Performance Unit Agreement Sample Contracts

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CAPSTEAD MORTGAGE CORPORATION PERFORMANCE UNIT AGREEMENT FOR EXECUTIVE EMPLOYEES
Performance Unit Agreement • January 12th, 2021 • Capstead Mortgage Corp • Real estate investment trusts • Maryland

THIS PERFORMANCE UNIT AGREEMENT (this “Agreement”) made and entered into as of the [___] day of [___________], 20[__], effective as of the date hereof (hereinafter called the “Award Date”), by and between Capstead Mortgage Corporation, a Maryland corporation (“Capstead” or the “Company”), and « Name» (the “Grantee”).

IRON MOUNTAIN INCORPORATED Iron Mountain Incorporated 2014 Stock and Cash Incentive Plan
Performance Unit Agreement • April 25th, 2019 • Iron Mountain Inc • Real estate investment trusts • Massachusetts

This Performance Unit Agreement and the associated grant award information (the “Customizing Information”), which Customizing Information is provided in written form or is available in electronic form from the recordkeeper for the Iron Mountain Incorporated 2014 Stock and Cash Incentive Plan, as amended and in effect from time to time (the “Plan”), is made as of the date shown as the “Grant Date” in the Customizing Information (the “Grant Date”) by and between Iron Mountain Incorporated, a Delaware corporation (the “Company”), and the individual identified in the Customizing Information (the “Recipient”). This instrument and the Customizing Information are collectively referred to as the “Performance Unit Agreement.”

PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • November 26th, 2018 • Varian Medical Systems Inc • Electromedical & electrotherapeutic apparatus • California

Varian Medical Systems, Inc. (the “Company”) hereby awards to the designated employee (“Employee”), Performance Units under the Company’s Fifth Amended and Restated 2005 Omnibus Stock Plan (the “Plan”). The Performance Units awarded under this Performance Unit Agreement (the "Agreement") consist of the right to receive shares of common stock of the Company (“Shares”). The Grant Date is the date of this Agreement (the “Grant Date”). Subject to the provisions of Appendix A of this Agreement ("Appendix A") (attached) and of the Plan, the principal features of this award are as follows:

Performance Units
Performance Unit Agreement • March 2nd, 2021 • Oceaneering International Inc • Oil & gas field services, nec • Texas

This 2021 PERFORMANCE UNIT AGREEMENT (this “Agreement”) is between OCEANEERING INTERNATIONAL, INC. (the “Company”) and ____________________ (the “Participant”), an employee of the Company or one of its Subsidiaries, regarding an award (this “2021 Performance Award”) of ____________________ units (the “Performance Units”), each representing an initial notional value of $100, under the 2020 INCENTIVE PLAN OF OCEANEERING INTERNATIONAL, INC. (the “Plan”), awarded to the Participant effective February 26, 2021 (the “Award Date”), and subject to the following terms and conditions:

L3 TECHNOLOGIES, INC. AMENDED AND RESTATED PERFORMANCE UNIT AGREEMENT (Version 2018)
Performance Unit Agreement • May 1st, 2018 • L3 Technologies, Inc. • Radio & tv broadcasting & communications equipment • New York

This Performance Unit 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).

FORM OF PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • May 7th, 2013 • Xl Group PLC • Fire, marine & casualty insurance • New York

WHEREAS, the Company regards Grantee as a valuable employee of the Company and has determined it to be in the interest of the Company to grant to Grantee an award of Performance Units pursuant to Article VII of the Company’s 1991 Performance Incentive Program (the “Plan”);

Date of Grant: Grant Price: Employee: Employee Number: Threshold/Target/Maximum No. of Performance Units: Performance Unit Agreement (Award Pursuant to 2016 Employee Equity Incentive Plan, as amended)
Performance Unit Agreement • March 10th, 2021 • Aegion Corp • Water, sewer, pipeline, comm & power line construction

This Agreement certifies that you have been awarded the number of performance units shown above (“Performance Units”), effective as of the date of grant set forth above (“Date of Grant”). Subject to the vesting and other provisions below, each Performance Unit represents the obligation of Aegion Corporation (the “Company”) to transfer one share of Class A common stock, par value $0.01 per share (“Common Stock”) to you at the time provided in this Agreement. This award (the “Award”) is granted to you pursuant to the 2016 Employee Equity Incentive Plan, as amended (the “Plan”), and is subject to the terms, conditions and restrictions in the Plan and those set forth below. Any capitalized, but undefined, term used in this Agreement shall have the meaning ascribed to it in the Plan.

