TRI POINTE HOMES, INC. 2022 LONG-TERM INCENTIVE PLAN PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT REVENUES PERFORMANCE MEASUREMENT (EXECUTIVE FORM)Performance-Based Restricted Stock Unit Award Agreement • April 27th, 2023 • Tri Pointe Homes, Inc. • Operative builders • Delaware
Tri Pointe Homes, Inc., a Delaware corporation (the “Company”), hereby grants to [NAME] (the “Holder”) as of [DATE] (the “Grant Date”), pursuant to the terms and conditions of the Tri Pointe Homes, Inc. 2022 Long-Term Incentive Plan (the “Plan”), an award of performance-based restricted stock units (the “Award” and the restricted stock units granted pursuant to this Agreement, the “Award Units”) with respect to a maximum of [###] shares (with [###] shares referred to as the “Target Award”) of the Company’s Common Stock, par value $0.01 per share (“Common Stock”), upon and subject to the restrictions, terms, and conditions set forth in the Plan and this agreement (the “Agreement”). Capitalized terms used in this Agreement and not defined herein or set forth in Attachment A have the respective meanings given to them in the Plan.
PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT PURSUANT TO THE BERRY CORPORATION (BRY) 2022 OMNIBUS INCENTIVE PLANPerformance-Based Restricted Stock Unit Award Agreement • March 8th, 2024 • Berry Corp (Bry) • Crude petroleum & natural gas • Delaware
THIS PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”) dated as of the Grant Date specified above (“Grant Date”), is entered into by and between Berry Corporation (bry), a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the Berry Corporation (bry) 2022 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”).
Senior Executive Team NCR Corporation 2017 Stock Incentive PlanPerformance-Based Restricted Stock Unit Award Agreement • May 5th, 2023 • NCR Corp • Calculating & accounting machines (no electronic computers)
Congratulations on your award of performance-based restricted stock units of NCR Common Stock as part of NCR’s 2023 compensation program. The Compensation and Human Resources Committee of our Board of Directors (the “Committee”) approved your award in anticipation of your future contributions to the success of NCR. The award also recognizes your past performance and upholds our commitment to rewarding our higher performers. This award is an opportunity to celebrate your achievements and to continue to expand your ownership stake in NCR.
FIRST BUSINESS FINANCIAL SERVICES, INC.Performance-Based Restricted Stock Unit Award Agreement • October 28th, 2022 • First Business Financial Services, Inc. • State commercial banks • Wisconsin
The Participant specified below is hereby granted a performance-based restricted stock unit award (the “Award”) by First Business Financial Services, Inc., a Wisconsin corporation (the “Company”), under the First Business Financial Services, Inc. 2019 Equity Incentive Plan, as amended (the “Plan”). The Award shall be subject to the terms of the Plan and the terms set forth in this Performance-Based Restricted Stock Unit Award Agreement (“Award Agreement”).
TRI POINTE HOMES, INC. 2022 LONG-TERM INCENTIVE PLAN PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT PRE-TAX EARNINGS PERFORMANCE MEASUREMENT (COMPANY/DIVISION PRESIDENTS FORM)Performance-Based Restricted Stock Unit Award Agreement • July 21st, 2022 • Tri Pointe Homes, Inc. • Operative builders • Delaware
Tri Pointe Homes, Inc., a Delaware corporation (the “Company”), hereby grants to [NAME] (the “Holder”) as of [DATE] (the “Grant Date”), pursuant to the terms and conditions of the Tri Pointe Homes, Inc. 2022 Long-Term Incentive Plan (the “Plan”), an award of performance-based restricted stock units (the “Award” and the restricted stock units granted pursuant to this Agreement, the “Award Units”) with respect to a maximum of [###] shares (with [###] shares referred to as the “Target Award”) of the Company’s Common Stock, par value $0.01 per share (“Common Stock”), upon and subject to the restrictions, terms, and conditions set forth in the Plan and this agreement (the “Agreement”). Capitalized terms used in this Agreement and not defined herein or set forth in Attachment A have the respective meanings given to them in the Plan.
