Common use of Termination Between First and Second Vesting Date Clause in Contracts

Termination Between First and Second Vesting Date. If your termination of employment occurs after February 9, 2013 but before February 9, 2014 and: i. you terminate employment as a result of your death or total and permanent disability, as determined by OfficeMax in its sole and complete discretion, ii. you are involuntarily terminated in a situation qualifying you for severance payments under an OfficeMax plan, or iii. you voluntarily terminate employment and at the time of your termination you are at least age 55 and have completed at least 10 years of employment with OfficeMax, then the number of unvested Restricted Stock Units relating to the second half of your Potential RSU Award that would have otherwise vested, as determined under paragraph 4, on February 9, 2014 shall vest (subject to paragraphs 3 and 4) on your employment termination date in a pro rata manner based on the number of whole months that you were employed with OfficeMax since the Award Date over 36 months. Such pro rata vested Restricted Stock Units shall be payable not later than March 15, 2014. Any unvested Restricted Stock Units remaining after payout will be forfeited and canceled.

Termination Between First and Second Vesting Date. If your termination of employment occurs after February 911, 2013 2012 but before February 911, 2014 2013 and: i. you terminate employment as a result of your death or total and permanent disability, as determined by OfficeMax in its sole and complete discretion, ii. you are involuntarily terminated in a situation qualifying you for severance payments under an OfficeMax plan, or iii. you voluntarily terminate employment and at the time of your termination you are at least age 55 and have completed at least 10 years of employment with OfficeMax, then the number of unvested Restricted Stock Units relating to the second half of your Potential RSU Award that would have otherwise vested, as determined under paragraph 4, on February 911, 2014 2013 shall vest (subject to paragraphs 3 and 4) on your employment termination date in a pro rata manner based on the number of whole months that you were employed with OfficeMax since the Award Date over 36 months. Such pro rata vested Restricted Stock Units shall be payable not later than March 15, 20142013. Any unvested Restricted Stock Units remaining after payout will be forfeited and canceled.

Termination Between First and Second Vesting Date. If your termination of employment occurs on or after February 9[ ], 2013 2011 but before February 9[ ], 2014 2012 and: i. you terminate employment as a result of your death or total and permanent disability, as determined by OfficeMax in its sole and complete discretion, ii. you are involuntarily terminated in a situation qualifying you for severance payments under an OfficeMax plan, or iii. you voluntarily terminate employment and at the time of your termination you are at least age 55 and have completed at least 10 years of employment with OfficeMax, then the number of unvested Restricted Stock Units relating to the second half of your Potential RSU Award that would have otherwise vested, as determined under paragraph 4, on February 9[ ], 2014 2012 shall vest (subject to paragraphs 3 and 4) on your employment termination date in a pro rata manner based on the number of whole months that you were employed with OfficeMax since the Award Date over 36 months. Such pro rata vested Restricted Stock Units shall be payable not later than March 15, 20142012. Any unvested Restricted Stock Units remaining after payout will be forfeited and canceledcancelled.