CISCO SYSTEMS, INC. RESTRICTED STOCK UNIT ASSUMPTION AGREEMENTRestricted Stock Unit Assumption Agreement • June 3rd, 2011 • Cisco Systems Inc • Computer communications equipment
As you know, on April 14, 2011 (the “Closing Date”) Cisco Systems, Inc. (“Cisco”) acquired newScale, Inc. (“newScale”), (the “Acquisition”) pursuant to the Agreement and Plan of Merger by and among Cisco, NS Merger Corp., newScale and the Shareholders’ Agent dated as of March 27, 2011 (the “Merger Agreement”). On the Closing Date you held one or more outstanding restricted stock unit awards to acquire shares of newScale common stock granted to you under the newScale, Inc. 2011 Equity Incentive Plan (the “Plan”). Pursuant to the Merger Agreement, on the Closing Date, Cisco assumed all obligations of newScale under your outstanding restricted stock unit award (or restricted stock unit awards). This Restricted Stock Unit Assumption Agreement (the “Agreement”) evidences the terms of Cisco’s assumption of a restricted stock unit award (or restricted stock unit awards) to acquire newScale common stock granted to you under the Plan (the “newScale RSUs”), and documented by a restricted stock u
