Common use of Rights with Regard to Restricted Stock Clause in Contracts

Rights with Regard to Restricted Stock. The Participant will have the right to vote the Restricted Stock, and to exercise all other rights, powers and privileges of a holder of Common Stock with respect to the Restricted Stock set forth in the Plan, with the exceptions that: (i) the Participant will not be entitled to delivery of the stock certificate or certificates representing the Restricted Stock until the Restriction Period shall have expired as to such Shares; (ii) the Company (or its designated agent) will retain custody of the stock certificate or certificates representing the Restricted Stock and the other RS Property during the Restriction Period; (iii) no RS Property shall bear interest; (iv) the Participant may not sell, assign, transfer, pledge, exchange, encumber or dispose of the Restricted Stock during the Restriction Period; and (v) the Company will have the right, but not the obligation, in its sole discretion, to pay dividends with respect to Shares of Restricted Stock that are not vested on the record date for payment of such dividends to holders of Shares of Common Stock. Dividends paid on Shares of Restricted Stock shall be treated, to the extent required by applicable law, as additional compensation for tax purposes. If the Participant forfeits any Shares of Restricted Stock upon the Participant’s Termination of Employment as provided in Section 5(d) (“Forfeited Shares”), the Participant shall be required to pay back to the Company an amount equal to all dividends previously paid to the Participant with respect to such Forfeited Shares as unearned payments.

Rights with Regard to Restricted Stock. The Participant Employee will have all rights of a stockholder with respect to the Restricted Stock, including the right to vote the Restricted Stock, to receive and retain any dividends payable to holders of Common Stock of record on and after the transfer of the Restricted Stock (although such dividends shall be treated, to the extent required by applicable law, as additional compensation for tax purposes if paid, on Restricted Stock and stock dividends will be subject to the restrictions provided in Section 3(a)), and to exercise all other rights, powers and privileges of a holder of Common Stock with respect to the Restricted Stock set forth in the PlanStock, with the exceptions that: (i) the Participant Employee will not be entitled to delivery of the stock certificate or certificates representing the Restricted Stock until the Restriction Period period of time that such Shares are subject to the Restrictions set forth in Section 2 (the “Restricted Period”) shall have expired as to such Sharesand unless all other vesting requirements with respect thereto have been fulfilled; (ii) the Company (or its designated agent) will shall be entitled to retain custody of the stock certificate or certificates representing the Restricted Stock and the other RS Property during the Restriction Period; (iii) no RS Property shall bear interestinterest or be segregated in separate accounts during the Restriction Period; and (iv) the Participant Employee may not sell, assign, transfer, pledge, exchange, encumber encumber, hypothecate, or otherwise dispose of the Restricted Stock during the Restriction Period; and (v) the Company will have the right, but not the obligation, except as set forth in its sole discretion, to pay dividends with respect to Shares of Restricted Stock that are not vested on the record date for payment of such dividends to holders of Shares of Common Stock. Dividends paid on Shares of Restricted Stock shall be treated, to the extent required by applicable law, as additional compensation for tax purposes. If the Participant forfeits any Shares of Restricted Stock upon the Participant’s Termination of Employment as provided in Section 5(d) (“Forfeited Shares”), the Participant shall be required to pay back to the Company an amount equal to all dividends previously paid to the Participant with respect to such Forfeited Shares as unearned paymentsthis Agreement.

