Time and Form of Payment. Any shares of Common Stock issuable pursuant to this Section 5 shall be issued immediately following (and not later than five business days after) the Change of Control Date and shall be fully earned and freely transferable as of the Change of Control Date. Notwithstanding anything else contained in this Section 5 to the contrary (other than Section 5(d)), if the Change of Control involves a merger, reclassification, reorganization or other similar transaction pursuant to which the Common Stock is exchanged for stock of the surviving corporation in such merger, the successor to the corporation or the direct or indirect parent of such a corporation (collectively, the “Successor Corporation”), then you shall receive, instead of each share of Common Stock otherwise deliverable hereunder, the same consideration (whether stock, cash or other property) payable or distributable in such transaction in respect of a share of Common Stock. Any property distributed pursuant to this Section 5(b), whether in shares of the Successor Corporation or otherwise, shall in all cases be freely transferable without any restriction (other than any such restriction that may be imposed by applicable law), and any securities issued hereunder shall be registered to trade under the Exchange Act, and shall have been registered under the Securities Act of 1933, as amended (the “Securities Act”).
Appears in 4 contracts
Samples: Performance Unit Award Agreement (Forest Oil Corp), Performance Unit Award Agreement (Forest Oil Corp), Performance Unit Award Agreement (Forest Oil Corp)
Time and Form of Payment. Any shares of Common Stock issuable pursuant to this Section 5 5(a) shall be issued at the time provided in Section 3 hereof, or, if sooner, immediately upon your Termination Date. Any shares of Common Stock issuable pursuant to Section 5(b) or 5(c) shall be issued immediately following (and not later than five business days after) the Change of Control Date and shall be fully earned and freely transferable as of the Change of Control Date. Notwithstanding anything else contained in this Section 5 to the contrary (other than Section 5(d5(e)), if the Change of Control involves a merger, reclassification, reclassification or other reorganization or other similar transaction business combination pursuant to which the Common Stock is exchanged for or converted to stock of the surviving or continuing corporation in such mergertransaction, the successor or continuing entity to the corporation Company or the direct or indirect parent of such a corporation the Company (collectively, the “Successor Corporation”), then you shall receive, instead of each share of Common Stock otherwise deliverable hereunder, the same consideration (whether stock, cash or other property) payable or distributable in such transaction in respect of a share of Common Stock. Any property distributed pursuant to this Section 5(b5(d), whether in shares of the Successor Corporation or otherwise, shall in all cases be freely transferable without any restriction (other than any such restriction that may be imposed by applicable law), and any securities issued hereunder shall be registered to trade under the Exchange Act, and shall have been registered under the Securities Act of 1933, as amended (the “Securities Act”).
Appears in 3 contracts
Samples: Performance Unit Award Agreement (Concho Resources Inc), Performance Unit Award Agreement (Concho Resources Inc), Performance Unit Award Agreement (Concho Resources Inc)
Time and Form of Payment. Any shares of Common Stock issuable pursuant to this Section 5 shall be issued immediately following (and not later than five business days after) the Change of Control Date and shall be fully earned and freely transferable as of the Change of Control Date. Notwithstanding anything else contained in this Section 5 to the contrary (other than Section 5(d)), if the Change of Control involves a merger, reclassification, reclassification or other reorganization or other similar transaction business combination pursuant to which the Common Stock is exchanged for or converted to stock of the surviving or continuing corporation in such mergertransaction, the successor or continuing entity to the corporation Company or the direct or indirect parent of such a corporation the Company (collectively, the “Successor Corporation”), then you shall receive, instead of each share of Common Stock otherwise deliverable hereunder, the same consideration (whether stock, cash or other property) payable or distributable in such transaction in respect of a share of Common Stock. Any property distributed pursuant to this Section 5(b5(c), whether in shares of the Successor Corporation or otherwise, shall in all cases be freely transferable without any restriction (other than any such restriction that may be imposed by applicable law), and any securities issued hereunder shall be registered to trade under the Exchange Act, and shall have been registered under the Securities Act of 1933, as amended (the “Securities Act”).
