Vested Units. Except as provided by the Agreement and provided that the Participant’s Service has not terminated prior to the relevant date, the number of Vested Units (disregarding any resulting fractional Unit) as of any date is determined by multiplying the Number of Restricted Stock Units by the “Vested Ratio” determined as of such date as follows: January 1, 2010 — June 30, 2010 TBD 7,500 July 1, 2010 — December 31, 2010 TBD 7,500 January 1, 2011 — June 30, 2011 TBD 12,500 July 1, 2011 — December 31, 2011 TBD 12,500 January 1, 2012 — June 30, 2012 TBD 5,000 July 1, 2012 — December 31, 2012 TBD 5,000 Employment Agreement: That certain Executive Employment Agreement by and between the Company and the Participant, dated August 18, 2009. By their signatures below or by electronic acceptance or authentication in a form authorized by the Company, the Company and the Participant agree that the Award is governed by this Grant Notice and by the provisions of the Agreement attached to and made a part of this document. The Participant acknowledges receipt of the Agreement and the prospectus for this Award. The Participant further acknowledges that this Award has not been granted pursuant to the Company’s 2005 Performance Incentive Plan. The Participant represents that the Participant has read and is familiar with the provisions of the Agreement, and hereby accepts the Award subject to all of its terms and conditions. JDA SOFTWARE GROUP, INC. PARTICIPANT By: Signature Its: Date Address: 00000 X. 00xx Xxxxxx Xxxxxxxxxx, XX 00000 Address ATTACHMENTS: Restricted Stock Units Agreement and Award Prospectus JDA Software Group, Inc. (the “Company”) has granted to Xxxxx X. Xxxxxx (the “Participant”) an award of Performance Shares (the “Award”), each of which represents the right to receive on the applicable Settlement Date one (1) share of the Common Stock of the Company, upon the terms and conditions set forth in this Notice of Grant of Performance Shares (the “Grant Notice”) and the 2009 Performance Share Agreement attached hereto (the “Agreement”). Grant Date: August 18, 2009 Grant No.: Target Number of Performance Shares: 30,000, subject to adjustment as provided by the Agreement. Maximum Number of Performance Shares: 37,250, subject to adjustment as provided by the Agreement. Performance Period: Company fiscal year beginning January 1, 2009 and ending December 31, 2009. Initial Vesting Date: January 28, 2010, provided the Company’s Audit Committee has approved the Company’s Fiscal Year 2009 financial results. If the Audit Committee has not approved the 2009 financial results by January 28, 2010, then the Initial Vesting Date shall be the 28th day of the first month beginning after the date of such approval but in no event later than December 28, 2010.
Appears in 2 contracts
Samples: Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc)
Vested Units. Except as provided by in the Restricted Stock Units Agreement and provided that the Participant’s Service service has not terminated prior to the relevant dateapplicable Unit Vesting Date set forth below, the number percentage of the Total Number of Units which become Vested Units (disregarding any resulting fractional Unit) as of any date is determined by multiplying the Number of Restricted Stock Units by the “Vested Ratio” determined as of such date on each Unit Vesting Date Shall be as follows: January 1, 2010 — June 30, 2010 TBD 7,500 July 1, 2010 — December 31, 2010 TBD 7,500 January 1, 2011 — June 30, 2011 TBD 12,500 July 1, 2011 — December 31, 2011 TBD 12,500 January 1, 2012 — June 30, 2012 TBD 5,000 July 1, 2012 — December 31, 2012 TBD 5,000 Employment AgreementUnit Vesting Date Percentage of Total Number of Units Vesting: That certain Executive Employment Agreement by and between the Company and the Participant, dated August 18, 2009. [Insert vesting dates] [Insert vesting percentages] By their signatures below or by electronic acceptance or authentication in a form authorized by the Companybelow, the Company and the Participant agree that the Award is governed by this Grant Notice and by the provisions of the Agreement attached to Plan and the Agreement, both of which are made a part of this document. The Participant acknowledges