Performance Cash Award Agreement Sample Contracts

Standard Contracts

UL INC. LONG-TERM INCENTIVE PLAN PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • November 13th, 2023 • UL Solutions Inc. • Services-testing laboratories • Delaware

UL Inc. (the “Company”) hereby grants to the individual referenced in the electronic grant statement (the “Executive”), pursuant to Section 3.1 of the UL Inc. Long-Term Incentive Plan, as amended and restated from time to time (the “Plan”), a Performance Cash Award (the “Award”). The Award Date, Performance Period, Performance Metrics, and value payable at Target and other levels of performance under this Award are provided in the Executive’s electronic grant statement and incorporated into this Agreement. Capitalized terms not defined herein have the respective meanings specified in the Plan.

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THE INTERPUBLIC GROUP OF COMPANIES, INC. 2019 PERFORMANCE INCENTIVE PLAN PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • February 22nd, 2021 • Interpublic Group of Companies, Inc. • Services-advertising agencies

THE INTERPUBLIC GROUP OF COMPANIES, INC., a Delaware corporation (the "Company"), hereby grants to the Participant named below a Performance Cash Award (the "Performance Cash Award") to be settled in cash. The terms and conditions of the Performance Cash Award are set forth in this Award Agreement (the "Agreement") and The Interpublic Group of Companies, Inc. 2019 Performance Incentive Plan (the "Plan"), which is attached hereto as Exhibit A, and any applicable addendum to the Award Agreement (the "Addendum") which is attached hereto as Exhibit C.

HEALTHWAYS, INC. PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • March 15th, 2013 • Healthways, Inc • Services-misc health & allied services, nec • Delaware

This PERFORMANCE CASH AWARD AGREEMENT (the “Agreement”) dated as of the GRANT DATE (the “Grant Date”) is by and between Healthways, Inc., a Delaware Company (the “Company”), and PARTICIPANT NAME (the “Grantee”). Capitalized terms used but not defined in this Agreement shall have the meaning ascribed to such terms in the Company’s 2007 Stock Incentive Plan, as amended (the “Plan”).

EX-10.2 3 d317723dex102.htm CASH INCENTIVE PLAN PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • May 5th, 2020 • New York
PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • February 22nd, 2024 • NuStar Energy L.P. • Pipe lines (no natural gas) • Delaware

This Performance Cash Award Agreement (“Agreement”), effective as of April 27, 2023 (“Grant Date”), is between NuStar Energy L.P. (the “Partnership”) and [______________________] (“Participant”), a participant in the Amended and Restated NuStar Energy L.P. 2019 Long-Term Incentive Plan (as the same may be amended, the “Plan”), and is made pursuant to and subject to the Plan. All capitalized terms contained in this Agreement shall have the same definitions as set forth in the Plan unless otherwise defined herein.

L3 TECHNOLOGIES, INC. AMENDED AND RESTATED 2012 CASH INCENTIVE PLAN PERFORMANCE CASH AWARD AGREEMENT (Version 2018)
Performance Cash Award Agreement • May 1st, 2018 • L3 Technologies, Inc. • Radio & tv broadcasting & communications equipment • New York

This Performance Cash Award Agreement (this “Agreement”), effective as of the Grant Date (as defined below), is between L3 Technologies, Inc., a Delaware corporation (the “Corporation” or “L3”), and the Participant (as defined below).

VITAMIN SHOPPE, INC. PERFORMANCE CASH AWARD AGREEMENT pursuant to the VITAMIN SHOPPE 2018 LONG-TERM INCENTIVE PLAN
Performance Cash Award Agreement • February 26th, 2019 • Vitamin Shoppe, Inc. • Retail-food stores • Delaware

THIS PERFORMANCE CASH AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Vitamin Shoppe, Inc., a company organized in the State of Delaware (the “Company”), and the Participant specified above; and

MODINE MANUFACTURING COMPANY PERFORMANCE CASH AWARD AWARD AGREEMENT
Performance Cash Award Agreement • February 5th, 2021 • Modine Manufacturing Co • Motor vehicle parts & accessories

We are pleased to inform you that you have been granted an opportunity to earn a Performance Cash Award of Modine Manufacturing Company (the “Company”), subject to the terms and conditions of this Award Agreement. This Award Agreement is not subject to the Modine Manufacturing Company 2020 Incentive Compensation Plan (the “Plan”), but all terms used in this Award Agreement and not otherwise defined herein shall have the same meanings as set forth in the Plan.