PERFORMANCE BASED RESTRICTED STOCK UNIT AWARD AGREEMENTPerformance Based Restricted Stock Unit Award Agreement • May 17th, 2024 • DXC Technology Co • Services-computer processing & data preparation • Nevada
PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT UNDER THE XPO LOGISTICS, INC. 2016 OMNIBUS INCENTIVE COMPENSATION PLAN, dated as of ###GRANT_DATE### (the “Grant Date”) between XPO, INC., a Delaware corporation (the “Company”), and...Performance-Based Restricted Stock Unit Award Agreement • May 3rd, 2024 • XPO, Inc. • Transportation services • Delaware
This Performance-Based Restricted Stock Unit Award Agreement (this “Award Agreement”) sets forth the terms and conditions of an award of performance-based restricted stock units with respect to a target number of shares (the “Target Amount”) of the Company’s Common Stock, $0.001 par value (“Share”) equal to ###TOTAL_AWARDS### performance-based restricted stock units (this “Award”), that is subject to the terms and conditions specified herein (each such restricted stock unit, an “RSU”) and that are granted to you under the XPO Logistics, Inc. 2016 Omnibus Incentive Compensation Plan, as amended (the “Plan”). This Award provides you with the opportunity to earn, subject to the terms of this Award Agreement, Shares or cash, as set forth in Section 3 of this Award Agreement.
PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT THE CHILDREN’S PLACE, INC.Performance-Based Restricted Stock Unit Award Agreement • March 29th, 2021 • Childrens Place, Inc. • Retail-family clothing stores • Delaware
This Performance-Based Restricted Stock Unit Award Agreement (the “Agreement”), effective as of ___________, 2021 (the “Award Date”), is entered into by and between The Children’s Place, Inc., a Delaware corporation (the “Company”), and ______________ (the “Awardee”).
WESTELL TECHNOLOGIES, INC. PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT FOR AWARD GRANTED TO TIMOTHY DUITSMAN ON SEPTEMBER 1, 2019Performance-Based Restricted Stock Unit Award Agreement • November 14th, 2019 • Westell Technologies Inc • Telephone & telegraph apparatus • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT is granted by WESTELL TECHNOLOGIES, INC. (the “Company”) to TIMOTHY DUITSMAN (the “Participant”) this 1st day of September 2019 (the “Grant Date”) pursuant to the Company’s 2015 Omnibus Incentive Compensation Plan (the “Plan”). The applicable terms of the Plan are incorporated herein by reference, including the definitions of terms contained therein.
PERSPECTA INC. PERFORMANCE BASED RESTRICTED STOCK UNIT AWARD AGREEMENTPerformance Based Restricted Stock Unit Award Agreement • November 10th, 2020 • Perspecta Inc. • Services-computer processing & data preparation • Nevada
EMCORE Corporation 2019 Equity Incentive Plan Performance-Based Restricted Stock Unit Award AgreementPerformance-Based Restricted Stock Unit Award Agreement • May 10th, 2023 • Emcore Corp • Semiconductors & related devices • New Jersey
This Performance-Based Restricted Stock Unit Award Agreement (the “Agreement”) evidences the Award of the Restricted Stock Units. This Agreement and the Award of the Restricted Stock Units are made in consideration of your employment or service relationship with the Company or an affiliate of the Company (as applicable, your “Employer”). The Award is subject in all respects to and incorporates by reference the terms and conditions of the Plan and any terms and conditions relating to Restricted Stock Units and specifies other applicable terms and conditions of your Restricted Stock Units.