Appears in 3 contracts
Samples: Performance Unit Award Agreement, Performance Unit Award Agreement (Concho Resources Inc), Performance Unit Award Agreement (Concho Resources Inc)
Time and Form of Payment. Any shares of Common Stock issuable pursuant to this Section 5 shall be issued immediately following (and not later than five business days after) the Change of in Control Date and shall be fully earned and freely transferable as of the Change of in Control Date. Notwithstanding anything else contained in this Section 5 to the contrary (other than Section 5(d))contrary, if the Change of in Control involves a merger, reclassification, reorganization or other similar transaction pursuant to which the Common Stock is exchanged for stock of the surviving corporation in such merger, the successor to the corporation or the direct or indirect parent of such a corporation (collectively, the “Successor Corporation”), then you shall receive, instead of each share of Common Stock otherwise deliverable hereunder, the same consideration (whether stock, cash or other property) payable or distributable in such transaction in respect of a share of Common Stock. Any property distributed pursuant to this Section 5(b5(c), whether in shares of the Successor Corporation or otherwise, shall in all cases be freely transferable without any restriction (other than any such restriction that may be imposed by applicable law), and any securities issued hereunder shall be registered to trade under the Exchange Act, and shall have been registered under the Securities Act of 1933, as amended (the “Securities Act”).
Appears in 1 contract
Samples: Performance Unit Award Agreement (Carbon Natural Gas Co)
Time and Form of Payment. Any shares of Common Stock issuable pursuant to this Section 5 shall be issued immediately following (and not later than five business days after) the Change of Control Date and shall be fully earned and freely transferable as of the Change of Control Date. Notwithstanding anything else contained in this Section 5 to the contrary (other than Section 5(d)), if the Change of Control involves a merger, reclassificationamalgamation, consolidation or other reorganization or other similar transaction business combination pursuant to which the Common Stock is exchanged for or converted to stock of the surviving or continuing corporation in such mergertransaction, the successor or continuing entity to the corporation Company or the direct or indirect parent of such a corporation the Company (collectively, the “Successor Corporation”), then you shall receive, instead of each share of Common Stock otherwise deliverable issuable hereunder, the same consideration (whether stock, cash or other property) payable or distributable in such transaction in respect of a share of Common Stock. Any property distributed pursuant to this Section 5(b), whether in shares of the Successor Corporation or otherwise, shall in all cases be freely transferable without any restriction (other than any such restriction that may be imposed by applicable law), and any securities issued hereunder shall be registered to trade under the Exchange Act, and shall have been registered under the United States Securities Act of 1933, as amended (the “Securities Act”).
Appears in 1 contract
Samples: Performance Unit Award Agreement (Lone Pine Resources Inc.)
Time and Form of Payment. Any shares of Common Stock issuable pursuant to this Section 5 shall be issued immediately following (and not later than five business days after) the Change of Control Date and shall be fully earned and freely transferable as of the Change of Control Date. Notwithstanding anything else contained in this Section 5 to the contrary (other than Section 5(d)), if the Change of Control involves a merger, reclassificationamalgamation, consolidation or other reorganization or other similar transaction business combination pursuant to which the Common Stock is exchanged for or converted to stock of the surviving or continuing corporation in such mergertransaction, the successor or continuing entity to the corporation Company or the direct or indirect parent of such a corporation the Company (collectively, the “"Successor Corporation”"), then you shall receive, instead of each share of Common Stock otherwise deliverable issuable hereunder, the same consideration (whether stock, cash or other property) payable or distributable in such transaction in respect of a share of Common Stock. Any property distributed pursuant to this Section 5(b), whether in shares of the Successor Corporation or otherwise, shall in all cases be freely transferable without any restriction (other than any such restriction that may be imposed by applicable law), and any securities issued hereunder shall be registered to trade under the Exchange Act, and shall have been registered under the United States Securities Act of 1933, as amended (the “"Securities Act”").
Appears in 1 contract
Samples: Performance Unit Award Agreement (Lone Pine Resources Inc.)
Time and Form of Payment. Any shares of Common Stock issuable pursuant to this Section 5 shall be issued immediately following (and not later than five business days after) the Change of in Control Date and shall be fully earned and freely transferable as of the Change of in Control Date. Notwithstanding anything else contained in this Section 5 to the contrary (other than Section 5(d)), if the Change of in Control involves a merger, reclassification, reorganization or other similar transaction pursuant to which the Common Stock is exchanged for stock of the surviving corporation in such merger, the successor to the corporation or the direct or indirect parent of such a corporation (collectively, the “Successor Corporation”), then you shall receive, instead of each share of Common Stock otherwise deliverable hereunder, the same consideration (whether stock, cash or other property) payable or distributable in such transaction in respect of a share of Common Stock. Any property distributed pursuant to this Section 5(b), whether in shares of the Successor Corporation or otherwise, shall in all cases be freely transferable without any restriction (other than any such restriction that may be imposed by applicable law), and any securities issued hereunder shall be registered to trade under the Exchange Act, and shall have been registered under the Securities Act of 1933, as amended (the “Securities Act”).
Appears in 1 contract
Samples: Performance Unit Award Agreement (Carbon Natural Gas Co)