BEARINGPOINT, INC. PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • August 11th, 2008 • Bearingpoint Inc • Services-management consulting services • Delaware

THIS PERFORMANCE CASH AWARD AGREEMENT (this “Agreement”) evidences a grant of a performance cash award (the “Cash Award”) made by BearingPoint, Inc., a Delaware corporation (the “Company”) to the individual (the “Award Recipient”) named in the Award Notice of Performance Cash Award to which this Agreement relates. The award has been granted pursuant to the BearingPoint, Inc. 2000 Long-Term Incentive Plan (the “Plan”). By signing the Award Notice, the Award Recipient: (a) acknowledges receipt of and represents that the Award Recipient has read and is familiar with the Award Notice, this Agreement and the Plan, (b) accepts the award subject to all of the terms and conditions of the Award Notice, this Agreement and the Plan and (c) agrees to accept as binding, conclusive and final all decisions or interpretations of the Compensation Committee (the “Committee”) of the Board of Directors of the Company regarding any questions arising under the Award Notice, this Agreement or the Plan. Unles

HANESBRANDS INC. OMNIBUS INCENTIVE PLAN OF 2006 CALENDAR YEAR [YEAR] GRANT PERFORMANCE STOCK AND CASH AWARD – CASH COMPONENT GRANT NOTICE AND AGREEMENT
Performance Cash Award Agreement • February 17th, 2012 • Hanesbrands Inc. • Retail-apparel & accessory stores • Maryland

Hanesbrands Inc. (the “Company”) is pleased to confirm that you have been granted a Performance Cash Award (this “Award”), effective [DATE] (the “Grant Date”). This Award is subject to the terms of this Performance Cash Award Grant Notice and Agreement (this “Agreement”) and is made under the Hanesbrands Inc. Omnibus Incentive Plan of 2006, as amended (the “Plan”) which is incorporated into this Agreement by reference. Any capitalized terms used herein that are otherwise undefined shall have the same meaning as provided in the Plan.

EX-10.36 7 ftr-20171231xex10_36.htm EX-10.36 PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • May 5th, 2020 • Connecticut

This Agreement is made as of ___________ (“Date of Award”) between Frontier Communications Corporation, a Delaware corporation (the “Company”) and _____________ (the “Grantee”). In consideration of the agreements set forth below, the Company and the Grantee agree as follows:

AMENDED AND RESTATED PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • February 21st, 2013 • HSN, Inc. • Retail-miscellaneous shopping goods stores • Florida

THIS AMENDED AND RESTATED PERFORMANCE CASH AWARD AGREEMENT (this “Agreement”), dated as of February 25, 2013 is between HSN, Inc., a Delaware corporation (the “Company”), and «Participant» (the “Participant”) and amends and restates the Performance Cash Award Agreement between the Company and Participant dated February 21, 2012 (the “Award Date”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Company's Second Amended and Restated 2008 Stock and Annual Incentive Compensation Plan, as amended (the “Plan”).

PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • May 30th, 2023 • DIEBOLD NIXDORF, Inc • Calculating & accounting machines (no electronic computers) • Ohio

This Performance Cash Award Agreement (this “Agreement”) is made and entered into as of the Date of Grant set forth on the Grant Detail Page by and between Diebold Nixdorf, Incorporated, an Ohio corporation (the “Company”) and the Participant. Capitalized terms that are used but not defined herein have the meanings ascribed to them in the 2017 Equity and Performance Incentive Plan, as amended (the “Plan”); provided, however, that the Award is not subject to, or granted pursuant to the terms of, the Plan.