CHART INDUSTRIES, INC. PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • February 22nd, 2018 • Chart Industries Inc • Fabricated plate work (boiler shops) • Delaware

THIS PERFORMANCE UNIT AGREEMENT (the “Agreement”), is entered into as of this [[grantdatewords]] (the “Grant Date”), by and between Chart Industries, Inc., a Delaware corporation (the “Company”), and [[FIRSTNAME]] [[LASTNAME]] (the “Grantee”).

CHART INDUSTRIES, INC. PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • February 28th, 2024 • Chart Industries Inc • Fabricated plate work (boiler shops) • Delaware

THIS PERFORMANCE UNIT AGREEMENT (the “Agreement”), is entered into as of this [[GRANT DATE]] (the “Grant Date”), by and between Chart Industries, Inc., a Delaware corporation (the “Company”), and [[FIRSTNAME]] [[LASTNAME]] (the “Grantee”).

HOLLY ENERGY PARTNERS, L.P. LONG-TERM INCENTIVE PLAN PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • November 3rd, 2021 • Holly Energy Partners Lp • Pipe lines (no natural gas) • Texas

This Performance Unit Agreement (the “Agreement”) is made and entered into by and between Holly Logistic Services, L.L.C., a Delaware limited liability company (the “Company”), and you. This Agreement is entered into as of the ___ day of _________, 2021 (the “Date of Grant”).

FOXHOLLOW TECHNOLOGIES, INC.
Performance Unit Agreement • May 9th, 2007 • Foxhollow Technologies, Inc. • Surgical & medical instruments & apparatus • California

Unless otherwise defined herein, the terms defined in the 2004 Equity Incentive Plan (the “Plan”) shall have the same defined meanings in this Performance Unit Agreement (the “Agreement”). Performance Units are also referred to as Restricted Stock Units, or RSUs.

PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • May 4th, 2016 • EnLink Midstream Partners, LP • Natural gas transmission • Delaware

THIS PERFORMANCE UNIT AGREEMENT (this “Agreement”) is entered into by and between EnLink Midstream, LLC, a Delaware limited liability company (the “Company”), and _________________ (“Participant”) as of the Grant Date.

EX-10.23 9 rezi-ex1023_290.htm EX-10.23 AMENDED AND RESTATED 2018 STOCK INCENTIVE PLAN OF RESIDEO TECHNOLOGIES, INC. AND ITS AFFILIATES FORM OF PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • May 5th, 2020 • Delaware

PERFORMANCE UNIT AGREEMENT (this “Agreement”) as of the [DAY] day of [MONTH, YEAR] (the “Award Date”) between Resideo Technologies, Inc. (the “Company”) and [EMPLOYEE NAME] (the “Participant”).

BAKKT HOLDINGS, INC.
Performance Unit Agreement • May 11th, 2023 • Bakkt Holdings, Inc. • Finance services • Delaware

Unless otherwise defined herein, the terms defined in the Bakkt Holdings, Inc. 2021 Omnibus Employee Incentive Plan (the “Plan”) will have the same meanings in this Performance Unit Agreement which includes the Notice of Performance Unit Grant (the “Notice of Grant”), the Terms and Conditions of Performance Unit Grant, attached hereto as Exhibit A, and all other exhibits, appendices, and addenda attached hereto (the “Award Agreement”).

HOLLY ENERGY PARTNERS, L.P. LONG-TERM INCENTIVE PLAN
Performance Unit Agreement • February 21st, 2018 • Holly Energy Partners Lp • Pipe lines (no natural gas) • Texas

This Performance Unit Agreement (the “Agreement”) is made and entered into by and between Holly Logistic Services, L.L.C., a Delaware limited liability company (the “Company”), and you. This Agreement is entered into as of the ___ day of November, 2017 (the “Date of Grant”).

PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • March 30th, 2006 • Mexican Restaurants Inc • Retail-eating places • Texas

This AGREEMENT made as of August 16, 2005, by and between Mexican Restaurants, Inc. (the "Corporation"), and Dennis Vegas (the "Recipient").

