Vesting of Equity. With respect to any equity awards or grants made by Employer and/or any Employer Entity after the date of this Agreement and notwithstanding any provision to the contrary in any applicable plan, program or agreement, upon a termination of Employee's employment with Employer pursuant to any of the subparagraphs of Section 3.4 or Section 3.7, all stock options, restricted stock and other equity rights held by the Employee will become fully vested and/or exercisable, as the case may be, on the date on which such termination of employment occurs, and all stock options held by the Employee shall remain exercisable until the earlier to occur of: (i) the expiration date of the applicable option term or (ii) the two (2) year anniversary of Employee's termination date; provided, however, that the payment of performance-based awards will continue to be subject to the attainment of the performance goals as specified in the applicable plan or award agreement.
Appears in 2 contracts
Samples: Employment Agreement (Alpha Natural Resources, Inc.), Employment Agreement (Alpha Natural Resources, Inc.)
Vesting of Equity. With respect to any equity awards or grants made by Employer and/or any Employer Entity on or after the date of this Agreement Effective Date and notwithstanding any provision to the contrary in any applicable plan, program or agreement, upon a termination of Employee's employment with Employer pursuant to any of the subparagraphs of Section 3.4 or Section 3.7, all stock options, restricted stock and other equity rights held by the Employee will become fully vested and/or exercisable, as the case may be, on the date on which such termination of employment occurs, and all stock options held by the Employee shall remain exercisable until the earlier to occur of: (i) the expiration date of the applicable option term or (ii) the two (2) year anniversary of Employee's termination date; provided, however, that the payment of performance-based awards will continue to be subject to the attainment of the performance goals as specified in the applicable plan or award agreement.
Appears in 1 contract
Samples: Employment Agreement (Alpha Natural Resources, Inc.)
Vesting of Equity. With respect to any equity awards or grants made by Employer and/or any Employer Entity after the date of this Agreement and notwithstanding any provision to the contrary in any applicable plan, program or agreement, upon a termination of Employee's employment with Employer pursuant to any of the subparagraphs of Section 3.4 or Section 3.7, all stock options, restricted stock and other equity rights held by the Employee will become fully vested and/or exercisable, as the case may be, on the date on which such termination of employment occurs, and all stock options held by the Employee shall remain exercisable until the earlier to occur of: (i) the expiration date of the applicable option term or (ii) the two three (23) year anniversary of Employee's termination date; provided, however, that the payment of performance-based awards will continue to be subject to the attainment of the performance goals as specified in the applicable plan or award agreement.
Appears in 1 contract
Samples: Employment Agreement (Alpha Natural Resources, Inc.)