NON-QUALIFIED STOCK OPTION AGREEMENT FOR COMPANY EMPLOYEES UNDER THE JAVO BEVERAGE COMPANY, INC.Non-Qualified Stock Option Agreement • May 1st, 2007 • Javo Beverage Co Inc • Beverages
Pursuant to the Javo Beverage Company, Inc. 2007 Stock Option and Incentive Plan as amended through the date hereof (the “Plan”), Javo Beverage Company, Inc. (the “Company”) hereby grants to the Optionee named above an option (the “Stock Option”) to purchase on or prior to the Expiration Date specified above all or part of the number of shares of Common Stock, par value $0.001 per share (the “Stock”) of the Company specified above at the Option Exercise Price per Share specified above subject to the terms and conditions set forth herein and in the Plan. This Stock Option is not intended to be an “incentive stock option” under Section 422 of the Internal Revenue Code of 1986, as amended.
NON-QUALIFIED STOCK OPTION AGREEMENT FOR NON-EMPLOYEE DIRECTORS UNDER THE JAVO BEVERAGE COMPANY, INC.Non-Qualified Stock Option Agreement • May 1st, 2007 • Javo Beverage Co Inc • Beverages
Pursuant to the Javo Beverage Company, Inc. 2007 Stock Option and Incentive Plan as amended through the date hereof (the “Plan”), Javo Beverage Company, Inc. (the “Company”) hereby grants to the Optionee named above, who is a Director of the Company but is not an employee of the Company, an option (the “Stock Option”) to purchase on or prior to the Expiration Date specified above all or part of the number of shares of Common Stock, par value $0.001 per share (the “Stock”), of the Company specified above at the Option Exercise Price per Share specified above subject to the terms and conditions set forth herein and in the Plan. This Stock Option is not intended to be an “incentive stock option” under Section 422 of the Internal Revenue Code of 1986, as amended.
PERFORMANCE SHARE AWARD AGREEMENT UNDER THE JAVO BEVERAGE COMPANY, INC.Performance Share Award Agreement • May 1st, 2007 • Javo Beverage Co Inc • Beverages
Pursuant to the Javo Beverage Company, Inc. 2007 Stock Option and Incentive Plan (the “Plan”), Javo Beverage Company, Inc. (the “Company”) hereby agrees to award to the Grantee named above shares of common stock of the Company (“Stock”), the final number of which shall be determined pursuant to, and subject to the attainment of performance goals set forth in Exhibit A (the “Performance Goals” and such shares of Stock shall be the “Performance Shares”). The Performance Shares are granted pursuant to, and are subject to the restrictions and conditions set forth herein and in the Plan.
RESTRICTED STOCK AWARD AGREEMENT UNDER THE JAVO BEVERAGE COMPANY, INC.Restricted Stock Award Agreement • May 1st, 2007 • Javo Beverage Co Inc • Beverages
Pursuant to the Javo Beverage Company, Inc. 2007 Stock Option and Incentive Plan (the “Plan”) as amended through the date hereof, Javo Beverage Company, Inc. (the “Company”) hereby grants a Restricted Stock Award (an “Award”) to the Grantee named above. Upon acceptance of this Award, the Grantee shall receive the number of shares of Common Stock, par value $0.001 per share (the “Stock”) of the Company specified above, subject to the restrictions and conditions set forth herein and in the Plan. The Company acknowledges the receipt from the Grantee of consideration with respect to the par value of the Stock in the form of cash, past or future services rendered to the Company by the Grantee or such other form of consideration as is acceptable to the Administrator.