NCR Corporation 2017 Stock Incentive PlanPerformance-Based Restricted Stock Unit Award Agreement • May 4th, 2018 • NCR Corp • Calculating & accounting machines (no electronic computers)
You have been awarded a number of performance-based restricted stock units (the “Stock Units”) under the NCR Corporation 2017 Stock Incentive Plan, as amended from time to time (the “Plan”), which number is described on the performance-based restricted stock unit information page on the website (www.netbenefits.fidelity.com) of the third‑party Plan administrator (the “TPA”) for NCR Corporation (referred to herein as “NCR” or the “Company”), effective as of the date of grant of this award (the “Grant Date”), subject to the terms and conditions of this 2018 Performance-Based Restricted Stock Unit Award Agreement (this “Agreement”), including the non-competition, non-solicitation and non-recruit/hire post-employment restrictive covenants set forth in Section 10, and the Plan. Capitalized terms used but not defined herein are defined in the Plan.
BERRY PETROLEUM COMPANY 2010 EQUITY INCENTIVE PLAN PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENTPerformance-Based Restricted Stock Unit Award Agreement • March 4th, 2011 • Berry Petroleum Co • Crude petroleum & natural gas • Colorado
Unless otherwise defined herein, the terms defined in the Berry Petroleum Company 2010 Equity Incentive Plan (the “Plan”) shall have the same defined meanings in this Performance-Based Restricted Stock Unit Award Agreement.
alerus financial corporationPerformance-Based Restricted Stock Unit Award Agreement • May 28th, 2024 • Alerus Financial Corp • National commercial banks • Delaware
The Participant specified below is hereby granted a restricted stock unit award (the “Award”) by Alerus Financial Corporation, a Delaware corporation (the “Company”), under the Alerus Financial Corporation 2019 Equity Incentive Plan (the “Plan”). The Award shall be subject to the terms of the Plan and the terms set forth in this Performance-Based Restricted Stock Unit Award Agreement (“Award Agreement”).
Clarios International Inc. PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT (For Employees)Performance-Based Restricted Stock Unit Award Agreement • December 18th, 2023 • Clarios International Inc. • Miscellaneous electrical machinery, equipment & supplies • Delaware
This Performance-Based Restricted Stock Unit Award Agreement (“Agreement”) is entered into by and between Clarios International Inc. (the “Company”) and the participant whose name appears below (the “Participant”) in order to set forth the terms and conditions of performance-based Restricted Stock Units (the “PSUs”) granted to the Participant under the Clarios International Inc. 2024 Long-Term Incentive Plan (the “Plan”).
ContractPerformance-Based Restricted Stock Unit Award Agreement • May 5th, 2020
EX-10.1 2 exhibit10152417.htm EXHIBIT 10.1 Exhibit 10.1 Advance Auto Parts, Inc. 2017 Performance-Based Restricted Stock Unit Award Agreement This certifies that Advance Auto Parts, Inc. (the “Company”) has granted to Name (the “Participant”) an award of Performance-Based Restricted Stock Units (“PSUs”) representing the right to receive a like number of shares (“Shares”) of Advance Auto Parts, Inc. Common Stock, $.0001 par value per share ( “Common Stock”), as indicated in the terms outlined below, subject to certain restrictions and on the terms and conditions contained in this Award Agreement (“Agreement”) and the Advance Auto Parts, Inc. 2014 Long-Term Incentive Plan (the “Plan”). In the event of any conflict between the terms of the Plan and this Agreement, the terms of the Plan shall govern. Any terms not defined herein shall have the meaning set forth in the Plan.
Kemper Corporation 2023 Omnibus Plan PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT (Adjusted ROE)Performance-Based Restricted Stock Unit Award Agreement • February 7th, 2024 • KEMPER Corp • Fire, marine & casualty insurance • Delaware
This PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT (“Agreement”) is made as of this ______ day of __________________, 20__ (“Grant Date”) between KEMPER CORPORATION, a Delaware corporation (“Company”), and «name» (“Participant”) for an Award of performance-based restricted stock units (“PSUs”), each representing the right to receive one share of the Company’s common stock (“Common Stock”) on the terms and conditions set forth in this Agreement.
