares underlying the Performance Units to which the Employee is entitled pursuant hereto, in each case, subject to applicable withholdings and satisfaction thereof (including retaining Shares otherwise issuable) as provided in Section 13.2 of the Plan. No such dividend equivalents will be paid in respect of Performance Units that are forfeited or cancelled. No interest shall be paid on any such dividend equivalents. If the number of the Company’s outstanding Shares is changed as a result of a stock dividend, stock split or the like, without additional consideration to the Company, the Performance Units subject to the Award shall be adjusted to correspond to the change in the Company’s outstanding Shares. Upon the expiration of the Performance Period and payout of the Award, the Employee may exercise voting rights and shall be entitled to receive dividends and other distributions with respect to the number of Shares to which the Employee is entitled pursuant hereto.

Rights During Performance Period; Dividend Equivalents. (i) During the Performance Period, the Employee may exercise full voting rights with respect to all Performance Shares subject to the Award but shall not have any other rights as a shareholder with respect to the Shares underlying the such Performance Units. During Shares. (ii) If, at any time during the Performance Period, if the Company Corporation pays dividends a dividend or makes other distributions on the Common Stock, then on or about the date the Performance Shares are released pursuant to Section 1(b), the Corporation shall pay to the Employee shall be entitled to receive from the Company at dividends or other distributions paid or payable during the time Performance Period on the number of payout in respect of the Award dividend equivalents for Performance Shares that are actually earned. No such dividends or other distributions, either in cash, in the case of a cash dividend or cash distribution, or other property, in the case of a non-cash dividend or non-cash distribution, as applicable, in respect of the number of Shares underlying the Performance Units to which the Employee is entitled pursuant hereto, in each case, subject to applicable withholdings and satisfaction thereof (including retaining Shares otherwise issuable) as provided in Section 13.2 of the Plan. No such dividend equivalents distributions will be paid in respect of Performance Units Shares that are forfeited or cancelled. No interest shall be paid on any such dividends or distributions. If any such dividend equivalents. or distribution is paid in securities of the Corporation (including additional shares of Common Stock), such securities shall be subject to the same restrictions and conditions as the Performance Shares in respect of which such dividend or distribution was made. (iii) If the number of the Company’s outstanding Shares shares of Common Stock is changed as a result of a stock dividend, stock split or the like, without additional consideration to the CompanyCorporation, the Performance Units Shares subject to the this Award shall be adjusted to correspond to the change in the CompanyCorporation’s outstanding Sharesshares of Common Stock. Upon For the avoidance of doubt, upon the expiration of the Performance Period and payout of the AwardPeriod, the Employee may exercise voting rights and shall be entitled to receive dividends and other distributions with respect to the number of Shares shares to which the Employee is entitled pursuant hereto.