Common use of Vesting; Term of Award Clause in Contracts

Vesting; Term of Award. Except as otherwise provided in this Agreement, the Award shall vest as follows: (a) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 2012, subject to rounding down the Award to the nearest whole Share as of the vesting date; (b) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 2013, subject to rounding down the Award to the nearest whole Share as of the vesting date; and (c) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 2014, subject to rounding down the Award to the nearest whole Share as of the vesting date. The Award shall expire May 15, 2018 (the “Expiration Date”), whether or not the Award (or any portion thereof) has been exercised, unless sooner terminated as provided in Section 4 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, if the Award expires outside of a Trading Window, then the expiration of the term of the Award shall be the later of: (i) the date the Award would have expired by its original terms (including the terms set forth in Section 4 of this Agreement), or (ii) the end of the tenth trading day of the immediately succeeding Trading Window during which the Company would allow the Grantee to trade in its securities; provided, however, that in no event shall the Award expire beyond the tenth anniversary of the Date of Grant.

Appears in 1 contract

Samples: Nonqualified Stock Option Award Agreement (Tim Hortons Inc.)

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Vesting; Term of Award. Except as otherwise provided in this Agreement, the Award shall vest as follows: (a) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20122014, subject to rounding down the Award to the nearest whole Share as of the vesting date; (b) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20132015, subject to rounding down the Award to the nearest whole Share as of the vesting date; and (c) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20142016, subject to rounding down the Award to the nearest whole Share as of the vesting date. The Award shall expire May 15, 2018 2020 (the “Expiration Date”), whether or not the Award (or any portion thereof) has been exercised, unless sooner terminated as provided in Section 4 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, if the Award expires outside of a Trading Window, then the expiration of the term of the Award Expiration Date shall be the later of: (i) the date the Award would have expired by its original terms (including the terms set forth in Section 4 of this Agreement), or (ii) the end of the tenth trading day of the immediately succeeding Trading Window during which the Company would allow the Grantee to trade in its securities; provided, however, that in no event shall the Award expire beyond the tenth anniversary of the Date of Grant.

Appears in 1 contract

Samples: Nonqualified Stock Option Award Agreement (Tim Hortons Inc.)

Vesting; Term of Award. Except as otherwise provided in this Agreement, the Award shall vest as follows: (a) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20122011, subject to rounding down the Award to the nearest whole Share as of the vesting date; (b) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20132012, subject to rounding down the Award to the nearest whole Share as of the vesting date; and (c) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20142013, subject to rounding down the Award to the nearest whole Share as of the vesting date. The Award shall expire May 15, 2018 2017 (the “Expiration Date”), whether or not the Award (or any portion thereof) has been exercised, unless sooner terminated as provided in Section 4 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, if the Award expires outside of a Trading Window, then the expiration of the term of the Award shall be the later of: (i) the date the Award would have expired by its original terms (including the terms set forth in Section 4 of this Agreement), or (ii) the end of the tenth trading day of the immediately succeeding Trading Window during which the Company would allow the Grantee to trade in its securities; provided, however, that in no event shall the Award expire beyond the tenth anniversary of the Date of Grant.

Appears in 1 contract

Samples: Nonqualified Stock Option Award Agreement (Tim Hortons Inc.)

Vesting; Term of Award. Except as otherwise provided in this Agreement, the Award shall vest as follows: (a) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 201220 , subject to rounding down the Award to the nearest whole Share as of the vesting date; (b) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 201320 , subject to rounding down the Award to the nearest whole Share as of the vesting date; and (c) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 201420 , subject to rounding down the Award to the nearest whole Share as of the vesting date. The Award shall expire May 15, 2018 seven (7) years after the Date of Grant (the “Expiration Date”), whether or not the Award (or any portion thereof) has been exercised, unless sooner terminated as provided in Section 4 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, if the Award expires outside of a Trading Window, then the expiration of the term of the Award shall be the later of: of (i) the date the Award would have expired by its original terms (including the terms set forth in Section 4 of this Agreement), ) or (ii) the end of the tenth trading day of the immediately succeeding Trading Window during which the Company would allow the Grantee to trade in its securities; provided, however, that in no event shall the Award expire beyond the tenth anniversary of the Date of Grant.

Appears in 1 contract

Samples: Nonqualified Stock Option Award Agreement (Tim Hortons Inc.)

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Vesting; Term of Award. Except as otherwise provided in this Agreement, the Award shall vest as follows: (a) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20122013, subject to rounding down the Award to the nearest whole Share as of the vesting date; (b) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20132014, subject to rounding down the Award to the nearest whole Share as of the vesting date; and (c) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20142015, subject to rounding down the Award to the nearest whole Share as of the vesting date. The Award shall expire May 15, 2018 2019 (the “Expiration Date”), whether or not the Award (or any portion thereof) has been exercised, unless sooner terminated as provided in Section 4 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, if the Award expires outside of a Trading Window, then the expiration of the term of the Award shall be the later of: (i) the date the Award would have expired by its original terms (including the terms set forth in Section 4 of this Agreement), or (ii) the end of the tenth trading day of the immediately succeeding Trading Window during which the Company would allow the Grantee to trade in its securities; provided, however, that in no event shall the Award expire beyond the tenth anniversary of the Date of Grant.

Appears in 1 contract

Samples: Nonqualified Stock Option Award Agreement (Tim Hortons Inc.)

Vesting; Term of Award. Except as otherwise provided in this Agreement, the Award shall vest as follows: (a) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20122010, subject to rounding down the Award to the nearest whole Share as of the vesting date; (b) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20132011, subject to rounding down the Award to the nearest whole Share as of the vesting date; and (c) One-third (1/3) of the total Shares covered by the Award shall vest on May 15, 20142012, subject to rounding down the Award to the nearest whole Share as of the vesting date. The Award shall expire May 15, 2018 seven (7) years after the Date of Grant (the “Expiration Date”), whether or not the Award (or any portion thereof) has been exercised, unless sooner terminated as provided in Section 4 of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, if the Award expires outside of a Trading Window, then the expiration of the term of the Award shall be the later of: (i) the date the Award would have expired by its original terms (including the terms set forth in Section 4 of this Agreement), or (ii) the end of the tenth trading day of the immediately succeeding Trading Window during which the Company would allow the Grantee to trade in its securities; provided, however, that in no event shall the Award expire beyond the tenth anniversary of the Date of GrantXxxxx.

Appears in 1 contract

Samples: Nonqualified Stock Option Award Agreement (Tim Hortons Inc.)

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