2004 Stock Incentive Plan Sample Contracts

FOUNDATION COAL HOLDINGS, INC. AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN AWARD AGREEMENT
2004 Stock Incentive Plan • May 7th, 2009 • Foundation Coal Holdings, Inc. • Bituminous coal & lignite surface mining • New York

THIS AGREEMENT, is made effective as of January 12, 2009 (the “Award Date”), between Foundation Coal Holdings, Inc. (the “Company”) and Michael R. Peelish (the “Participant”).

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BB&T CORPORATION AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN Nonqualified Stock Option Agreement (Non-Employee Directors)
2004 Stock Incentive Plan • May 7th, 2010 • Bb&t Corp • National commercial banks • North Carolina

THIS AGREEMENT (the “Agreement”), dated effective as of , 20 , between BB&T CORPORATION, a North Carolina corporation (“BB&T”) for itself and its Affiliates, and <<First Name>> <<MI>> <<Last Name>>, a Director (the “Participant”), is made pursuant to and subject to the provisions of the BB&T Corporation Amended and Restated 2004 Stock Incentive Plan, as it may be amended and/or restated (the “Plan”).

JACK IN THE BOX INC. NON-EMPLOYEE DIRECTOR RESTRICTED STOCK UNIT AWARD UNDER THE 2004 STOCK INCENTIVE PLAN
2004 Stock Incentive Plan • November 22nd, 2022 • Jack in the Box Inc • Retail-eating places

This Agreement is made as of the Grant Date by and between Jack in the Box Inc., a Delaware corporation (the “Company”), and the Awardee.

CELSION CORPORATION STOCK OPTION GRANT AGREEMENT
2004 Stock Incentive Plan • April 13th, 2007 • Celsion Corp • Electromedical & electrotherapeutic apparatus

THIS GRANT AGREEMENT (this “Agreement”) is made and entered into as of the 12 day of March 2007, by and between CELSION CORPORATION (the “Corporation”), a Delaware corporation, and Augustine Chow Pak Yu, an individual employed by or performing services for the Corporation (“Grantee”).

BB&T CORPORATION AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN Restricted Stock Unit Agreement (Non-Employee Directors)
2004 Stock Incentive Plan • May 7th, 2010 • Bb&t Corp • National commercial banks • North Carolina

THIS AGREEMENT (the “Agreement”), made effective as of , 20 (the “Grant Date”), between BB&T CORPORATION, a North Carolina corporation (“BB&T”), and <<First Name>> <<MI>> <<Last Name>>, a Non-Employee Director (the “Participant”).

NALCO HOLDING COMPANY RESTRICTED STOCK UNIT AGREEMENT
2004 Stock Incentive Plan • May 27th, 2005 • Nalco Holding CO • Miscellaneous chemical products • New York

THIS AGREEMENT, is made effective as of May 26, 2005 (the “Grant Date”), between Nalco Holding Company (the “Company”) and Rodney F. Chase (the “Participant”).

ROBBINS & MYERS, INC. AWARD AGREEMENT FOR SPECIAL RESTRICTED SHARE AWARD TO PETER C. WALLACE UNDER ROBBINS & MYERS, INC. 2004 STOCK INCENTIVE PLAN
2004 Stock Incentive Plan • October 12th, 2005 • Robbins & Myers Inc • Pumps & pumping equipment • Ohio

This AWARD AGREEMENT (the “Agreement”) is entered into as of the Award Date set forth below between ROBBINS & MYERS, INC., an Ohio corporation (the “Company”), and Peter C. Wallace (“Executive”).

REMINGTON OIL AND GAS CORPORATION RESTRICTED STOCK AGREEMENT (Employees)
2004 Stock Incentive Plan • April 29th, 2005 • Remington Oil & Gas Corp • Crude petroleum & natural gas • Delaware
BB&T CORPORATION AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN Restricted Stock Unit Agreement (Performance Vesting Component)
2004 Stock Incentive Plan • February 28th, 2008 • Bb&t Corp • National commercial banks • North Carolina

THIS AGREEMENT (the “Agreement”), made effective as of ___________, 20___ (the “Grant Date”), between BB&T CORPORATION, a North Carolina corporation (“BB&T”), and <<First Name>> <<MI>> <<Last Name>>, an Employee of BB&T or an Affiliate (the “Participant”);

AFFIRMATIVE INSURANCE HOLDINGS, INC. AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN as amended STOCK OPTION AGREEMENT
2004 Stock Incentive Plan • February 28th, 2012 • Affirmative Insurance Holdings Inc • Fire, marine & casualty insurance • Delaware

This Stock Option Agreement (the “Agreement”) is made and entered into as of the date of grant set forth below (the “Date of Grant”) by and between Affirmative Insurance Holdings, Inc., a Delaware corporation (the “Company”), and the participant named below (the “Participant”). Capitalized terms not defined herein shall have the meaning ascribed to them in the Company’s Amended and Restated 2004 Stock Incentive Plan, as amended (the “Plan”).