CNX RESOURCES CORPORATION EQUITY INCENTIVE PLAN PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENTPerformance-Based Restricted Stock Unit Award Agreement • February 10th, 2022 • CNX Resources Corp • Crude petroleum & natural gas • Delaware
This Performance-Based Restricted Stock Unit Award Agreement set forth below (this “Agreement”) is dated as of the grant date (the “Grant Date”) set forth on Exhibit A and is between CNX Resources Corporation, a Delaware corporation (the “Company”), and the individual to whom the Compensation Committee of the Board of Directors (the “Committee”) of the Company has made this Performance Award and whose name is set forth on Exhibit A (the “Participant”).
BERRY PETROLEUM COMPANY 2005 EQUITY INCENTIVE PLAN PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENTPerformance-Based Restricted Stock Unit Award Agreement • March 19th, 2010 • Berry Petroleum Co • Crude petroleum & natural gas • Colorado
Unless otherwise defined herein, the terms defined in the Berry Petroleum Company 2005 Equity Incentive Plan (the “Plan”) shall have the same defined meanings in this Performance-Based Restricted Stock Unit Award Agreement.
Advance Auto Parts, Inc.Performance-Based Restricted Stock Unit Award Agreement • May 30th, 2024 • Advance Auto Parts Inc • Retail-auto & home supply stores
This certifies that Advance Auto Parts, Inc. (the “Company”) has granted to <Participant Name> (the “Participant”) this award of Performance-Based Restricted Stock Units (this “Award”) and the Participant acknowledges and agrees that this Award and the opportunity to vest in the Performance-Based Restricted Stock Units (the “PSUs”) is sufficient consideration for the restrictive covenants set forth in this Performance-Based Restricted Stock Unit Award Agreement (this “Agreement”). This Award represents the right to receive a like number of shares (“Shares”) of Advance Auto Parts, Inc. Common Stock, $.0001 par value per share (the “Common Stock”), as indicated in the terms outlined below, subject to certain restrictions and on the terms and conditions contained in this Agreement and the Advance Auto Parts, Inc. 2023 Omnibus Incentive Compensation Plan (the “Plan”). In the event of any conflict between the terms of the Plan and this Agreement, the terms of the Plan shall govern. Any term
PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT PURSUANT TO THE SECOND AMENDED AND RESTATED BERRY PETROLEUM CORPORATION 2017 OMNIBUS INCENTIVE PLANPerformance-Based Restricted Stock Unit Award Agreement • March 8th, 2019 • Berry Petroleum Corp • Crude petroleum & natural gas • Delaware
THIS PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”) dated as of the Grant Date specified above (“Grant Date”), is entered into by and between Berry Petroleum Corporation, a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the Second Amended and Restated Berry Petroleum Corporation 2017 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”).
PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT TERMS AND CONDITIONSPerformance-Based Restricted Stock Unit Award Agreement • December 6th, 2016 • Mentor Graphics Corp • Services-computer integrated systems design • Oregon
This Performance-Based Restricted Stock Unit Award Agreement (this “Agreement”) is made and entered into as of the Grant Date as indicated on the equity award summary provided with this Agreement by and between Mentor Graphics Corporation, an Oregon corporation (the “Company”), and you pursuant to the Mentor Graphics Corporation 2010 Omnibus Incentive Plan (the “Plan”). Compensation paid pursuant to this Agreement is intended to qualify as performance-based compensation under Section 162(m) of the Internal Revenue Code of 1986 (the “Code”). Unless otherwise defined herein, capitalized terms used in this Agreement have the same defined meanings as in the Plan. The terms of this Agreement are as follows:
PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT INDUCEMENT AWARDPerformance-Based Restricted Stock Unit Award Agreement • December 23rd, 2016 • pSivida Corp. • Laboratory analytical instruments • Delaware
Pursuant to this agreement, as amended and restated on December 21, 2016, (this “Agreement”), pSivida Corp., a Delaware corporation (the “Company”), hereby grants an award (the “Award”) of performance-based restricted stock units (the “Restricted Stock Units”) to the Grantee named above. The Award is granted to the Grantee in connection with her entering into Employment with the Company and is regarded by the parties as an inducement material to the Grantee’s entering into Employment within the meaning of NASDAQ Listing Rule 5635(c).
PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENTPerformance-Based Restricted Stock Unit Award Agreement • August 4th, 2020 • Nabors Industries LTD • Drilling oil & gas wells • Delaware
This Performance-Based Restricted Stock Unit Award (this “Award”) is effective the ______ day of _____________, _____ (the “Date of Grant”) between Nabors Industries, Inc. (“NII”), acting on behalf of Nabors Industries Ltd. (“NIL” or the “Company”) and at the request of _____________, a subsidiary of NIL, and Anthony G. Petrello (the “Grantee”).
4821-9786-2960\2 HEARTLAND FINANCIAL USA, INC. 2020 LONG-TERM INCENTIVE PLAN 2021 PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT THREE-YEAR PERFORMANCE PERIOD The Participant specified below is hereby granted a performance-based restricted...Performance-Based Restricted Stock Unit Award Agreement • May 6th, 2021 • Heartland Financial Usa Inc • State commercial banks
PARK NATIONAL CORPORATION Performance-Based Restricted Stock Unit Award AgreementPerformance-Based Restricted Stock Unit Award Agreement • May 1st, 2023 • Park National Corp /Oh/ • National commercial banks
This Performance-Based Restricted Stock Unit Award Agreement (this “Agreement”) is made effective as of January 18, 2023 (the “Grant Date”) by and between Park National Corporation (the “Company”) and [Associate Name] (the “Participant” or “you”). Capitalized terms not defined in this Agreement have the meanings given to them in the Plan (as defined below).
ROGERS CORPORATION PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENTPerformance-Based Restricted Stock Unit Award Agreement • February 17th, 2021 • Rogers Corp • Plastic materials, synth resins & nonvulcan elastomers • Massachusetts
This Agreement entitles the Grantee to payment in the form of Shares based on the Performance Achievement Percentage (as calculated pursuant to Schedule A hereto) attained during the Performance Period and subject to the employment requirements set forth below. The target number of Shares subject to this Agreement is <shares_awarded> Shares (the “Target Shares”), subject to adjustment under Section 2.2 of the Plan. This Award is granted as of <award_date> (the “Grant Date”).
INTERCONTINENTAL EXCHANGE, INC. 2022 OMNIBUS EMPLOYEE INCENTIVE PLANPerformance-Based Restricted Stock Unit Award Agreement • February 2nd, 2023 • Intercontinental Exchange, Inc. • Security & commodity brokers, dealers, exchanges & services • Georgia
This Performance-Based Restricted Stock Unit Award Agreement (the “Award Agreement”) is dated this [ DATE ] (the “Grant Date”) by and between [ NAME ] (the “Grantee”) and Intercontinental Exchange, Inc. (the “Company”), pursuant to the Intercontinental Exchange, Inc. 2022 Omnibus Employee Incentive Plan (the “Plan”). Capitalized terms not defined in this Award Agreement have the meanings as used or defined in the Plan.
The CIT Group Inc. 2016 Omnibus Incentive Plan Performance-Based Restricted Stock Unit Award AgreementPerformance-Based Restricted Stock Unit Award Agreement • May 4th, 2018 • Cit Group Inc • National commercial banks
Effective as of the Date of Award, this Award Agreement sets forth the grant of Restricted Stock Units (“RSUs”) by CIT Group Inc., a Delaware corporation (the “Company”), to the Participant, pursuant to the provisions of the CIT Group Inc. 2016 Omnibus Incentive Plan (the “Plan”). This Award Agreement memorializes the terms and conditions as approved by the Compensation Committee of the Board (the “Committee”). All capitalized terms shall have the meanings ascribed to them in the Plan, unless specifically set forth otherwise herein.