Rights with Regard to Restricted Stock. The Participant will have the right to vote the Restricted Stock, to receive and retain any regular cash dividends and other cash equivalent distributions (but not any dividends that constitute RS Property) payable to holders of Common Stock of record on and after the transfer of the Restricted Stock (although such dividends shall be treated, to the extent required by applicable law, as additional compensation for tax purposes if paid on Restricted Stock and any dividends that constitute RS Property will be subject to the restrictions provided herein), and to exercise all other rights, powers powers, and privileges of a holder of Common Stock with respect to the Restricted Stock set forth in the Plan, including the right to tender the Restricted Stock (although the consideration received in respect thereof shall be treated as “Restricted Stock” hereunder), with the exceptions that: that (i) the Participant will not be entitled to delivery of the stock certificate or certificates representing the Restricted Stock until the Restriction Period shall have expired as to such Shares; expired, (ii) the Company (or its designated agent) will retain custody of the stock certificate or certificates representing the Restricted Stock and the other RS Property during the Restriction Period; , (iii) no RS Property shall bear interest; interest or be segregated in separate accounts during the Restriction Period, and (iv) the Participant may not sell, assign, transfer, pledge, hypothecate, exchange, encumber encumber, or otherwise dispose of the Restricted Stock RS Property during the Restriction Period; and (v) Period except as otherwise permitted under the Company will have the right, but not the obligation, in its sole discretion, to pay dividends with respect to Shares of Restricted Stock that are not vested on the record date for payment of such dividends to holders of Shares of Common Stock. Dividends paid on Shares of Restricted Stock shall be treated, to the extent required by applicable law, as additional compensation for tax purposes. If the Participant forfeits any Shares of Restricted Stock upon the Participant’s Termination of Employment as provided in Section 5(d) (“Forfeited Shares”), the Participant shall be required to pay back to the Company an amount equal to all dividends previously paid to the Participant with respect to such Forfeited Shares as unearned paymentsPlan or this Agreement.

Rights with Regard to Restricted Stock. The Participant will have the right to vote the Restricted Stock, to receive and retain any regular cash dividends and other cash equivalent distributions (but not any dividends that constitute RS Property) payable to holders of Common Stock of record on and after the transfer of the Restricted Stock (although such dividends shall be treated, to the extent required by applicable law, as additional compensation for tax purposes if paid on Restricted Stock and any dividends that constitute RS Property will be subject to the restrictions provided herein), and to exercise all other rights, powers and privileges of a holder of Common Stock with respect to the Restricted Stock set forth in the Plan, including the right to tender the Restricted Stock (although the consideration received in respect thereof shall be treated as “Restricted Stock” hereunder), with the exceptions that: (i) the Participant will not be entitled to delivery of the stock certificate or certificates representing the Restricted Stock until the Restriction Period shall have expired as to such Sharesexpired; (ii) the Company (or its designated agent) will retain custody of the stock certificate or certificates representing the Restricted Stock and the other RS Property during the Restriction Period; (iii) no RS Property shall bear interestinterest or be segregated in separate accounts during the Restriction Period; and (iv) the Participant may not sell, assign, transfer, pledge, hypothecate, exchange, encumber or otherwise dispose of the Restricted Stock RS Property during the Restriction Period; and (v) Period except as otherwise permitted under the Company will have the right, but not the obligation, in its sole discretion, to pay dividends with respect to Shares of Restricted Stock that are not vested on the record date for payment of such dividends to holders of Shares of Common Stock. Dividends paid on Shares of Restricted Stock shall be treated, to the extent required by applicable law, as additional compensation for tax purposes. If the Participant forfeits any Shares of Restricted Stock upon the Participant’s Termination of Employment as provided in Section 5(d) (“Forfeited Shares”), the Participant shall be required to pay back to the Company an amount equal to all dividends previously paid to the Participant with respect to such Forfeited Shares as unearned paymentsPlan or this Agreement.