BORGWARNER INC. AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN Stock Units Award Agreement - Non-U.S. Employees
2004 Stock Incentive Plan • July 25th, 2013 • Borgwarner Inc • Motor vehicle parts & accessories • Delaware

THIS Award Agreement (the “Agreement”) dated as of _______, 20__, by and between BORGWARNER INC., a Delaware corporation (the “Company”) and ______________________ (the “Employee”), is entered into as follows:

COMSYS IT PARTNERS, INC. AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN FORM OF STOCK OPTION AGREEMENT
2004 Stock Incentive Plan • November 16th, 2007 • Comsys It Partners Inc • Services-help supply services • Delaware

This Stock Option Agreement (the “Agreement”) is made and entered into as of the date of grant set forth below (the “Date of Grant”) by and between COMSYS IT Partners, Inc., a Delaware corporation (the “Company”), and the participant named below (the “Participant”). Capitalized terms not defined herein will have the meanings ascribed to them in the Company’s Amended and Restated 2004 Stock Incentive Plan (the “Plan”).

TRIUMPH GROUP, INC.
2004 Stock Incentive Plan • April 28th, 2005 • Triumph Group Inc / • Aircraft & parts

Triumph Group, Inc. (the “Company”) hereby awards to the employee named below (the “Awardee”) the number of shares of Common Stock of the Company (the “Shares”), in accordance with and subject to the terms, conditions and restrictions of this Agreement together with the provisions of the 2004 Stock Incentive Plan (the “Plan”) of the Company, which Plan is incorporated herein by reference (all capitalized terms used herein having the meanings assigned in the Plan unless otherwise herein defined):

JACK IN THE BOX INC. AWARD AGREEMENT UNDER THE 2004 STOCK INCENTIVE PLAN
2004 Stock Incentive Plan • November 20th, 2009 • Jack in the Box Inc /New/ • Retail-eating places • Delaware

The Compensation Committee (the “Committee”) of the Board of Directors of the Company which administers the Company’s 2004 Stock Incentive Plan (the “Plan”) has granted to the Awardee as of the date of this Agreement on the terms and conditions set forth herein, a) an option (the “Option”) to purchase shares of the Common Stock of the Company, par value $0.01 per share (the “Common Stock”), and b) an award of Performance Units (the “Unit Award”), collectively, the “Award.”

NALCO HOLDING COMPANY AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN NONQUALIFIED STOCK OPTION AGREEMENT
2004 Stock Incentive Plan • October 14th, 2008 • Nalco Holding CO • Miscellaneous chemical products • New York

THIS AGREEMENT, is made effective as of October 8, 2008 (the “Date of Grant”), between Nalco Holding Company (the “Company”) and Eric G. Melin (“Melin”).

MKS INSTRUMENTS, INC. Restricted Stock Unit Agreement Granted Under the 2004 Stock Incentive Plan
2004 Stock Incentive Plan • February 25th, 2011 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts

AGREEMENT made (the “Grant Date”), between MKS Instruments, Inc., a Massachusetts corporation (the “Company”), and «First_Name» «Last_Name» (the “Participant”).

FORM OF NONQUALIFIED STOCK OPTION AGREEMENT FOR EMPLOYEES UNDER THE XTO ENERGY INC.
2004 Stock Incentive Plan • November 22nd, 2004 • Xto Energy Inc • Crude petroleum & natural gas

THIS AGREEMENT is entered into this day of , 200 , between XTO Energy Inc., a Delaware corporation (the “Company”), and (“Grantee”), pursuant to the provisions of the XTO Energy Inc. 2004 Stock Incentive Plan (the “Plan”). The Compensation Committee (the “Committee”) of the Board of Directors of the Company has determined that Grantee is eligible to be a participant in the Plan and, to carry out its purposes, has this day authorized the grant, pursuant to the Plan, of the nonqualified stock option set forth below to Grantee.