PACKAGING CORPORATION OF AMERICA AMENDED AND RESTATED 1999 LONG-TERM EQUITY INCENTIVE PLAN PERFORMANCE UNIT AGREEMENT-TSR
Performance Unit Agreement • August 2nd, 2019 • Packaging Corp of America • Paperboard containers & boxes • Delaware

This Agreement is entered into between Packaging Corporation of America, a Delaware corporation (the "Company"), and the Participant named above. In consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration, the Company and the Participant hereby agree as follows:

PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • February 21st, 2024 • EnLink Midstream, LLC • Natural gas transmission • Delaware

THIS PERFORMANCE UNIT AGREEMENT (this “Agreement”) is entered into by and between EnLink Midstream, LLC, a Delaware limited liability company (the “Company”), and _____________ (“Participant”) as of the Grant Date (as defined below).

REYNOLDS AMERICAN INC. LONG-TERM INCENTIVE PLAN PERFORMANCE UNIT AGREEMENT DATE OF GRANT: MARCH 6, 2008
Performance Unit Agreement • May 2nd, 2008 • Reynolds American Inc • Cigarettes • North Carolina
Under the 2019 Entergy Corporation Omnibus Incentive Plan
Performance Unit Agreement • February 23rd, 2024 • Entergy New Orleans, LLC • Electric & other services combined • Delaware

Pursuant to the 2019 Entergy Corporation Omnibus Incentive Plan (the “Plan”), you (“you” or “Grantee”) are eligible to participate at a target Achievement Level (as defined below) of that number of performance units (subject to adjustment pursuant to Section 3 of this Agreement, the “Target Performance Units”) (based upon an Achievement Level of 100%) set forth under the heading “Total Granted” on the Performance Unit Grant Notice to which this Agreement is attached (the “Grant Notice”) for the performance period commencing January 1, 2024 and ending December 31, 2026 (the “Performance Period”), subject to the terms of the Plan and to the following terms and conditions:

Coeur Mining, Inc. Performance Unit Agreement
Performance Unit Agreement • August 4th, 2015 • Coeur Mining, Inc. • Gold and silver ores • Delaware

THIS AGREEMENT, effective as of the Date of Grant set forth above, represents the grant of Restricted Stock Units subject to performance conditions (“Performance Units”) by Coeur Mining, Inc., a Delaware corporation (the “Company”), to the Participant named above, pursuant to the provisions of the Plan.

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CHART INDUSTRIES, INC. AMENDED AND RESTATED 2009 OMNIBUS EQUITY PLAN PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • February 25th, 2014 • Chart Industries Inc • Fabricated plate work (boiler shops) • Delaware

THIS PERFORMANCE UNIT AGREEMENT (the “Agreement”), is entered into as of this ___ day of _________, 20___ (the “Grant Date”), by and between Chart Industries, Inc., a Delaware corporation (the “Company”), and ____________________________ (the “Grantee”).

YUM CHINA HOLDINGS, INC. 2022 LONG TERM INCENTIVE PLAN PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • May 8th, 2023 • Yum China Holdings, Inc. • Retail-eating places • Delaware

This PERFORMANCE UNIT AGREEMENT (“Agreement”) is made as of the Grant Date set forth in the Award Notice between YUM CHINA HOLDINGS, INC., a Delaware corporation (the “Company”), and the individual named in the Award Notice (“Participant”).

PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • February 26th, 2010 • NuStar GP Holdings, LLC • Pipe lines (no natural gas)

This Performance Unit Agreement (the “Agreement”) is entered into effective , 2010, by and between NuStar GP, LLC, a Delaware limited liability company (the “Company”), and , a participant (the “Participant”) in the Company’s Second Amended and Restated 2000 Long-Term Incentive Plan (as may be amended, the “Plan”), pursuant to and subject to the provisions of the Plan.

VIAD CORP PERFORMANCE UNIT AGREEMENT Effective as of March 26, 2014
Performance Unit Agreement • March 28th, 2014 • Viad Corp • Services-business services, nec • Delaware

Performance Units are hereby awarded by Viad Corp (Corporation), a Delaware corporation, effective ___________, 20___, to _________ (Employee) in accordance with the following terms and conditions:

PERFORMANCE UNIT AGREEMENT (TIME VESTING) BIO-TECHNE CORPORATION SECOND AMENDED AND RESTATED
Performance Unit Agreement • August 25th, 2021 • BIO-TECHNE Corp • Biological products, (no disgnostic substances) • Minnesota

THIS AGREEMENT is made effective as of [●], by and between Bio-Techne Corporation, a Minnesota corporation (the “Company”), and [●] (“Participant”).