receipt of a copy of the Plan, the Agreement and the prospectus for this Award. The Participant further acknowledges that this Award has not been granted pursuant to the Company’s 2005 Performance Incentive Plan. The Participant , represents that the Participant has read and is familiar with the provisions of the Plan and the Agreement, and hereby accepts the Award subject to all of its their terms and conditions. JDA SOFTWARE GROUP, LULULEMON ATHLETICA INC. PARTICIPANT By: Signature Its: Date ______________ Xxxx X. Xxxxxx Address: 00000 X. 00xx 0000 Xxxxxxxx Xxxxxx XxxxxxxxxxVancouver, XX 00000 Address British Columbia Canada, V6J 1C7 ATTACHMENTS: Restricted Stock Units Agreement and Award Prospectus JDA Software Group, Inc. lululemon athletica inc. has granted to the Participant named in the Notice of Grant of Restricted Stock Units (the “CompanyGrant Notice”) has granted to Xxxxx X. Xxxxxx which this Restricted Stock Units Agreement (the “ParticipantAgreement”) is attached an award Award consisting of Performance Shares (the “Award”), each of which represents the right Restricted Stock Units subject to receive on the applicable Settlement Date one (1) share of the Common Stock of the Company, upon the terms and conditions set forth in the Grant Notice and this Notice of Grant of Performance Shares Agreement. The Award has been granted pursuant to the lululemon athletica inc. 2007 Equity Incentive Plan (the “Plan”), as amended to the Grant Date, the provisions of which are incorporated herein by reference. By signing the Grant Notice”, the Participant: (a) acknowledges receipt of and represents that the 2009 Performance Share Agreement attached hereto Participant has read and is familiar with the Grant Notice, this Agreement, the Plan, and a prospectus for the Plan (the “AgreementPlan Prospectus”). Grant Date: August 18) in the form most recently prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Plan, 2009 Grant No.: Target Number of Performance Shares: 30,000, (b) accepts the Award subject to adjustment as provided by the Agreement. Maximum Number of Performance Shares: 37,250, subject to adjustment as provided by the Agreement. Performance Period: Company fiscal year beginning January 1, 2009 and ending December 31, 2009. Initial Vesting Date: January 28, 2010, provided the Company’s Audit Committee has approved the Company’s Fiscal Year 2009 financial results. If the Audit Committee has not approved the 2009 financial results by January 28, 2010, then the Initial Vesting Date shall be the 28th day all of the first month beginning after terms and conditions of the date Grant Notice, this Agreement and the Plan, and (c) agrees to accept as binding, conclusive and final all decisions or interpretations of such approval but the Board upon any questions arising under the Grant Notice, this Agreement or the Plan. The Participant also acknowledges and agrees that the purpose of this grant of Restricted Stock Units is to compensate the Participant in no event later than December 28exchange for contributions made while actively at work. Accordingly, 2010vesting will be deferred for periods of leave in accordance with Section 4.2 below.
Appears in 2 contracts
Samples: Restricted Stock Units Agreement (Lululemon Athletica Inc.), Restricted Stock Units Agreement (Lululemon Athletica Inc.)
Vested Units. Except as provided by in the Restricted Stock Units Agreement or a separate written employment or other agreement between a Participating Company and the Participant and provided that the Participant’s Service has not terminated prior to the relevant dateapplicable Unit Vesting Date set forth below, the number percentage of the Total Number of Units which become Vested Units (disregarding any resulting fractional Unit) as of any date is determined by multiplying the Number of Restricted Stock Units by the “Vested Ratio” determined as of such date on each Unit Vesting Date Shall be as follows: January 1, 2010 — June 30, 2010 TBD 7,500 July 1, 2010 — December 31, 2010 TBD 7,500 January 1, 2011 — June 30, 2011 TBD 12,500 July 1, 2011 — December 31, 2011 TBD 12,500 January 1, 2012 — June 30, 2012 TBD 5,000 July 1, 2012 — December 31, 2012 TBD 5,000 Employment AgreementUnit