Rights with Regard to Restricted Stock. The Participant Employee will have all rights of a stockholder with respect to the Restricted Stock, including the right to vote the Restricted Stock, to receive and retain any dividends payable to holders of Common Stock of record on and after the transfer of the Restricted Stock (although such dividends shall be treated, to the extent required by applicable law, as additional compensation for tax purposes if paid on Restricted Stock and stock dividends will be subject to the restrictions provided in Section 3(a)), and to exercise all other rights, powers and privileges of a holder of Common Stock with respect to the Restricted Stock set forth in the PlanStock, with the exceptions that: (i) the Participant Employee will not be entitled to delivery of the stock certificate or certificates representing the Restricted Stock until the Restriction Period period of time that such Shares are subject to the restrictions set forth in Section 2 (the “Restricted Period”) shall have expired as to such Sharesand unless all other vesting requirements with respect thereto have been fulfilled; (ii) the Company (or its designated agent) will shall be entitled to retain custody of the stock certificate or certificates representing the Restricted Stock and the other RS Property during the Restriction Period; (iii) no RS Property shall bear interestinterest or be segregated in separate accounts during the Restriction Period; and (iv) the Participant Employee may not sell, assign, transfer, pledge, exchange, encumber encumber, hypothecate, or otherwise dispose of the Restricted Stock during the Restriction Period; and (v) , except as set forth in this Agreement. It is agreed between the Company will have and the right, but not Employee that the obligation, in its sole discretion, to pay dividends with respect to Shares of Restricted Stock that are not vested on the record date for payment of such dividends to holders of Shares of Common Stock. Dividends paid on Shares of Restricted Stock shall not be treated, to treated as a separate class of shares of the extent required by applicable law, as additional compensation for tax purposes. If the Participant forfeits any Shares of Restricted Stock upon the Participant’s Termination of Employment as provided in Section 5(d) (“Forfeited Shares”), the Participant shall be required to pay back to the Company an amount equal to all dividends previously paid to the Participant with respect to such Forfeited Shares as unearned paymentsCompany.

Rights with Regard to Restricted Stock. The Participant will have the right to vote the Restricted Stock, to receive and retain all regular cash dividends payable to holders of Shares of record on and after the Date of Grant (although such dividends shall be treated, to the extent required by applicable law, as additional compensation for tax purposes if paid on Restricted Stock), and to exercise all other rights, powers and privileges of a holder of Common Stock with respect to the Restricted Stock set forth in the Plan, with the exceptions that: (i) the Participant will not be entitled to delivery of the a stock certificate or certificates representing the Restricted Stock until the Restriction Period (as defined below) shall have expired as to such Sharesexpired; (ii) the Company (or its designated agent) will retain custody of the any stock certificate or certificates representing the Restricted Stock and the other RS Property during the Restriction Period; (iii) no RS Property shall bear interestinterest or be segregated in separate accounts during the Restriction Period; and (iv) the Participant may not sell, assign, transfer, pledge, exchangehypothecate, encumber assign, exchange or otherwise dispose of the Restricted Stock during the Restriction Period; and (v) . For purposes of this Agreement, the Company will have “Restriction Period” for the right, but not the obligation, in its sole discretion, to pay dividends with respect to Shares of Restricted Stock that are not vested granted hereunder shall be the period commencing on the record Date of Grant and ending at the close of business on the date for payment of such dividends to holders of Shares of Common Stock. Dividends paid on Shares of the Restricted Stock shall be treated, to the extent required by applicable law, as additional compensation for tax purposes. If the Participant forfeits any Shares of Restricted Stock upon the Participant’s Termination of Employment as provided in Section 5(d) (“Forfeited Shares”), the Participant shall be required to pay back to the Company an amount equal to all dividends previously paid to the Participant with respect to such Forfeited Shares as unearned paymentsbecomes vested.