FORM OF STOCK GRANT AGREEMENT FOR NON-EMPLOYEE DIRECTORS UNDER SECTION 11 OF THE XTO ENERGY INC.
2004 Stock Incentive Plan • February 22nd, 2005 • Xto Energy Inc • Crude petroleum & natural gas

THIS AGREEMENT is entered into this day of , 200 , between XTO Energy Inc., a Delaware corporation (herein called “Company”), and (herein called “Grantee”), pursuant to the provisions of the XTO Energy Inc. 2004 Stock Incentive Plan (the “Plan”). The Corporate Governance and Nominating Committee of the Board of Directors of the Company (the “Committee”) has determined that Grantee is eligible to be a participant in the Plan and, to carry out its purposes, has this day authorized the grant, pursuant to the Plan, of the shares set forth below to Grantee.

Contract
2004 Stock Incentive Plan • December 18th, 2009 • McClatchy Co • Newspapers: publishing or publishing & printing • California
FOUNDATION COAL HOLDINGS, INC. RESTRICTED STOCK UNIT AGREEMENT
2004 Stock Incentive Plan • July 7th, 2006 • Foundation Coal Holdings, Inc. • Bituminous coal & lignite surface mining • New York

THIS AGREEMENT, is made effective as of July 1, 2006, between Foundation Coal Holdings, Inc. (the “Company”) and Allen S. Pack, Jr. (the “Participant”).

BB&T CORPORATION Nonqualified Stock Option Agreement (Non-Employee Directors)
2004 Stock Incentive Plan • February 24th, 2006 • Bb&t Corp • National commercial banks • North Carolina

THIS AGREEMENT (the “Agreement”), dated effective as of ___________ ___, 20__, between BB&T Corporation, a North Carolina corporation (“BB&T”) for itself and its Affiliates, and «First_Name» «MI» «Last_Name», a director of BB&T (the “Participant”), is made pursuant and subject to the provisions of the BB&T Corporation 2004 Stock Incentive Plan, as it may be amended and/or restated (the “Plan”).

FOUNDATION COAL HOLDINGS, INC. RESTRICTED STOCK AGREEMENT
2004 Stock Incentive Plan • March 1st, 2007 • Foundation Coal Holdings, Inc. • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT, is made effective as of , 2007 (the “Date of Grant”), between Foundation Coal Holdings, Inc. (the “Company”) and Director (the “Participant”).

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FORM OF STOCK AWARD AGREEMENT FOR NON-EMPLOYEE DIRECTORS UNDER THE XTO ENERGY INC.
2004 Stock Incentive Plan • November 22nd, 2004 • Xto Energy Inc • Crude petroleum & natural gas

THIS AGREEMENT is entered into this day of , 200 , between XTO Energy Inc., a Delaware corporation (the “Company”), and , a non-employee Director of the Company (“Grantee”), pursuant to the provisions of the XTO Energy Inc. 2004 Stock Incentive Plan (the “Plan”). The Corporate Governance and Nominating Committee of the Board of Directors of the Company has determined that Grantee is eligible to be a participant in the Plan and, to carry out its purposes, has this day authorized the grant, pursuant to the Plan, of the stock award set forth below to Grantee.

O2DIESEL CORPORATION FORM OF RESTRICTED STOCK AGREEMENT
2004 Stock Incentive Plan • December 19th, 2006 • O2diesel Corp • Wholesale-groceries & related products

Restricted Stock Agreement (“Agreement”) between O2Diesel Corporation (the “Company”) and __________ (the “Grantee”) dated __________, 2006 (the “Date of Grant”).

WABASH NATIONAL CORPORATION 2004 STOCK INCENTIVE PLAN STOCK UNIT AGREEMENT
2004 Stock Incentive Plan • March 11th, 2005 • Wabash National Corp /De • Truck trailers

Wabash National Corporation, a Delaware corporation (the “Company”), hereby grants stock units relating to shares of its common stock, $.01 par value (the “Stock”), to the individual named below as the Grantee. The terms and conditions of the grant are set forth in this Agreement and in the Wabash National Corporation 2004 Stock Incentive Plan (the “Plan”).

CELANESE CORPORATION PERFORMANCE-BASED RESTRICTED STOCK UNIT AGREEMENT
2004 Stock Incentive Plan • May 28th, 2010 • Celanese CORP • Plastic material, synth resin/rubber, cellulos (no glass) • Delaware

THIS AGREEMENT is made effective as of April 2, 2007 (the "Date of Grant"), between Celanese Corporation (the "Company") and <<NAME>>> (the "Participant").