UL SOLUTIONS INC. LONG-TERM INCENTIVE PLAN AMENDMENT TO
Performance Cash Award Agreement • November 13th, 2023 • UL Solutions Inc. • Services-testing laboratories

UL Solutions Inc. (formerly known as UL Inc. and referred to hereinafter as the “Company”) hereby amends the Agreement memorializing the March 2021 grant to the employee referenced in the electronic grant statement (“Executive”), pursuant to Section 2.1 of the UL Solutions Inc. Long-Term Incentive Plan (as amended and restated effective January 1, 2020 and subsequently amended effective as of the Conversion Date) (formerly known as the UL Inc. Long-Term Incentive Plan and referred to hereinafter as the “2020 Plan”), of a Performance Cash Award (the “2021 Award”), effective as of the Conversion Date (the “Amendment”). Capitalized terms not defined herein have the respective meanings specified in the Agreement and, to the extent not defined in therein, the 2020 Plan (as amended).

PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • February 16th, 2022 • AMC Networks Inc. • Cable & other pay television services

You have been selected by the Compensation Committee of the Board of Directors of AMC Networks Inc. (the “Company”) to receive a contingent cash award (the “Award”) effective as of March [9], 2021 (the “Effective Date”).

MODINE MANUFACTURING COMPANY PERFORMANCE CASH AWARD AWARD AGREEMENT
Performance Cash Award Agreement • August 5th, 2021 • Modine Manufacturing Co • Motor vehicle parts & accessories

We are pleased to inform you that you have been granted an opportunity to earn a Performance Cash Award of Modine Manufacturing Company (the “Company”), subject to the terms and conditions of this Award Agreement. This Award Agreement is not subject to the Modine Manufacturing Company 2020 Incentive Compensation Plan (the “Plan”), but all terms used in this Award Agreement and not otherwise defined herein shall have the same meanings as set forth in the Plan.

PERFORMANCE CASH AWARD AGREEMENT PNM RESOURCES, INC. SECOND AMENDED AND RESTATED OMNIBUS PERFORMANCE EQUITY PLAN
Performance Cash Award Agreement • May 7th, 2010 • PNM Resources Inc • Electric services • New Mexico

PNM Resources, Inc., a New Mexico corporation, (“PNMR” or the “Company”) hereby awards to «First» «Last», (the “Participant”) a Participant in the PNM Resources, Inc. Second Amended and Restated Omnibus Performance Equity Plan (the “Plan”), as it may be amended, a Performance Cash Award (the “Award”) effective as of the ___ day of March, 2010.

AGL RESOURCES INC.
Performance Cash Award Agreement • August 2nd, 2007 • Agl Resources Inc • Natural gas distribution

This Agreement between AGL Resources Inc. (the “Company”) and the Recipient sets forth the terms of the Performance Cash Award granted under the above-named Plan. Capitalized terms used herein and not otherwise defined shall have the meaning assigned to such terms in the Plan.

PERFORMANCE CASH AWARD AGREEMENT PNM RESOURCES, INC. SECOND AMENDED AND RESTATED OMNIBUS PERFORMANCE EQUITY PLAN
Performance Cash Award Agreement • May 26th, 2009 • PNM Resources Inc • Electric services • New Mexico

PNM Resources, Inc., a New Mexico corporation, (“PNMR” or the “Company”) hereby awards to «First_Name» «Last_Name», (the “Participant”) a Participant in the PNM Resources, Inc. Second Amended and Restated Omnibus Performance Equity Plan (the “Plan”), as it may be amended, a Performance Cash Award (the “Award”) effective as of the 9th day of March, 2009.

SPIRIT AIRLINES, INC.
Performance Cash Award Agreement • May 19th, 2022 • Spirit Airlines, Inc. • Air transportation, scheduled • Delaware

Spirit Airlines, Inc., a Delaware corporation (the “Company”), pursuant to its 2015 Incentive Award Plan, as amended from time to time (the “Plan”), hereby grants to the individual listed below (“Participant”), a Performance Cash Award (the “Performance Cash”). The Performance Cash is subject to all of the terms and conditions set forth herein and in the Performance Cash Award Agreement attached hereto as Exhibit A (the “Performance Cash Award Agreement”) and the Plan, each of which are incorporated herein by reference. Capitalized terms not specifically defined in this Grant Notice and the Performance Cash Award Agreement shall have the meanings specified in the Plan.

