Common use of Stock Performance Plan and All Other Stock-Based Plans Clause in Contracts

Stock Performance Plan and All Other Stock-Based Plans. (1) At the Effective Time, the Delaware Company shall take all steps necessary to cause any shares of Delaware Company Common Stock granted pursuant to any Delaware Company Plan, including, without limitation, the Delaware Company's 1999 Stock Performance Incentive Plan (the "Stock Performance ----------------- Plan"), to be converted into shares of Surviving Corporation Common Stock in ---- accordance with Section 2.1(i) hereof. Except as provided herein or as otherwise agreed to by the Parties, and to the extent permitted by the applicable plan or agreement, the provisions in any plan, program or arrangement (other than the Stock Performance Plan and the Delaware Company Option Plans) providing for the issuance or grant of any other interest in respect of the capital stock of the Delaware Company or any of its Subsidiaries will be terminated as of the Effective Time.

Stock Performance Plan and All Other Stock-Based Plans. (1) At the Effective Time, the Delaware Company shall take all steps necessary to cause any shares of Delaware Company Common Stock granted pursuant to any Delaware Company Plan, including, without limitation, the Delaware Company's 1999 Stock Performance Incentive Plan (the "Stock Performance ----------------- Plan"), ---------------------- to be converted into shares of Surviving Corporation Common Stock in ---- accordance with Section 2.1(i) hereof. Except as provided herein or as otherwise agreed to by the Parties, and to the extent permitted by the applicable plan or agreement, the provisions in any plan, program or arrangement (other than the Stock Performance Plan and the Delaware Company Option Plans) providing for the issuance or grant of any other interest in respect of the capital stock of the Delaware Company or any of its Subsidiaries will be terminated as of the Effective Time.