MARTEK BIOSCIENCES CORPORATION AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN NONQUALIFIED STOCK OPTION AGREEMENT
2004 Stock Incentive Plan • June 14th, 2005 • Martek Biosciences Corp • Biological products, (no disgnostic substances)

Martek Biosciences Corporation, a Delaware corporation (the “Company”), hereby grants an option to purchase shares of its common stock, $.10 par value, (the “Stock”) to the optionee named below. The terms and conditions of the option are set forth in this cover sheet, in the attachment, and in the Company’s Amended and Restated 2004 Stock Incentive Plan (the “Plan”).

THE McCLATCHY COMPANY
2004 Stock Incentive Plan • January 28th, 2005 • McClatchy Co • Newspapers: publishing or publishing & printing • California

THIS AGREEMENT, entered into as of ____________ ("the Grant Date"), and between THE McCLATCHY COMPANY, a Delaware corporation (the "Company") and _________ (the "Grantee"),

CELSION CORPORATION RESTRICTED STOCK AGREEMENT
2004 Stock Incentive Plan • November 8th, 2006 • Celsion Corp • Electromedical & electrotherapeutic apparatus

THIS STOCK AGREEMENT (this “Agreement”) is made and entered into as of the day of , by and between CELSION CORPORATION (the “Corporation”), a Delaware corporation, and , an individual employed by or performing services for the Corporation (“Grantee”).

THE McCLATCHY COMPANY
2004 Stock Incentive Plan • February 28th, 2008 • McClatchy Co • Newspapers: publishing or publishing & printing • Delaware

THIS AGREEMENT, entered into as of , 200 , and between THE McCLATCHY COMPANY, a Delaware corporation (the “Company”) and (the “Grantee”),

CELANESE CORPORATION 2004 STOCK INCENTIVE PLAN NONQUALIFIED STOCK OPTION AGREEMENT
2004 Stock Incentive Plan • January 28th, 2005 • Celanese CORP • Industrial inorganic chemicals • Delaware

THIS AGREEMENT, is made effective as of January 20, 2005 (the “Date of Grant”), between Celanese Corporation (the “Company”) and the individual named as a participant on the signature page hereto (the “Participant”).

NALCO HOLDING COMPANY FORM OF NONQUALIFIED STOCK OPTION AGREEMENT
2004 Stock Incentive Plan • March 5th, 2007 • Nalco Finance Holdings LLC • Miscellaneous chemical products • New York

THIS AGREEMENT, is made effective as of May 6, 2005 (the “Date of Grant”), between Nalco Holding Company (the “Company”) and Gregory N. Nelson (the “Participant”).

JACK IN THE BOX INC. TIME-VESTING RESTRICTED STOCK UNIT AWARD AGREEMENT UNDER THE 2004 STOCK INCENTIVE PLAN
2004 Stock Incentive Plan • November 22nd, 2013 • Jack in the Box Inc /New/ • Retail-eating places • Delaware

This Time-Vesting Restricted Stock Unit Award Agreement (the “Agreement”) is made and entered into effective as of November 26, 2012, (the “Grant Date”) by and between Jack in the Box Inc., a Delaware corporation (the “Company”), and «Name» (the “Awardee”).

FORM OF NONQUALIFIED STOCK OPTION AGREEMENT FOR NON-EMPLOYEE DIRECTORS UNDER THE XTO ENERGY INC.
2004 Stock Incentive Plan • November 22nd, 2004 • Xto Energy Inc • Crude petroleum & natural gas

THIS AGREEMENT is entered into this day of , 200_, between XTO Energy Inc., a Delaware corporation (the “Company”), and , a non-employee Director of the Company (“Grantee”), pursuant to the provisions of the XTO Energy Inc. 2004 Stock Incentive Plan (the “Plan”). The Corporate Governance and Nominating Committee (the “Committee”) of the Board of Directors of the Company has determined that Grantee is eligible to be a participant in the Plan and, to carry out its purposes, has this day authorized the grant, pursuant to the Plan, of the nonqualified stock option set forth below to Grantee.

ROBBINS & MYERS, INC. AWARD AGREEMENT FOR PERFORMANCE SHARE AWARD TO PETER C. WALLACE UNDER ROBBINS & MYERS, INC. 2004 STOCK INCENTIVE PLAN
2004 Stock Incentive Plan • October 12th, 2005 • Robbins & Myers Inc • Pumps & pumping equipment • Ohio

This AWARD AGREEMENT (the “Agreement”) is entered into as of the Award Date set forth below between ROBBINS & MYERS, INC., an Ohio corporation (the “Company”), and Peter C. Wallace (“Executive”).

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