0001047469-11-002169 Sample Contracts

GLEACHER & COMPANY, INC.
2007 Incentive Compensation Plan Restricted Stock Units Agreement • March 15th, 2011 • Gleacher & Company, Inc. • Security brokers, dealers & flotation companies • Delaware

THIS RESTRICTED STOCK UNITS AGREEMENT (the “Agreement”) confirms the grant on February 15, 2011 (the “Grant Date”) by Gleacher & Company, Inc., a Delaware corporation (the “Company”), to Jeffrey Kugler (“Employee”) of Restricted Stock Units (the “Units”), including rights to Dividend Equivalents as specified herein, as follows:

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Form of Restricted Stock Agreement] RESTRICTED SHARE AWARD AGREEMENT pursuant to the GLEACHER & COMPANY, INC.
Restricted Share Award Agreement • March 15th, 2011 • Gleacher & Company, Inc. • Security brokers, dealers & flotation companies • New York

THIS AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Gleacher & Company, Inc., a Delaware corporation (the “Company”), and the Participant specified above, pursuant to the Gleacher & Company, Inc., 2003 Non-Employee Directors Stock Plan, as in effect and as amended from time to time (the “Plan”);

GLEACHER & COMPANY, INC.
2007 Incentive Compensation Plan Stock Option Agreement • March 15th, 2011 • Gleacher & Company, Inc. • Security brokers, dealers & flotation companies • Delaware

THIS STOCK OPTION AGREEMENT (the “Agreement”) confirms the grant on November 10, 2010 (the “Grant Date”) by Gleacher & Company, Inc., a Delaware corporation (the “Company”), to Peter McNierney (“Employee”) of non-qualified options (“Options”) to acquire shares of the Company’s common stock (“Shares”), as follows:

GLEACHER & COMPANY, INC.
2007 Incentive Compensation Plan Stock Option Agreement • March 15th, 2011 • Gleacher & Company, Inc. • Security brokers, dealers & flotation companies • Delaware

THIS STOCK OPTION AGREEMENT (the “Agreement”) confirms the grant on November 10, 2010 (the “Grant Date”) by Gleacher & Company, Inc., a Delaware corporation (the “Company”), to Peter McNierney (“Employee”) of non-qualified options (“Options”) to acquire shares of the Company’s common stock (“Shares”), as follows:

RESTRICTED SHARE AWARD AGREEMENT pursuant to the FIRST ALBANY COMPANIES INC. 1999 LONG-TERM INCENTIVE PLAN
Restricted Share Award Agreement • March 15th, 2011 • Gleacher & Company, Inc. • Security brokers, dealers & flotation companies • New York

THIS AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between First Albany Companies Inc., (the “Company”), and the Participant specified above, pursuant to the First Albany Companies Inc. 1999 Long-Term Incentive Plan as in effect and as amended from time to time (the “Plan”); and

PROPRIETARY ACCOUNT SUPPLEMENT TO FULLY DISCLOSED CLEARING AGREEMENT
Fully Disclosed Clearing Agreement • March 15th, 2011 • Gleacher & Company, Inc. • Security brokers, dealers & flotation companies

THIS PROPRIETARY ACCOUNT SUPPLEMENT to the Fully Disclosed Clearing Agreement (the “Agreement”) dated February 26, 2008 entered into by Pershing LLC (“Pershing”) and Broadpoint Capital, Inc., n/k/a Gleacher & Company Securities, Inc. (“Broker”) is made and entered into on this 12th day of November, 2010 by and between Pershing and Broker.

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