CAREER EDUCATION CORPORATION PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • March 6th, 2015 • Career Education Corp • Services-educational services • Delaware

This PERFORMANCE UNIT AGREEMENT (this “Agreement”) dated (the “Grant Date”) is by and between Career Education Corporation, a Delaware corporation (the “Company”), and (the “Grantee”).

PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • February 9th, 2021 • Amgen Inc • Biological products, (no disgnostic substances) • Delaware

On the Grant Date specified in the Award Notice, Amgen Inc., a Delaware corporation (the “Company”), has granted to you, the grantee named in the Award Notice, under the Amgen Inc. Amended and Restated 2009 Equity Incentive Plan, as amended and/or restated from time to time (the “Plan”), the Number of Performance Units (the “Performance Units”) specified in the Award Notice on the terms and conditions set forth in this Performance Unit Agreement (and any applicable additional terms and conditions for your country set forth in the attached Appendix A (as described in greater detail in Section XIV below)) (collectively, this “Agreement”), the Plan, the Amgen Inc. 2009 Performance Award Program, as amended and/or restated from time to time (the “Program”) and the Resolutions (as defined in the Award Notice). Capitalized terms not defined herein shall have the meanings assigned to such terms in the Program.

SECOND AMENDED AND RESTATED HUDSON PACIFIC PROPERTIES, INC. AND HUDSON PACIFIC PROPERTIES, L.P. 2010 INCENTIVE AWARD PLAN PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • May 9th, 2023 • Hudson Pacific Properties, L.P. • Real estate • Maryland

In consideration of the mutual agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Hudson Pacific Properties, L.P., a Maryland limited partnership (the “Partnership”), hereby issues to [______] (the “Participant”), as of [______], an award of Performance Units (as defined in the Partnership Agreement) under the Plan and pursuant to the terms herein (the “Award”). The Performance Units constitute Profits Interest Units as defined in the Plan.

PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • November 21st, 2016 • Ashland Global Holdings Inc • Wholesale-chemicals & allied products

This Award is granted under, and subject to, all the terms and conditions of the Long-Term Incentive Plan Program Memorandum (“LTIP”) (Attachment 2) and the Plan, including, but not limited to, the forfeiture provision of Section 16(H) of the Plan. Capitalized terms used but not defined in this Agreement shall have the meanings given such terms in the Plan or the LTIP, as applicable.

PERFORMANCE UNIT AGREEMENT BIO-TECHNE CORPORATION SECOND AMENDED AND RESTATED
Performance Unit Agreement • August 25th, 2021 • BIO-TECHNE Corp • Biological products, (no disgnostic substances) • Minnesota

THIS AGREEMENT is made effective as of [●], by and between Bio-Techne Corporation, a Minnesota corporation (the “Company”), and [●] (“Participant”).

PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • March 1st, 2021 • DIEBOLD NIXDORF, Inc • Calculating & accounting machines (no electronic computers) • Ohio

This Performance Unit 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 Jeffrey Rutherford (the “Participant”).

PPL Corporation Amended and Restated 2012 Stock Incentive Plan Performance Unit Agreement
Performance Unit Agreement • February 22nd, 2018 • PPL Electric Utilities Corp • Electric services • Pennsylvania

PERFORMANCE UNIT AGREEMENT (the “Agreement”) dated as of the Date of Grant set forth in the Notice of Grant (as defined below), by and between PPL Corporation, a Pennsylvania corporation (the “Company”), and the participant whose name appears on the Notice of Grant (the “Participant”).

TRUSTMARK CORPORATION PERFORMANCE UNIT AGREEMENT
Performance Unit Agreement • May 7th, 2024 • Trustmark Corp • National commercial banks • Mississippi

This Performance Unit Agreement (“Agreement”) between you and Trustmark Corporation, a Mississippi corporation (“Trustmark”), evidences a grant of Performance Units (the “Award”) under the Trustmark Corporation Stock and Incentive Compensation Plan (the “Plan”), as of <<grant date>> (the “Award Date”). This Agreement is subject to the terms and conditions of the Plan. In the event of any inconsistency or conflict between this Award Agreement and the Plan, the Plan shall govern.

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