Vesting Date Percentage of Total Number of Units Vesting: That certain Executive Employment Agreement by and between the Company and the Participant, dated August 18, 2009. [Insert vesting dates] [Insert vesting percentages] By their signatures below or by electronic acceptance or authentication in a form authorized by the Companybelow, the Company and the Participant agree that the Award is governed by this Grant Notice and by the provisions of the Agreement attached to Plan and the Agreement, both of which are made a part of this document. The Participant acknowledges receipt of a copy of the Plan, the Agreement and the prospectus for this Award. The Participant further acknowledges that this Award has not been granted pursuant to the Company’s 2005 Performance Incentive Plan. The Participant , represents that the Participant has read and is familiar with the provisions of the Plan and the Agreement, and hereby accepts the Award subject to all of its their terms and conditions. JDA SOFTWARE GROUP, LULULEMON ATHLETICA INC. PARTICIPANT By: Signature Its: Date __________________ __________________ Address: 00000 X. 00xx 0000 Xxxxxxxx Xxxxxx XxxxxxxxxxVancouver, XX 00000 Address ATTACHMENTSBritish Columbia Canada, V6J 1C7 Attachment: Restricted Stock Units Agreement and Award Prospectus JDA Software Group, Inc. lululemon athletica inc. has granted to the Participant named in the Notice of Grant of Restricted Stock Units (the “CompanyGrant Notice”) has granted to Xxxxx X. Xxxxxx which this Restricted Stock Units Agreement (the “ParticipantAgreement”) is attached an award Award consisting of Performance Shares (the “Award”), each of which represents the right Restricted Stock Units subject to receive on the applicable Settlement Date one (1) share of the Common Stock of the Company, upon the terms and conditions set forth in the Grant Notice and this Notice of Grant of Performance Shares Agreement. The Award has been granted pursuant to the lululemon athletica inc. 2014 Equity Incentive Plan (the “Plan”), as amended to the Grant Date, the provisions of which are incorporated herein by reference. By signing the Grant Notice”, the Participant: (a) acknowledges receipt of and represents that the 2009 Performance Share Agreement attached hereto Participant has read and is familiar with the Grant Notice, this Agreement, the Plan, and a prospectus for the Plan (the “AgreementPlan Prospectus”). Grant Date: August 18) in the form most recently prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Plan, 2009 Grant No.: Target Number of Performance Shares: 30,000, (b) accepts the Award subject to adjustment as provided by the Agreement. Maximum Number of Performance Shares: 37,250, subject to adjustment as provided by the Agreement. Performance Period: Company fiscal year beginning January 1, 2009 and ending December 31, 2009. Initial Vesting Date: January 28, 2010, provided the Company’s Audit Committee has approved the Company’s Fiscal Year 2009 financial results. If the Audit Committee has not approved the 2009 financial results by January 28, 2010, then the Initial Vesting Date shall be the 28th day all of the first month beginning after terms and conditions of the date Grant Notice, this Agreement and the Plan, and (c) agrees to accept as binding, conclusive and final all decisions or interpretations of such approval but in no event later than December 28the Committee upon any questions arising under the Grant Notice, 2010this Agreement or the Plan.
Appears in 2 contracts
Samples: Restricted Stock Units Agreement (Lululemon Athletica Inc.), Restricted Stock Units Agreement (Lululemon Athletica Inc.)
