NONQUALIFIED STOCK OPTION AGREEMENTNonqualified Stock Option Agreement • March 9th, 2009 • Joy Global Inc • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
THIS AGREEMENT is entered into as of December 8, 2008, between Joy Global Inc. (the “Company”) and (the “Employee”). In consideration of the mutual promises and covenants made in this Agreement and the mutual benefits to be derived from this Agreement, the Company and the Employee agree as follows:
RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • March 9th, 2009 • Joy Global Inc • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
THIS AGREEMENT is entered into as of December 8, 2008, between Joy Global Inc. (the “Company”) and (the “Employee”). In consideration of the mutual promises and covenants made in this Agreement and the mutual benefits to be derived from this Agreement, the Company and the Employee agree as follows:
PERFORMANCE SHARE AGREEMENTPerformance Share Agreement • March 9th, 2009 • Joy Global Inc • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
WHEREAS, the Company maintains the Joy Global Inc. 2007 Stock Incentive Plan (as amended from time to time, the “Plan”), which is incorporated into and forms a part of this Agreement. Capitalized terms used and not otherwise defined in this Agreement have the meanings given to them in the Plan.
Re: Amendments to Restricted Stock Unit Award AgreementsRestricted Stock Unit Award Agreement • March 9th, 2009 • Joy Global Inc • Mining machinery & equip (no oil & gas field mach & equip)
As you know, Joy Global Inc. (the “Company”) granted to you awards of Restricted Stock Units on each of the following dates: January 21, 2004 (the “January 2004 RSUs”), November 15, 2004 (the “November 2004 RSUs”), November 14, 2005 (the “November 2005 RSUs”), November 13, 2006 (the “November 2006 RSUs”), and December 3, 2007 (the “December 2007 RSUs”) (collectively, the “RSUs”). The agreements evidencing each award of RSUs (the “RSU Agreements”) are hereby amended, as described below, to conform the Agreements to Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and to make clear that payment under each RSU Agreement is delayed to the extent necessary to ensure that the Company may deduct payment of RSUs under Section 162(m) of the Code.
Re: Amendments to Performance Share AgreementsPerformance Share Agreement • March 9th, 2009 • Joy Global Inc • Mining machinery & equip (no oil & gas field mach & equip)
As you know, Joy Global Inc. (the “Company”) granted to you awards of Performance Shares on each of the following dates: November 18, 2002; January 21, 2004;