Rights with Regard to Restricted Stock. The Participant will have the right to vote the Restricted Stock, to receive and retain all regular cash dividends payable to holders of Shares of record on and after the Grant Date (although such dividends shall be treated, to the extent required by applicable law, as additional compensation for tax purposes if paid on Restricted Stock), and to exercise all other rights, powers and privileges of a holder of Common Stock with respect to the Restricted Stock set forth in the Plan, with the exceptions that: (i) the Participant will not be entitled to delivery of the stock certificate or certificates representing the Restricted Stock until the Restriction Period (as defined below) shall have expired as to such Sharesexpired; (ii) the Company (or its designated agent) will retain custody of the stock certificate or certificates representing the Restricted Stock and the other RS Property during the Restriction Period; (iii) no RS Property shall bear interestinterest or be segregated in separate accounts during the Restriction Period; and (iv) the Participant may not sell, assign, transfer, pledge, exchangehypothecate, encumber assign, exchange or otherwise dispose of the Restricted Stock during the Restriction Period; and (v) . For purposes of this Agreement, the Company will have “Restriction Period” for the right, but not the obligation, in its sole discretion, to pay dividends with respect to Shares of Restricted Stock that are not vested granted hereunder shall be the period commencing on the record Grant Date and ending at the close of business on the date for payment of such dividends to holders of Shares of Common Stock. Dividends paid on Shares of the Restricted Stock shall be treated, to the extent required by applicable law, as additional compensation for tax purposes. If the Participant forfeits any Shares of Restricted Stock upon the Participant’s Termination of Employment as provided in Section 5(d) (“Forfeited Shares”), the Participant shall be required to pay back to the Company an amount equal to all dividends previously paid to the Participant with respect to such Forfeited Shares as unearned paymentsbecomes vested.

Rights with Regard to Restricted Stock. The Participant Upon delivery to the Executive, the Restricted Stock will constitute issued and outstanding shares of Common Stock for all corporate purposes. From and after the date of transfer, the Executive will have the right to vote the Restricted Stock, to receive and retain all regular cash dividends payable to holders of Common Stock of record on and after the transfer of the Restricted Stock, and to exercise all other rights, powers and privileges of a holder of Common Stock with respect to the Restricted Stock set forth in the PlanStock, with the exceptions that: that (i) the Participant Executive will not be entitled to delivery of the stock certificate or certificates representing the Restricted Stock until the period during which such Restricted Stock is subject to the restrictions set forth in Section 2 hereof (the "Restriction Period Period") has expired and unless all other vesting requirements with respect thereto shall have expired as to such Shares; been fulfilled, (ii) the Company (or its designated agent) will retain custody of the stock certificate or certificates representing the Restricted Stock and the other RS Property during the Restriction Period; , (iii) no RS Property shall bear interest; interest or be segregated in separate accounts during the Restriction Period, and (iv) the Participant Executive may not sell, assign, transfer, pledge, exchange, encumber or dispose of the Restricted Stock during the Restriction Period; and (v) . Notwithstanding the Company will have the rightforegoing, but not the obligation, in its sole discretion, to pay dividends if there is a tender offer with respect to Shares the Common Stock, the Executive may tender his shares of Restricted Stock that are not vested on the record date for payment of Stock, but such dividends to holders of Shares of Common Stock. Dividends paid on Shares of Restricted Stock shall be treated, upon tender remain subject to the restrictions set forth in Sections 3.3(a) and 3.3(b) below to the extent required by applicable law, as additional compensation for tax purposes. If the Participant forfeits any Shares of Restricted Stock upon the Participant’s Termination of Employment as provided in Section 5(d) (“Forfeited Shares”), the Participant shall be required that such restrictions continue to pay back apply subsequent to the Company an amount equal to all dividends previously paid to the Participant with respect to consummation of such Forfeited Shares as unearned paymentstender offer.

Rights with Regard to Restricted Stock. The Participant will have all rights of a stockholder with respect to the Restricted Stock, including the right to vote the Restricted Stock, to receive and retain any dividends payable to holders of Common Stock of record on and after the transfer of the Restricted Stock (although such dividends will be treated, to the extent required by applicable law, as additional compensation for tax purposes if paid on Restricted Stock and stock dividends will be subject to the restrictions provided in Section 3(a)), and to exercise all other rights, powers and privileges of a holder of Common Stock Share with respect to the Restricted Stock set forth in the Plan, with the exceptions that: (i) the Participant will not be entitled to delivery of the stock certificate or certificates representing the Restricted Stock until the Restriction Period shall will have expired as to such Sharesexpired; (ii) the Company (or its designated agent) will retain custody of the stock certificate or certificates representing the Restricted Stock and the other RS Property during the Restriction Period; (iii) no RS Property shall will bear interestinterest or be segregated in separate accounts during the Restriction Period; and (iv) the Participant may not sell, assign, transfer, pledge, exchange, encumber encumber, hypothecate or otherwise dispose of the Restricted Stock during the Restriction Period; and (v) the Company will have the right, but not the obligation, in its sole discretion, to pay dividends with respect to Shares of Restricted Stock that are not vested on the record date for payment of such dividends to holders of Shares of Common Stock. Dividends paid on Shares of Restricted Stock shall be treated, to the extent required by applicable law, as additional compensation for tax purposes. If the Participant forfeits any Shares of Restricted Stock upon the Participant’s Termination of Employment as provided in Section 5(d) (“Forfeited Shares”), the Participant shall be required to pay back to the Company an amount equal to all dividends previously paid to the Participant with respect to such Forfeited Shares as unearned payments.