Vested Units. Except as provided by in the Restricted Stock Units Agreement or a separate written employment or other agreement between a Participating Company and the Participant and provided that the Participant’s Service has not terminated prior to the relevant dateapplicable Unit Vesting Date set forth below, the number percentage of the Total Number of Units which become Vested Units (disregarding any resulting fractional Unit) as of any date is determined by multiplying the Number of Restricted Stock Units by the “Vested Ratio” determined as of such date on each Unit Vesting Date Shall be as follows: January 1, 2010 — June 30, 2010 TBD 7,500 July 1, 2010 — December 31, 2010 TBD 7,500 January 1, 2011 — June 30, 2011 TBD 12,500 July 1, 2011 — December 31, 2011 TBD 12,500 January 1, 2012 — June 30, 2012 TBD 5,000 July 1, 2012 — December 31, 2012 TBD 5,000 Employment AgreementUnit Vesting Date Percentage of Total Number of Units Vesting: That certain Executive Employment Agreement by and between the Company and the Participant, dated August 18, 2009. [Insert vesting dates] [Insert vesting percentages] By their signatures below or by electronic acceptance or authentication in a form authorized by the Companybelow, the Company and the Participant agree that the Award is governed by this Grant Notice and by the provisions of the Agreement attached to Plan and the Agreement, both of which are made a part of this document. The Participant acknowledges receipt of a copy of the Plan, the Agreement and the prospectus for this Award. The Participant further acknowledges that this Award has not been granted pursuant to the Company’s 2005 Performance Incentive Plan. The Participant , represents that the Participant has read and is familiar with the provisions of the Plan and the Agreement, and hereby accepts the Award subject to all of its their terms and conditions. JDA SOFTWARE GROUP, LULULEMON ATHLETICA INC. PARTICIPANT By: Signature Its: Date __________________ __________________ Address: 00000 X. 00xx 0000 Xxxxxxxx Xxxxxx XxxxxxxxxxVancouver, XX 00000 Address ATTACHMENTSBritish Columbia Canada, V6J 1C7 Attachment: Restricted Stock Units Agreement and Award Prospectus JDA Software Group, Inc. lululemon athletica inc. has granted to the Participant named in the Notice of Grant of Restricted Stock Units (the “CompanyGrant Notice”) has granted to Xxxxx X. Xxxxxx which this Restricted Stock Units Agreement (the “ParticipantAgreement”) is attached an award Award consisting of Performance Shares (the “Award”), each of which represents the right Restricted Stock Units subject to receive on the applicable Settlement Date one (1) share of the Common Stock of the Company, upon the terms and conditions set forth in the Grant Notice and this Notice of Grant of Performance Shares Agreement. The Award has been granted pursuant to the lululemon athletica inc. 2014 Equity Incentive Plan (the “Plan”), as amended to the Grant Date, the provisions of which are incorporated herein by reference. By signing the Grant Notice”, the Participant: (a) acknowledges receipt of and represents that the 2009 Performance Share Agreement attached hereto Participant has read and is familiar with the Grant Notice, this Agreement, the Plan, and a prospectus for the Plan (the “AgreementPlan Prospectus”). Grant Date: August 18) in the form most recently prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Plan, 2009 Grant No.: Target Number of Performance Shares: 30,000, (b) accepts the Award subject to adjustment as provided by the Agreement. Maximum Number of Performance Shares: 37,250, subject to adjustment as provided by the Agreement. Performance Period: Company fiscal year beginning January 1, 2009 and ending December 31, 2009. Initial Vesting Date: January 28, 2010, provided the Company’s Audit Committee has approved the Company’s Fiscal Year 2009 financial results. If the Audit Committee has not approved the 2009 financial results by January 28, 2010, then the Initial Vesting Date shall be the 28th day all of the first month beginning after terms and conditions of the date Grant Notice, this Agreement and the Plan, and (c) agrees to accept as binding, conclusive and final all decisions or interpretations of such approval but the Committee upon any questions arising under the Grant Notice, this Agreement or the Plan. The Participant also acknowledges and agrees that the purpose of this grant of Restricted Stock Units is to compensate the Participant in no event later than December 28exchange for contributions made while actively at work. Accordingly, 2010vesting will be deferred for periods of leave in accordance with Section 4.2 below.
Appears in 2 contracts
Samples: Restricted Stock Units Agreement (Lululemon Athletica Inc.), Restricted Stock Units Agreement (Lululemon Athletica Inc.)
