Exhibit (a)(10)
Screenshot of Agreement to Terms of Election (screenshots 1-3)
| EMAIL xxxxxxxxxxxx@xxxxxxxxx.xxx |
| Agreement to Terms of Election |
| 1. As soon as practicable after the Amendment Date, Apollo Group will return to
me a final and |
| completed Stock Option Amendment and Special Bonus Agreement in which there is
indicated |
| the Adjusted Exercise Price for each Amended Option and the dollar amount of the
Cash Bonus |
| to which I will be entitled with respect to that option. Should an Eligible Option
I tender for |
| amendment have an exercise price per share at or above the closing price per share
of Apollo |
| Group Class A common stock on the Amendment Date, that option will be canceled on
that date |
| and immediately replaced with a New Option that is exactly the same as the canceled
option, |
| including the same exercise price per share and no loss of vesting or change to the
expiration |
| date, but with a new grant date. An Option Cancellation and Regrant Agreement for
the New |
| Option will be delivered to me as soon as administratively practicable following
the Amendment |
| 2. If I cease to remain employed by Apollo Group or any affiliated entity after I
tender my Eligible Options but before Apollo Group accepts those options for
amendment or replacement, my Eligible Options will not be amended or replaced, and
I will not become entitled to any Cash Bonus. |
| 3. Until the Expiration Date, I will have the right to change my election with
respect to my Eligible Options. However, after that date I will have no further
right to change my election with respect to my Eligible Options, unless Apollo
Group does not accept my tendered Eligible Options before August 9, 2007, the 40th
business day after commencement of the Offer. In that event, I may revoke my
elections with respect to my tendered Eligible Options at anytime prior to Apollo
Group’s acceptance of those options for amendment or replacement pursuant to the
Offer. |
| 4. The tender of my Eligible Options pursuant to the procedure described in Section
4 of the Offer |
| and the instructions to this Election Form will constitute my acceptance of
all of the terms and |
| conditions of the Offer. Apollo Group’s acceptance of my tendered Eligible Options
for |
| amendment or replacement pursuant to the Offer will constitute a binding agreement
between |
| Apollo Group and me in accordance with the terms and subject to the conditions of
the Offer. |
| 5. I am the registered holder of the Eligible Options tendered hereby, and my
name, employee |
| identification number and other information appearing on the cover page of this Election Form are
true and correct. |
| 6. I am not required to tender my Eligible Options pursuant to the Offer. However,
if I do not tender such options or if those options are not otherwise amended or
replaced pursuant to the Offer, then I must take other action on my own with
respect to those options in order to bring those options into compliance with
Section 409 A of the Internal Revenue Code and thereby avoid adverse tax
consequences. |
| 7. Apollo Group cannot give me legal, tax or investment advice with respect to the
Offer and has advised me to consult with my own legal, tax and investment advisor
as to the consequences of participating or not participating in the Offer. |
| 8. Under certain circumstances set forth in the Offer document, Apollo Group may
terminate or amend the Offer and postpone its acceptance and amendment or
replacement of the tendered Eligible Options. In the event the Eligible Options
tendered herewith are not accepted for amendment or replacement, those options will
be returned to me promptly following the expiration or termination of the Offer. |
| 9. I understand that neither Apollo Group nor Apollo Group ‘s Board of Directors is
making any |
| recommendation as to whether I should tender my Eligible Options for amendment or |
| replacement, and that I must make my own decision whether to tender my Eligible
Options, taking |
| into account my own personal circumstances and preferences. I understand that the
Amended |
| Options resulting from the amendment of my tendered Eligible Options may decline in
value and |
| may be “out of the money” when I decide to exercise those options. I further
understand that past |
| and current market prices of Apollo Group Class A common stock may provide little
or no basis |
| for predicting what the market price of Apollo Group Class A common stock will be
when Apollo |
| Group amends or replaces my tendered option or at any other time in the future. |
| 10. I hereby acknowledge that I have read the documents related to the Offer listed below: |
| 1. Offer To Amend or Replace Eligible Options
2. Instructions to this Election Form
3. Stock Option Amendment and Special Bonus Agreement
4. Option Cancellation and Reqrant Agreement |
| 11.1 hereby elect to participate in the Offer with respect to my Eligible Options
as previously identified, and I hereby tender such Eligible Options for amendment
or replacement in accordance with the Offer to Amend or Replace Eligible Options. I
agree that the options identified are the Eligible Options I hold. I agree and
understand that each of the Eligible Options which I have tendered pursuant to the
Offer will be amended or replaced, unless I submit a new, properly completed
Election Form prior to the expiration of the Offer. |
| 12. I further understand that I will receive an Election Confirmation Statement via email
at mv |
| with the Offer to Amend or Replace Eligible Options. I agree that
the options identified are the Eligible Options I hold. I agree
and understand that each of the Eligible Options which I have
tendered pursuant to the Offer will be amended or replaced, unless
I submit a new, properly completed Election Form prior to the
expiration of the Offer. |
| 12. I further understand that I will receive an Election
Confirmation Statement via email at my Apollo Group email address
listed below within one business day after the submission of my
Election Form on the Offer website. If I have not received an
Election Confirmation Statement in the timeframe prescribed, I
agree that it is my responsibility to confirm that Apollo Group
has received my complete submission by emailing to
xxxxxxxxxxxx@xxxxxxxxx.xxx a copy of the Confirmation
Statement that I will have printed from this Offer website at the
time I submit my Election Form online. |
| 13. I acknowledge that the Offer and the other documents and
communications regarding the Offer are being delivered to me
electronically. Such means of electronic delivery may include, but
does not necessarily include, the delivery of a link to a Apollo
Group intranet site, the delivery of a document via email or such
other means of delivery specified by Apollo Group. By executing
this Election Form, I acknowledge that I have read this provision
and consent to the electronic delivery of the documents. I
acknowledge that I may receive from Apollo Group a paper copy of
any documents delivered electronically at no cost to me by
contacting Apollo Group by telephone or in writing using the
contact information on the Instructions to this Election
Form. I further acknowledge that I will be provided with a paper
copy of any documents if the attempted electronic delivery of such
documents fails or I do not otherwise have access to the Offer
website. Similarly, I understand that I must provide Apollo Group
with a paper copy of any documents if my attempted delivery of
such documents electronically fails or I do not otherwise have
access to the Offer website. |
| 14. My electronic signature is required in order to participate in
this Offer. By clicking on the I AGREE button below I am agreeing
to the terms of the Election Form and to the use of an electronic
signature which will make my election a binding agreement between
Apollo Group and me in accordance with the terms and conditions of
the Offer. |
| Email Address:XXXXXX@X0X-XXXX.XXX
Employee ID number: 123 |
