SMART BALANCE, INC. CHANGE OF CONTROL AGREEMENTChange of Control Agreement • November 6th, 2008 • Smart Balance, Inc. • Food and kindred products • New Jersey
This Agreement (the “Agreement”) is made and entered into as of SAMPLE (the “Effective Date”) by and between Smart Balance, Inc., a Delaware corporation (the “Company”), and SAMPLE (“Employee”).
SMART BALANCE, INC. STOCK AND AWARDS PLAN AMENDED STOCK OPTION AGREEMENTStock Option Agreement • November 6th, 2008 • Smart Balance, Inc. • Food and kindred products • Delaware
Smart Balance, Inc. (the “Company”) previously granted you a stock option award (“Prior Award”), effective «Grant_Date» (the “Grant Date”) under the terms of the Smart Balance, Inc. Stock and Awards Plan (the “Prior Plan”). The Prior Plan was amended and restated effective August 7, 2008 in the form of the Amended and Restated Smart Balance, Inc. Stock and Awards Plan (“Plan”), which is incorporated into this Agreement by reference. The Award evidenced by this Agreement (the “Option”) amends, restates, and supersedes the Prior Award in all respects in order to bring the Prior Award into compliance with Section 409A of the Internal Revenue Code. It is the intent of the parties that this Option shall not be treated as the grant of a new Award or result in the addition of a deferral feature to the Prior Award for purposes of Section 409A of the Code and Treas. Reg. §§1.409A-1(b)(5)(v), but rather is intended as and shall be construed as an amendment to the Prior Award that does not provid
