Common use of Termination of Employment Before Vesting Date Clause in Contracts

Termination of Employment Before Vesting Date. In the event of the termination of the Employee’s employment with the Kraft Foods Group prior to the Vesting Date due to death or Disability (as defined below in Section 18) or upon the Employee’s Normal Retirement (as defined below in Section 18), the restrictions on the Restricted Shares shall lapse and the Restricted Shares shall become fully vested on the date of death, Disability, or Normal Retirement. If the Employee’s employment with the Kraft Foods Group is terminated for any reason other than death, Disability, or Normal Retirement prior to the Vesting Date, including any termination of employment caused directly or indirectly by the Company or a subsidiary or affiliate (even if such termination constitutes unfair dismissal under the employment laws of the country where the Employee resides or if the Employee’s termination is later determined to be invalid and his or her employment is reinstated), the Employee shall forfeit all rights to the Restricted Shares. Notwithstanding the foregoing, upon the termination of an Employee’s employment with the Kraft Foods Group, the Committee may, in its sole discretion, waive the restrictions on, and the vesting requirements for, the Restricted Shares. For purposes of this Agreement, the Employee’s employment shall be deemed to be terminated (i) when he or she is no longer actively employed by the Kraft Foods Group (regardless of the reason for such termination and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where Employee is employed or the terms of Employee’s employment agreement, if any), and (ii) when he or she is no longer actively employed by a corporation, or a parent or subsidiary thereof, substituting a new right for these Restricted Shares (or assuming these Restricted Shares) in connection with a merger, consolidation, acquisition of property or stock, separation, split-up reorganization or liquidation (the “Termination Date”). Unless otherwise determined by the Committee a leave of absence shall not constitute a termination of employment. The Committee shall have the exclusive discretion to determine when the Employee is no longer actively employed and the Termination Date for purposes of this Agreement.

Termination of Employment Before Vesting Date. In the event of the termination of the Employee’s employment with the Kraft Foods Mondelēz Group prior to the Vesting Date due to death or Disability (as defined below in Section 1821) or upon the Employee’s Normal Retirement (as defined below in Section 1821), the restrictions on the Restricted Shares Deferred Stock Units shall lapse and the Restricted Shares Deferred Stock Units shall become fully vested on the date of death, Disability, Disability or Normal Retirement. If the Employee’s employment with the Kraft Foods Mondelēz Group is terminated for any reason other than death, Disability, Disability or Normal Retirement prior to the Vesting Date, including any termination of employment caused directly or indirectly by the Company or a subsidiary or affiliate Mondelēz Group (even if such termination constitutes unfair dismissal under the employment laws of the country where the Employee resides or if the Employee’s termination is later determined to be invalid and his or her employment is reinstated), the Employee shall forfeit all rights to the Restricted SharesDeferred Stock Units and the shares of Common Stock underlying the Deferred Stock Units. Notwithstanding the foregoing, upon the termination of an Employee’s employment with the Kraft Foods Mondelēz Group, the Committee or an authorized delegate may, in its sole discretion, waive the restrictions on, and the vesting requirements for, the Restricted SharesDeferred Stock Units. For purposes of this Agreement, the Employee’s employment shall be deemed to be terminated (i) when he or she is no longer actively employed by the Kraft Foods Mondelēz Group (regardless of the reason for such termination and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where the Employee is employed or the terms of the Employee’s employment agreement, if any), and (ii) when he or she is no longer actively employed by a corporation, or a parent or subsidiary thereof, substituting a new right for these Restricted Shares (or assuming these Restricted Shares) in connection with a merger, consolidation, acquisition of property or stock, separation, split-up reorganization or liquidation (the “Termination Date”). Unless otherwise determined by the Committee Committee, a leave of absence shall not constitute a termination of employment. The Committee shall have the exclusive discretion to determine when the Employee is no longer actively employed and the Termination Date for purposes of this Agreement.

Termination of Employment Before Vesting Date. In the event of the termination of the Employee’s employment with the Kraft Foods Group prior to the Vesting Date due to death or Disability (as defined below in Section 18) or upon the Employee’s Normal Retirement (as defined below in Section 18), the restrictions on the Restricted Shares shall lapse and the Restricted Shares shall become fully vested on the date of termination due to death, Disability, or Normal Retirement. If the Employee’s employment with the Kraft Foods Group is terminated for any reason other than death, Disability, or Normal Retirement prior to the Vesting Date, including any termination of employment caused directly or indirectly by the Company or a subsidiary or affiliate (even if such termination constitutes unfair dismissal under the employment laws of the country where the Employee resides or if the Employee’s termination is later determined to be invalid and his or her employment is reinstated), the Employee shall forfeit all rights to the Restricted Shares. Notwithstanding the foregoing, upon the termination of an Employee’s employment with the Kraft Foods Group, the Committee may, in its sole discretion, waive the restrictions on, and the vesting requirements for, the Restricted Shares. For purposes of this Agreement, the Employee’s employment shall be deemed to be terminated (i) when he or she is no longer actively employed by the Kraft Foods Group (regardless of the reason for such termination and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where Employee is employed or the terms of Employee’s employment agreement, if any), and (ii) when he or she is no longer actively employed by a corporation, or a parent or subsidiary thereof, substituting a new right for these Restricted Shares (or assuming these Restricted Shares) in connection with a merger, consolidation, acquisition of property or stock, separation, split-up reorganization or liquidation (the “Termination Date”). Unless otherwise determined by the Committee Committee, a leave of absence shall not constitute a termination of employment. The Committee shall have the exclusive discretion to determine when the Employee is no longer actively employed and the Termination Date for purposes of this Agreement, subject to compliance with Section 409A of the Code.