Domino’s Pizza, Inc. Performance-Based Restricted Stock Unit Award AgreementPerformance-Based Restricted Stock Unit Award Agreement • February 28th, 2013 • Dominos Pizza Inc • Wholesale-groceries & related products • Delaware
Domino’s Pizza, Inc., a Delaware corporation (the “Company”), hereby grants on date written above (the “Grant Date”) the number of Performance-Based Restricted Stock Units set forth above (the “RSUs” or the “Award”) to the above-named individual (the “Participant”) pursuant to the Company’s 2004 Equity Incentive Plan (as from time to time in effect, the “Plan”) all in accordance with and subject to the terms and conditions described in this Performance-Based Restricted Stock Unit Award Agreement (the “Agreement”) and the Plan in addition to such other restrictions, if any, as may be imposed by law. No RSU shall be paid unless vested in accordance with this Agreement.
EMCORE Corporation 2012 Equity Incentive Plan Performance-Based Restricted Stock Unit Award AgreementPerformance-Based Restricted Stock Unit Award Agreement • February 6th, 2018 • Emcore Corp • Semiconductors & related devices • New Jersey
This Performance-Based Restricted Stock Unit Award Agreement (the “Agreement”) evidences the Award of the Restricted Stock Units. This Agreement and the Award of the Restricted Stock Units are made in consideration of your employment or service relationship with the Company or an Affiliate of the Company (as applicable, your “Employer”). The Award is subject in all respects to and incorporates by reference the terms and conditions of the Plan and any terms and conditions relating to Restricted Stock Units and specifies other applicable terms and conditions of your Restricted Stock Units.
PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENT THE CHILDREN’S PLACE, INC.Performance-Based Restricted Stock Unit Award Agreement • May 20th, 2015 • Childrens Place, Inc. • Retail-family clothing stores • Delaware
This Performance-Based Restricted Stock Unit Award Agreement (the “Agreement”), effective as of May 6, 2015 (the “Award Date”), is entered into by and between The Children’s Place, Inc., a Delaware corporation (the “Company”), and [______________] (the “Awardee”).
AMENDED AND RESTATED KB HOME PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENTPerformance-Based Restricted Stock Unit Award Agreement • October 11th, 2023 • Kb Home • Operative builders
This Performance-Based Restricted Stock Unit Award Agreement (“Agreement”) is made on [DATE] (“Grant Date”) by and between KB Home, a Delaware corporation (“Company”), and [NAME] (“Employee”). Capitalized terms used in this Agreement and not defined herein have the respective meanings given to them in the Amended and Restated KB Home 2014 Equity Incentive Plan (“Plan”).
PROSIGHT GLOBAL, INC.Performance-Based Restricted Stock Unit Award Agreement • March 10th, 2020 • ProSight Global, Inc. • Fire, marine & casualty insurance
This Performance-Based Restricted Stock Unit Award Agreement (this “Award Agreement”) evidences an award of performance-based restricted stock units (“PSUs”) by ProSight Global, Inc., a Delaware corporation (together with any Subsidiary, and any successor entity thereto, the “Company”), under the ProSight Global, Inc. 2019 Equity Incentive Plan (as amended, supplemented or modified from time to time, the “Plan”). Capitalized terms not defined in the Award Agreement have the meanings given to them in the Plan.
Heartland Financial USA, Inc.Performance-Based Restricted Stock Unit Award Agreement • May 8th, 2018 • Heartland Financial Usa Inc • State commercial banks • Delaware
The Participant specified below is hereby granted a performance-based restricted stock unit award by Heartland Financial USA, Inc. (the “Company”) under the Heartland Financial USA, Inc. 2012 Long-Term Incentive Plan (the “Plan”). The restricted stock units awarded by this Award Agreement (this “Agreement”) shall be subject to the terms of the Plan and the terms set forth in this Agreement. All capitalized terms used in this Agreement and not otherwise defined have the meaning assigned to them in the Plan.
