Performance Stock Option Agreement Sample Contracts

EXHIBIT 10.43
Performance Stock Option Agreement • March 21st, 2002 • Plains Resources Inc • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware
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NU SKIN ENTERPRISES, INC. THIRD AMENDED AND RESTATED 2010 OMNIBUS INCENTIVE PLAN PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • February 11th, 2021 • Nu Skin Enterprises, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Utah

This Performance Stock Option Agreement, Participant’s award information (the “Award Summary”), which can be accessed on the Morgan Stanley stock plan website (currently www.stockplanconnect.com) or the website of any other stock plan administrator selected by the Company in the future, and the Appendix for Participant’s country contained in this agreement, if any, (collectively, this “Agreement”) set forth the terms and conditions of the Performance Stock Options granted to Participant under the Third Amended and Restated Nu Skin Enterprises, Inc. 2010 Omnibus Incentive Plan (the “Plan”). In the event of a conflict between (i) the terms and conditions of the Plan; and (ii) the terms and conditions of this Agreement, the terms and conditions of the Plan shall prevail. Unless otherwise defined herein, the capitalized terms in this Agreement shall have the same defined meaning assigned to them in the Plan.

CPI INTERNATIONAL, INC. PERFORMANCE STOCK OPTION AGREEMENT (SENIOR EXECUTIVES)
Performance Stock Option Agreement • December 15th, 2008 • Cpi International, Inc. • Electronic components & accessories • Delaware

THIS PERFORMANCE STOCK OPTION AGREEMENT (the “Agreement”) is made and entered into as of the date of grant set forth on Exhibit A hereto by and between CPI International, Inc., a Delaware corporation (the “Company”), and the individual (the “Optionee”) set forth on Exhibit A.

KADMON HOLDINGS, INC. PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • March 7th, 2019 • Kadmon Holdings, Inc. • Pharmaceutical preparations • Delaware

Kadmon Holdings, Inc. (the “Company”) has granted to the Participant named in the Notice of Grant of Stock Option (the “Grant Notice”) to which this Performance Stock Option Agreement (the “Option Agreement”) is attached an option (the “Option”) to purchase certain shares of Stock with the terms and conditions set forth in the Grant Notice and this Option Agreement. The Option has been granted pursuant to, and shall in all respects be subject to, the terms and conditions of the Kadmon Holdings, Inc. 2016 Equity Incentive Plan, as amended (the “Plan”), the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of, and represents that the Participant has read and is familiar with, the Grant Notice, this Option Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of shares issuable pursuant to the Option (the “Plan Prospectus”); (b

PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • February 16th, 2017 • SunCoke Energy, Inc. • Steel works, blast furnaces & rolling mills (coke ovens) • Delaware

This Performance Stock Option Agreement (the “Agreement”) entered into as of __________ (the “Agreement Date”), by and between SunCoke Energy, Inc. (“SunCoke”) and __________________, who is an employee of SunCoke or one of its Affiliates (the “Participant”);

Performance STOCK OPTION AGREEMENT
Performance Stock Option Agreement • November 8th, 2022 • Helios Technologies, Inc. • Miscellaneous fabricated metal products • Florida

THIS PERFORMANCE STOCK OPTION AGREEMENT (the “Agreement”), made effective as of October 1, 2022 (the “Date of Grant”), between HELIOS TECHNOLOGIES, INC, a Florida corporation (the “Corporation”), and Helios Employee (“Participant”).

Viasat, INC. PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • November 9th, 2023 • Viasat Inc • Radio & tv broadcasting & communications equipment • California

Grant: “Target” Number of Options “Maximum” Number of Options Grant Date: Exercise Price Per Share: $ Type of Option: Non-Qualified Stock Option Name: Signature: Expiration Date:

PERFORMANCE STOCK OPTION AGREEMENT UNDER
Performance Stock Option Agreement • August 9th, 2017 • Deckers Outdoor Corp • Rubber & plastics footwear • Delaware

In order to promote Awardee’s long-term commitment to Deckers Outdoor Corporation (the “Company”), to compensate Awardee for the Company’s performance measured on a long-term basis, and to provide an incentive for Awardee to continue to provide Continuous Service to the Company and exert added effort towards its growth and success, the Company hereby grants a nonqualified stock option (the “Option”) to purchase the Total Number of Shares (as listed above) for a per share exercise price equal to the Exercise Price Per Share (as listed above), subject to the terms, restrictions and conditions of the Deckers Outdoor Corporation 2015 Stock Incentive Plan (the “Plan”) and this Performance Stock Option Agreement (the “Agreement”). Any term not defined herein shall have the meaning set forth in the Plan.

PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • May 6th, 2021 • Nielsen Holdings PLC • Services-business services, nec • New York

THIS GRANT is hereby made effective as of the Grant Date set forth on the schedule attached hereto as Schedule A (“Schedule A”, such date, the “Grant Date”) by and between Nielsen Holdings plc, a company incorporated under the laws of England and Wales, having its registered office in the United Kingdom (hereinafter referred to as the “Company”), and the individual whose name is set forth on Schedule A hereof, who is in the Employment of the Company or a Subsidiary (hereinafter referred to as the “Optionee”). Any capitalized terms herein not otherwise defined in this Agreement shall have the meaning set forth in the Nielsen 2019 Stock Incentive Plan (the “Plan”).

NU SKIN ENTERPRISES, INC. AMENDED AND RESTATED 2010 OMNIBUS INCENTIVE PLAN
Performance Stock Option Agreement • February 27th, 2017 • Nu Skin Enterprises Inc • Wholesale-drugs, proprietaries & druggists' sundries • Utah

This Performance Stock Option Agreement and Participant's grant details (the "Grant Summary"), which can be accessed in Participant's My Grants on the Morgan Stanley StockPlanConnect Website at www.stockplanconnect.com or the website of any other stock plan administrator selected by the Company in the future, (collectively, this "Agreement") set forth the terms and conditions of the Performance Options granted to Participant under the Amended and Restated Nu Skin Enterprises, Inc. 2010 Omnibus Incentive Plan (the "Plan"). In the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Agreement, the terms and conditions of the Plan shall prevail. Unless otherwise defined herein, the capitalized terms in this Agreement shall have the same defined meaning assigned to them in the Plan.

PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • November 7th, 2018 • Mitek Systems Inc • Computer peripheral equipment, nec

Mitek Systems, Inc. (the “Company”) hereby grants to you, Scipio “Max” Carnecchia (the “Executive”) an option to purchase that number of shares of Common Stock set forth below (the “Option”), as an inducement grant pursuant to Nasdaq Listing Rule 5635(c)(4) and subject to the terms and conditions below. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Amended and Restated Mitek Systems, Inc. 2012 Incentive Plan (the “Plan”), a copy of which is attached hereto as Attachment 1.

CONSTANT CONTACT, INC. Form of Performance Stock Option Agreement (Revenue Based) Granted Under 2007 Stock Incentive Plan
Performance Stock Option Agreement • March 10th, 2010 • Constant Contact, Inc. • Services-direct mail advertising services
PE BIOSYSTEMS GROUP PERFORMANCE STOCK OPTIONS (Series 1 Performance Options)
Performance Stock Option Agreement • September 8th, 2005 • Applera Corp • Laboratory analytical instruments • Delaware

PERFORMANCE STOCK OPTION AGREEMENT dated as of March 17, 2000 by and between PE Corporation, a Delaware corporation (the “Company”), and «Name», a regular salaried employee of the Company or one of its subsidiaries (“you”).

PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • August 4th, 2016 • Gogo Inc. • Communications services, nec • Delaware

PERFORMANCE STOCK OPTION AGREEMENT (the “Agreement”), dated as of the Grant Date set forth in the Notice of Grant (as defined below), between Gogo Inc., a Delaware corporation (the “Company”), and the Participant whose name appears in the Notice of Grant (the “Participant”), pursuant to the Gogo Inc. 2016 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”). Capitalized terms that are not defined herein shall have the meanings given to such terms in the Plan.

Hudson City Bancorp, Inc. 2006 Stock Incentive Plan Performance Stock Option Agreement
Performance Stock Option Agreement • May 7th, 2010 • Hudson City Bancorp Inc • Savings institutions, not federally chartered • New Jersey

This Performance Stock Option Agreement is intended to set forth the terms and conditions on which a Performance Stock Option (an “Option”) has been granted under the Hudson City Bancorp, Inc. 2006 Stock Incentive Plan (the “Plan”). Set forth below are the specific terms and conditions applicable to this Performance Stock Option. Attached as Exhibit A are its general terms and conditions.