THE INTERPUBLIC GROUP OF COMPANIES, INC. 2009 PERFORMANCE INCENTIVE PLAN PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • February 25th, 2011 • Interpublic Group of Companies, Inc. • Services-advertising agencies

THE INTERPUBLIC GROUP OF COMPANIES, INC., a Delaware corporation (the “Company”), hereby grants to the Participant named below a Performance Cash Award (“Performance Cash Award”) to be settled % in cash and % in Shares. The terms and conditions of the Performance Cash Award are set forth in this Award Agreement (this “Agreement”) and The Interpublic Group of Companies, Inc. 2009 Performance Incentive Plan (the “Plan”), which is attached hereto as Exhibit A.

PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • February 24th, 2014 • Interpublic Group of Companies, Inc. • Services-advertising agencies

THE INTERPUBLIC GROUP OF COMPANIES, INC., a Delaware corporation (the "Company"), hereby grants to the Participant named below a Performance Cash Award ("Performance Cash Award") to be settled in cash. The terms and conditions of the Performance Cash Award are set forth in this Award Agreement (this "Agreement"), the Interpublic Group of Companies, Inc. 2009 Performance Incentive Plan (the "Plan"), which is attached hereto as Exhibit A and the addendum to the Award Agreement (the "Addendum") which is attached hereto as Exhibit B.

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UNISYS CORPORATION Performance Cash Award Agreement
Performance Cash Award Agreement • April 29th, 2016 • Unisys Corp • Services-computer integrated systems design
Amendment to BearingPoint, Inc. Performance Cash Award Agreement
Performance Cash Award Agreement • June 5th, 2009 • Bearingpoint Inc • Services-management consulting services

In accordance with the Sections 10 and 17 of the BearingPoint, Inc. Performance Cash Award Agreement (the “Agreement”), the Compensation Committee of the Board of Directors of BearingPoint, Inc. hereby amends the Agreement in order to comply with the requirements of Section 409A of the Internal Revenue Code of 1986, as amended and related regulations or Treasury pronouncements (collectively, “Section 409A”). This amendment shall apply to all previously awarded and outstanding Performance Cash Awards which amendment shall be incorporated as “Exhibit A” to the Agreement (the “Amendment”) and shall become effective upon the close of business on December 31, 2008.

GEOEYE, INC. PERFORMANCE CASH AWARD AGREEMENT _______ GRANT NOTICE
Performance Cash Award Agreement • May 4th, 2012 • GeoEye, Inc. • Communications services, nec • Delaware

Unless otherwise defined herein, the terms defined in the 2010 Omnibus Incentive Plan of GeoEye, Inc., as amended from time to time (“Plan”), shall have the same defined meanings in this Performance Cash Award Agreement, which includes the terms in this Grant Notice (“Grant Notice”) and Appendix A attached hereto (collectively, the “Agreement”).

HAYES LEMMERZ INTERNATIONAL, INC. PERFORMANCE CASH PLAN AWARD AGREEMENT
Performance Cash Award Agreement • July 17th, 2008 • Hayes Lemmerz International Inc • Motor vehicle parts & accessories • Delaware

WHEREAS, the Company desires to grant to the Participant this Award to provide financial incentive for the Participant to achieve strategic performance objectives; and

LEAP WIRELESS INTERNATIONAL, INC. PERFORMANCE CASH AWARD GRANT NOTICE AND PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • May 2nd, 2013 • Leap Wireless International Inc • Radiotelephone communications • Delaware
PERFORMANCE CASH AWARD AGREEMENT PNM RESOURCES, INC. SECOND AMENDED AND RESTATED OMNIBUS PERFORMANCE EQUITY PLAN
Performance Cash Award Agreement • May 26th, 2009 • PNM Resources Inc • Electric services • New Mexico

PNM Resources, Inc., a New Mexico corporation, (“PNMR” or the “Company”) hereby awards to «First» «Last» (the “Participant”), a Participant in the PNM Resources, Inc. Second Amended and Restated Omnibus Performance Equity Plan (the “Plan”), as it may be amended, a Performance Cash Award (the “Award”) effective as of April 27, 2009.

