Common use of Stock Purchase Plan Clause in Contracts

Stock Purchase Plan. Transferred Employees and any other Freescale employees will continue to participate in the Motorola Employee Stock Purchase Plan of 1999 (the “MOT Share Plan”) after the Reorganization Date through the Distribution Date or such earlier date on which their participation in the MOT Share Plan terminates (the “Plan Termination Date”). Motorola shall take any and all necessary action prior to the Plan Termination Date to allow the contributions of the Freescale employees made prior to the Plan Termination Date to be used to purchase shares of Motorola common stock in accordance with the following: If the Plan Termination Date is within three months of the end of the current MOT Share Plan period, such purchase shall take place as of the end of the then applicable six month period under the MOT Share Plan and pursuant to the terms of such plan. If the Plan Termination Date is not within three months of the end of the current MOT Share Plan period, such purchase shall not take place and any amounts contributed by Freescale employees prior to the Plan Termination Date shall be refunded, without interest, as soon as practicable after the Plan Termination Date.