EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • March 1st, 2022 • Plug Power Inc • Electrical industrial apparatus • New York
This Employment Agreement (“Agreement”) is made as of the 28th day of December, 2021 (the “Commencement Date”), between Plug Power Inc., a Delaware corporation (the “Company”), and Jose Luis Crespo (the “Executive”).
PERFORMANCE-BASED NON-QUALIFIED STOCK OPTION AGREEMENT UNDER THE PLUG POWER INC. 2021 STOCK OPTION AND INCENTIVE PLANPerformance-Based Non-Qualified Stock Option Agreement • March 1st, 2022 • Plug Power Inc • Electrical industrial apparatus
Pursuant to the Plug Power Inc. 2021 Stock Option and Incentive Plan, as amended through the date hereof (the “Plan”), Plug Power Inc. (the “Company”) hereby grants to the Optionee named above a performance-based stock option (the “PSO”) to purchase on or prior to the Expiration Date specified above the target number of shares of Common Stock, par value $0.01 per share (the “Stock” and the shares of Stock subject to this PSO, the “Option Shares”), 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 PSO 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 COMPANY EMPLOYEES UNDER THE PLUG POWER INC. 2021 STOCK OPTION AND INCENTIVE PLANNon-Qualified Stock Option Agreement • March 1st, 2022 • Plug Power Inc • Electrical industrial apparatus
Name of Optionee: No. of Option Shares: Option Exercise Price per Share: $ [FMV on Grant Date] Grant Date: Expiration Date: [No more than 10 years]
NON-QUALIFIED STOCK OPTION AGREEMENT FOR NON-EMPLOYEE DIRECTORS UNDER THE PLUG POWER INC.Non-Qualified Stock Option Agreement • March 1st, 2022 • Plug Power Inc • Electrical industrial apparatus
Name of Optionee: No. of Option Shares: Option Exercise Price per Share: $ [FMV on Grant Date] Grant Date: Expiration Date: [No more than 10 years]
RESTRICTED STOCK AWARD AGREEMENT FOR NON-EMPLOYEE DIRECTORS UNDER THE PLUG POWER INC.Restricted Stock Award Agreement • March 1st, 2022 • Plug Power Inc • Electrical industrial apparatus
Pursuant to the Plug Power Inc. 2021 Stock Option and Incentive Plan, as amended through the date hereof (the “Plan”), Plug Power Inc. (the “Company”) hereby grants a Restricted Stock Award (an “Award”) to the Grantee named above, who is a Non-Employee Director of the Company but is not an employee of the Company. Upon acceptance of this Award, the Grantee shall receive the number of shares of Common Stock, par value $0.01 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.
RESTRICTED STOCK AWARD AGREEMENT FOR COMPANY EMPLOYEES UNDER THE PLUG POWER INC.Restricted Stock Award Agreement • March 1st, 2022 • Plug Power Inc • Electrical industrial apparatus
Pursuant to the Plug Power Inc. 2021 Stock Option and Incentive Plan, as amended through the date hereof (the “Plan”), Plug Power 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 $0.01 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.