Nektar Therapeutics
Performance Stock Option Agreement • December 17th, 2015 • Nektar Therapeutics • Pharmaceutical preparations

Pursuant to the Stock Option Grant Notice, which may be in such form (including electronic form) as prescribed by the Administrator from time to time (“Option Notice”), and this Performance Stock Option Agreement, Nektar Therapeutics (the “Company”) has granted to you, as of the date of grant specified in the Option Notice (the “Date of Grant”), an option under its 2012 Performance Incentive Plan (the “Plan”) to purchase the number of shares of the Company’s Common Stock indicated in the Option Notice at the exercise price indicated in the Option Notice. Defined terms not explicitly defined in this Stock Option Agreement but defined in the Plan shall have the same definitions as in the Plan.

PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • May 18th, 2001 • Sable Management Lp • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware

THIS AGREEMENT, made as of the 8th day of May, 2001 (the "Grant Date"), between Plains Resources Inc., a Delaware corporation (the "Company"), and James C. Flores (the "Optionee").

PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • May 14th, 2020 • Gogo Inc. • Communications services, nec • Delaware

PERFORMANCE STOCK OPTION AGREEMENT (the “Agreement”), dated as of the Grant Date set forth in the Notice of Grant (as defined below), between Gogo Inc., a Delaware corporation (the “Company”), and the Participant whose name appears in the Notice of Grant (the “Participant”), pursuant to the Amended and Restated Gogo Inc. 2016 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”). Capitalized terms that are not defined herein shall have the meanings given to such terms in the Plan.

Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed. Such omitted information is...
Performance Stock Option Agreement • November 8th, 2021 • 5.11 Abr Corp. • Apparel & other finishd prods of fabrics & similar matl • Delaware

THIS PERFORMANCE STOCK OPTION AGREEMENT (this “Agreement”), made as of (the “Grant Date”) by and between 5.11 ABR Corp., a Delaware corporation (hereinafter called the “Company”), and (hereinafter called the “Optionee”):

VIASAT, INC.
Performance Stock Option Agreement • February 9th, 2018 • Viasat Inc • Radio & tv broadcasting & communications equipment • California

By signing where indicated above, you agree to be bound by the terms and conditions of this Performance Stock Option Award Agreement (the “Agreement”) and the 1996 Equity Participation Plan of ViaSat, Inc. (as amended from time to time, the “Plan”). You acknowledge that you have reviewed and fully understand all of the provisions of this Agreement and the Plan, and have had the opportunity to obtain advice of counsel prior to accepting the grant of Options pursuant to this Agreement. You hereby agree to accept as binding, conclusive and final all decisions or interpretations of the Compensation and Human Resources Committee of the Board (the “Committee”) upon any questions relating to this Agreement and the Plan.

AOL INC. PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • May 9th, 2012 • AOL Inc. • Services-computer processing & data preparation • New York

WHEREAS, the Company has adopted the Plan (as defined below), the terms of which are hereby incorporated by reference and made a part of this Agreement; and

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PERFORMANCE STOCK OPTION AGREEMENT (Non-Qualified Stock Option)
Performance Stock Option Agreement • May 11th, 2022 • STRATA Skin Sciences, Inc. • Surgical & medical instruments & apparatus • Delaware

THIS PERFORMANCE STOCK OPTION AGREEMENT (this "Agreement"), dated as of March 30, 2022 (the "Grant Date"), is between STRATA SKIN SCIENCES, INC., a Delaware corporation (the "Company"), and Robert J. Moccia, an adult individual ("Optionee").

Viasat, INC. PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • February 9th, 2024 • Viasat Inc • Radio & tv broadcasting & communications equipment • California

Grant: “Target” Number of Options “Maximum” Number of Options Grant Date: Exercise Price Per Share: $ Type of Option: Non-Qualified Stock Option Name: Signature: Expiration Date:

Hudson City Bancorp, Inc.
Performance Stock Option Agreement • March 1st, 2007 • Hudson City Bancorp Inc • Savings institutions, not federally chartered • New Jersey

This Performance Stock Option Agreement is intended to set forth the terms and conditions on which a Performance Stock Option (an “Option”) has been granted under the Hudson City Bancorp, Inc. 2006 Stock Incentive Plan (the “Plan”). Set forth below are the specific terms and conditions applicable to this Performance Stock Option. Attached as Exhibit A are its general terms and conditions.