WINTRUST FINANCIAL CORPORATION PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • August 8th, 2013 • Wintrust Financial Corp • State commercial banks • Illinois

This Performance Cash Award Agreement (the “Agreement”) is dated as of XXXX XX, 20XX (the “Grant Date”), by and between Wintrust Financial Corporation, an Illinois corporation (the “Company”), and NAME (the “Participant”) and is governed by the terms of the Wintrust Financial Corporation Long-Term Incentive Program (the “Program”), which was adopted by the Compensation Committee (the “Committee”) of the Board of Directors of the Company under the Wintrust Financial Corporation 2007 Stock Incentive Plan (the “Plan”). Capitalized terms not defined herein shall have the meanings specified in the Program or Plan.

HEALTHWAYS, INC. PERFORMANCE CASH AWARD AGREEMENT (EXECUTIVE OFFICERS AND OTHER SENIOR OFFICERS)
Performance Cash Award Agreement • August 8th, 2014 • Healthways, Inc • Services-misc health & allied services, nec • Delaware

This PERFORMANCE CASH AWARD AGREEMENT (the "Agreement"), dated GRANT DATE, is by and between Healthways, Inc., a Delaware corporation (the "Company"), and PARTICIPANT NAME (the "Grantee"), under the Company's 2014 Stock Incentive Plan (the "Plan"). Terms not otherwise defined herein shall have the meanings given to them in the Plan.

Contract
Performance Cash Award Agreement • June 23rd, 2016 • Western Refining, Inc. • Petroleum refining • Texas

This 2016 Performance Cash Award (the “Award”) is made as of the day of , 2016 (the “Grant Date”), between Western Refining, Inc., a Delaware corporation (the “Company”) and (“Participant”) under the Northern Tier Energy LP (“NTI”) Amended and Restated 2012 Long Term Incentive Plan (the “Plan”). On December 21, 2015, the Company, Western Acquisition Co, LLC (“MergerCo”), an indirect wholly-owned subsidiary of the Company, NTI and Northern Tier Energy GP LLC, (who is also an indirect wholly-owned subsidiary of the Company), entered into an agreement and plan of merger (as such agreement may be amended from time to time, the “Merger Agreement”). Pursuant to the Merger Agreement, MergerCo merged with and into NTI (the “Merger”), with NTI surviving the Merger as an indirect wholly-owned subsidiary of the Company. In connection with the Merger, any outstanding performance-based phantom unit awards and accumulated distribution equivalent rights that the Participant held as of the effective t

THE INTERPUBLIC GROUP OF COMPANIES, INC. 2009 PERFORMANCE INCENTIVE PLAN PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • February 22nd, 2013 • Interpublic Group of Companies, Inc. • Services-advertising agencies

THE INTERPUBLIC GROUP OF COMPANIES, INC., a Delaware corporation (the "Company"), hereby grants to the Participant named below a Performance Cash Award ("Performance Cash Award") to be settled 50% in cash and 50% in Shares. The terms and conditions of the Performance Cash Award are set forth in this Award Agreement (this "Agreement") and The Interpublic Group of Companies, Inc. 2009 Performance Incentive Plan (the "Plan"), which is attached hereto as Exhibit A.

PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • August 3rd, 2017 • Arizona Public Service Co • Electric & other services combined

THIS AWARD AGREEMENT is made and entered into as of May 10, 2017, by and between Pinnacle West Capital Corporation (the “Company”), and Donald E. Brandt (“Employee”).

FORM OF SIMMONS FIRST NATIONAL CORPORATION PERFORMANCE CASH AWARD AGREEMENT Grant Details
Performance Cash Award Agreement • May 7th, 2024 • Simmons First National Corp • National commercial banks • Arkansas

This Performance Cash Award Agreement (this “Agreement”), dated as of the award date indicated (the “Award Date”) on the Grant Details page (as defined below), is made between Simmons First National Corporation, an Arkansas corporation (the “Company”), and the individual whose name is indicated on the Grant Details page (the “Participant”).

CRA INTERNATIONAL, INC. CASH INCENTIVE PLAN PERFORMANCE CASH AWARD AGREEMENT
Performance Cash Award Agreement • December 12th, 2016 • Cra International, Inc. • Services-legal services • Massachusetts

This Award and any distributions of cash payable in respect thereof are subject to the Company’s stock and cash ownership guidelines, as in effect from time to time (the “Ownership Guidelines”).

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