Vested Units. Except as provided by in the Restricted Stock Units Agreement or a separate written employment or other agreement between a Participating Company and the Participant and provided that the Participant’s Service has not terminated prior to the relevant dateapplicable Unit Vesting Date set forth below, the number percentage of the Total Number of Units which become Vested Units (disregarding any resulting fractional Unit) as of any date is determined by multiplying the Number of Restricted Stock Units by the “Vested Ratio” determined as of such date on each Unit Vesting Date Shall be as follows: January 1, 2010 — June 30, 2010 TBD 7,500 July 1, 2010 — December 31, 2010 TBD 7,500 January 1, 2011 — June 30, 2011 TBD 12,500 July 1, 2011 — December 31, 2011 TBD 12,500 January 1, 2012 — June 30, 2012 TBD 5,000 July 1, 2012 — December 31, 2012 TBD 5,000 Employment AgreementUnit Vesting Date Percentage of Total Number of Units Vesting: That certain Executive Employment Agreement by and between [Insert vesting dates] [Insert vesting percentages] Clawback: The Company may require the Participant to deliver or otherwise repay to the Company all or any portion of the Award (whether vested or unvested) and any shares of Stock or other amount of property that may be issued, delivered or paid in respect of the ParticipantAward, dated August 18as well as any consideration that may be received in respect of a sale or other disposition of any such shares of Stock or property, 2009in accordance with (1) any applicable securities, tax or stock exchange laws, rules or regulations relating to the recoupment or clawback of incentive compensation, as in effect at any time; or (2) the Company’s Policy for Recovery of Incentive-Based Compensation, as approved by the Committee and in effect on the Grant Date, or such other policy for clawback or recoupment of incentive compensation as may subsequently be approved at any time by the Committee. By their signatures below or by electronic acceptance or authentication in a form authorized by the Companybelow, the Company and the Participant agree that the Award is governed by this Grant Notice and by the provisions of the Agreement attached to Plan and the Agreement, both of which are made a part of this document. The Participant acknowledges the conditions of this Award and recognizes that the terms of the Plan and the Agreement contain provisions which may result in the termination, expiration or forfeiture of the Award, including, without limitation, with respect to the treatment of the Award and the Participant’s rights in respect thereof upon the cessation of the Participant’s Service as described in sections 4 and 7 of the Agreement and 6 and 14 of the Plan.The Participant acknowledges receipt of a copy of the Plan, the Agreement and the prospectus for this Award. The Participant further acknowledges that this Award has not been granted pursuant to the Company’s 2005 Performance Incentive Plan. The Participant , represents that the Participant has read and is familiar with the provisions of the Plan and the Agreement, and hereby accepts the Award subject to all of its their terms and conditions. JDA SOFTWARE GROUPThe Participant understands and acknowledges that the purpose of the Award, the Plan and the Agreement is to provide incentives to attract, retain and motivate eligible persons whose present and potential contributions are important to the success of the Company, its Parent and Subsidiaries by offering them an opportunity to participate in the Company’s future performance through awards of Restricted stock units (RSUs). By: ________________ ________________ LULULEMON ATHLETICA INC. PARTICIPANT By: Signature Its: Date Address: 00000 X. 00xx 0000 Xxxxxxxx Xxxxxx XxxxxxxxxxVancouver, XX 00000 Address ATTACHMENTSBritish Columbia Canada, V6J 1C7 ATTACHMENT: Restricted Stock Units Agreement and Award Prospectus JDA Software Group, Inc. lululemon athletica inc. has granted to the Participant named in the Notice of Grant of Restricted Stock Units (the “CompanyGrant Notice”) has granted to Xxxxx X. Xxxxxx which this Restricted Stock Units Agreement (the “ParticipantAgreement”) is attached an award Award consisting of Performance Shares (the “Award”), each of which represents the right Restricted Stock Units subject to receive on the applicable Settlement Date one (1) share of the Common Stock of the Company, upon the terms and conditions set forth in the Grant Notice and this Notice of Grant of Performance Shares Agreement. The Award has been granted pursuant to the lululemon athletica inc. 2014 Equity Incentive Plan (the “Plan”), as amended to the Grant Date, the provisions of which are incorporated herein by reference. By signing the Grant Notice”, the Participant: (a) acknowledges receipt of and represents that the 2009 Performance Share Agreement attached hereto Participant has read and is familiar with the Grant Notice, this Agreement, the Plan, and a prospectus for the Plan (the “AgreementPlan Prospectus”). Grant Date: August 18) in the form most recently prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Plan, 2009 Grant No.: Target Number of Performance Shares: 30,000, (b) accepts the Award subject to adjustment as provided by the Agreement. Maximum Number of Performance Shares: 37,250, subject to adjustment as provided by the Agreement. Performance Period: Company fiscal year beginning January 1, 2009 and ending December 31, 2009. Initial Vesting Date: January 28, 2010, provided the Company’s Audit Committee has approved the Company’s Fiscal Year 2009 financial results. If the Audit Committee has not approved the 2009 financial results by January 28, 2010, then the Initial Vesting Date shall be the 28th day all of the first month beginning after terms and conditions of the date Grant Notice, this Agreement and the Plan, and (c) agrees to accept as binding, conclusive and final all decisions or interpretations of such approval but in no event later than December 28the Committee upon any questions arising under the Grant Notice, 2010this Agreement or the Plan.1.
Appears in 1 contract
Samples: Restricted Stock Units Agreement (Lululemon Athletica Inc.)