Xxxx Xxxx Awards. Effective on consummation of the IPO, any Xxxx Xxxx Awards held by WhiteWave Employees that are related to the service to be performed, in whole or in part, after 2012 (a (“Pro-Rated Xxxx Xxxx Award”) shall be cancelled, subject to payment, on a pro-rated basis, of the portion of such Xxxx Xxxx Award related to service performed through the end of 2012. Any Xxxx Xxxx Awards that are payable based solely upon service through the end of 2012 (a “2012 Xxxx Xxxx Award”) shall be made in accordance with its terms, treating employment with WhiteWave as though it were employment with the Xxxx Foods Group. Notwithstanding anything else in this Agreement to the contrary, the appropriate member of the Xxxx Foods Group shall be responsible for the payment of any portion of any such Pro-Rated Xxxx Xxxx Award or 2012 Xxxx Xxxx Award payable to any Transferred Employee (or Delayed Transfer Employee) related to service performed in 2012 through the date the IPO is consummated (or, if applicable, the Transfer Date), with the remainder of such award being the responsibility of the member of the WhiteWave Group that employees such person.
Appears in 4 contracts
Samples: Employee Matters Agreement (Dean Foods Co), Employee Matters Agreement (WHITEWAVE FOODS Co), Employee Matters Agreement (WHITEWAVE FOODS Co)