Rights with Regard to Restricted Stock. The Participant will have the right to vote the Restricted Stock, and to exercise all other rights, powers and privileges of a holder of Common Stock with respect to the Restricted Stock set forth in the Plan, with the exceptions that: (i) the Participant will not be entitled to delivery of the stock certificate or certificates representing the Restricted Stock until the Restriction Period shall have expired as to such Shares; (ii) the Company (or its designated agent) will retain custody of the stock certificate or certificates representing the Restricted Stock and the other RS Property during the Restriction Period; (iii) no RS Property shall bear interest; (iv) the Participant may not sell, assign, transfer, pledge, exchange, encumber or dispose of the Restricted Stock during the Restriction Period; and (v) the Company will have the right, but not the obligation, in its sole discretion, to pay dividends with respect to Shares of Restricted Stock that are not vested on the record date for payment of such dividends to holders of Shares of Common Stock. Dividends paid on Shares of Restricted Stock shall be treated, to the extent required by applicable law, as additional compensation for tax purposes. If the Participant forfeits any Shares of Restricted Stock upon the Participant’s Termination of Employment as provided in Section 5(d) (“Forfeited Shares”), the Participant shall be required to pay back to the Company an amount equal to all dividends previously paid to the Participant with respect to such Forfeited Shares as unearned payments.

Rights with Regard to Restricted Stock. The Subject to Section 8, and until the Shares are sold or otherwise disposed of, the Participant will have the right to vote the Restricted Stock, to receive and retain any dividends payable to holders of record of Restricted Stock on and after the transfer of the Restricted Stock to the Participant (although such dividends shall be treated, to the extent required by applicable law, as additional compensation for tax purposes if paid on Restricted Stock, and stock dividends will be subject to the restrictions provided in Section 3(a)), and to exercise all other rights, powers and privileges of a holder of Common Stock with respect to the Restricted Stock set forth in the Plan, with the exceptions except that: (i) the Participant will shall not be entitled to delivery of the stock certificate or certificates representing the Restricted Stock until the Restriction Period shall have expired as to such Sharesexpired; (ii) the Company (or its designated agent) will shall retain custody of the stock certificate or certificates representing the Restricted Stock and the other RS Property during the Restriction Period; (iii) no RS Property shall bear interestinterest or be segregated in separate accounts during the Restriction Period; (iv) the Participant may shall not sell, assign, transfer, pledge, exchange, encumber or dispose of the Restricted Stock during the Restriction Period; and (v) the Company will have the right, but not the obligation, in its sole discretion, to pay dividends with respect to Shares of Restricted Stock that are not vested on the record date for payment of such dividends to holders of Shares of Common Stock. Dividends paid on Shares of Restricted Stock shall be treated, to the extent required by applicable law, as additional compensation for tax purposes. If if the Participant forfeits any Shares of Restricted Stock upon the Participant’s Termination of Employment as provided rights he or she has under this Agreement in accordance with Section 5(d) (“Forfeited Shares”3(c), the Participant shall be required to pay back to shall, on the Company an amount equal to all dividends previously paid to the Participant date of such forfeiture, no longer have any rights as a stockholder with respect to the Shares and shall no longer be entitled to vote or receive dividends on such Forfeited Shares as unearned paymentsShares.