ASTRA SPACE, INC. 2021 OMNIBUS Incentive Plan Performance Stock Option Agreement
Performance Stock Option Agreement • September 22nd, 2021 • Astra Space, Inc. • Transportation services

This agreement (this “Agreement”) evidences a stock option granted by Astra Space, Inc. (the “Company”) to the individual named above (the “Participant”), pursuant to and subject to the terms of the Astra Space, Inc. 2021 Omnibus Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.

NU SKIN ENTERPRISES, INC. SECOND AMENDED AND RESTATED 2010 OMNIBUS INCENTIVE PLAN
Performance Stock Option Agreement • February 27th, 2017 • Nu Skin Enterprises Inc • Wholesale-drugs, proprietaries & druggists' sundries • Utah

This Performance Stock Option Agreement and Participant's grant details (the "Grant Summary"), which can be accessed in Participant's My Grants on the Morgan Stanley StockPlanConnect Website at www.stockplanconnect.com or the website of any other stock plan administrator selected by the Company in the future, and the Appendix for Participant's country, if any, (collectively, this "Agreement") set forth the terms and conditions of the Performance Options granted to Participant under the Second Amended and Restated Nu Skin Enterprises, Inc. 2010 Omnibus Incentive Plan (the "Plan"). In the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Agreement, the terms and conditions of the Plan shall prevail. Unless otherwise defined herein, the capitalized terms in this Agreement shall have the same defined meaning assigned to them in the Plan.

FORM OF PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • November 8th, 2023 • Sphere Entertainment Co. • Services-amusement & recreation services • New York

Pursuant to the 2020 Employee Stock Plan, as amended (the “Plan”) of Sphere Entertainment Co. (the “Company”), on [Date] (the “Effective Date”), you have been awarded nonqualified performance options (the “Options”) to purchase [#shares] shares of the Company’s Class A Common Stock, par value $.01 per share (“Class A Common Stock”) at the per share exercise prices set forth below. The Options are granted subject to approval of the Plan, as amended through December 8, 2023, by the Company’s stockholders at the Company’s 2023 Annual Meeting of Stockholders (the “2023 Annual Meeting”). In the event that the Plan is not approved by the Company’s stockholders at the 2023 Annual Meeting, the provisions of Section 31 below shall apply.

NU SKIN ENTERPRISES, INC. AMENDED AND RESTATED 2010 OMNIBUS INCENTIVE PLAN PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • November 6th, 2013 • Nu Skin Enterprises Inc • Wholesale-drugs, proprietaries & druggists' sundries • Utah

This Performance Stock Option Agreement and Participant's award summary (the "Award Summary"), which can be accessed in Participant's My Awards on the Morgan Stanley Benefit Access Website at www.benefitaccess.com (or the website of any other stock plan administrator selected by the Company in the future) (collectively, this "Agreement") sets forth the terms and conditions of the Options granted to Participant under the Amended and Restated Nu Skin Enterprises, Inc. 2010 Omnibus Incentive Plan (the "Plan"). In the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Agreement, the terms and conditions of the Plan shall prevail. Unless otherwise defined herein, the capitalized terms in this Agreement shall have the same defined meaning assigned to them in the Plan.

ARQULE, INC. PERFORMANCE STOCK OPTION AGREEMENT
Performance Stock Option Agreement • April 10th, 2017 • Arqule Inc • Pharmaceutical preparations • Massachusetts

THIS PERFORMANCE STOCK OPTION AGREEMENT (the “Option Agreement”) is dated as of April 5, 2017 (the “Grant Date”) by and between ArQule, Inc., a Delaware Company (the “Company”), and ____________________ (the “Participant”). Capitalized terms used herein and not otherwise defined shall have the meaning assigned to such terms in the ArQule, Inc. 2014 Equity Incentives Plan (the “Plan”).

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