Performance Units Agreement Sample Contracts

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THE J. M. SMUCKER COMPANY PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • August 28th, 2024 • J M SMUCKER Co • Canned, fruits, veg, preserves, jams & jellies • Ohio

WHEREAS, ___________ (the “Grantee”) is an employee of The J. M. Smucker Company, an Ohio corporation (the “Company”), or one of its Subsidiaries; and

PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • August 26th, 2021 • Regis Corp • Services-personal services • Minnesota

THIS PERFORMANCE UNITS AGREEMENT (the “Agreement”), dated as of November 11, 2019 (the “Grant Date”), is between Regis Corporation, a Minnesota corporation (the “Company”), and Kersten Zupfer (the “Participant”).

REGIS CORPORATION PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • August 23rd, 2018 • Regis Corp • Services-personal services • Minnesota

THIS PERFORMANCE UNITS AGREEMENT (the “Agreement”), dated as of ___________, 20__ (the “Grant Date”), is between Regis Corporation, a Minnesota corporation (the “Company”), and _____________ (the “Participant”).

PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • January 31st, 2017 • Cdi Corp • Services-help supply services • Pennsylvania
THE HAIN CELESTIAL GROUP, INC. PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • May 9th, 2019 • Hain Celestial Group Inc • Food and kindred products • New York

This Performance Units Agreement (this “Agreement”) is made and entered into as of [l] (the “Grant Date”) by and between The Hain Celestial Group, Inc., a Delaware corporation (the “Company”) and [l] (the “Participant”).

EX-10.1 2 d277612dex101.htm FORM OF PERFORMANCE UNIT AGREEMENT [EMPL_NAME] Employee ID: [EMPLID] Grant Number: [GRANT_ID] APPLIED MATERIALS, INC. PERFORMANCE UNITS AGREEMENT NOTICE OF GRANT
Performance Units Agreement • May 5th, 2020 • California

Applied Materials, Inc. (the “Company”) hereby grants you, [EMPL_NAME] (the “Employee”), an award of Performance Units under the Company’s Employee Stock Incentive Plan (the “Plan”). The date of this Performance Units Agreement (the “Agreement”) is [GRANT_DT] (the “Grant Date”). Subject to the provisions of the Terms and Conditions of Performance Units Agreement (the “Terms and Conditions”), which constitute part of this Agreement, and of the Plan, the principal features of this Award are as follows:

NEW JERSEY RESOURCES CORPORATION Performance Units Agreement
Performance Units Agreement • January 25th, 2007 • New Jersey Resources Corp • Natural gas distribution • New Jersey

This Performance Units Agreement (the “Agreement”), which includes the attached “Terms and Conditions of Performance Units” (the “Terms and Conditions”) and the attached Exhibit A captioned “Performance Goal and Earning of Performance Units”, confirms the grant on ___, ___(the “Grant Date”) by NEW JERSEY RESOURCES CORPORATION, a New Jersey corporation (the “Company”), to (“Employee”), under Sections 6(e), 6(i) and 7 of the 2007 Stock Award and Incentive Plan (the “Plan”), of Performance Units (the “Units”), including rights to Dividend Equivalents as specified herein, as follows:

PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • February 27th, 2012 • Peabody Energy Corp • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT (the “Agreement”), effective ___________ (the “Grant Date”), is made by and between PEABODY ENERGY CORPORATION, a Delaware corporation (the “Company”), and the undersigned employee of the Company or a Subsidiary (as defined below) or an Affiliate (as defined below) of the Company (the “Grantee”).

THE HAIN CELESTIAL GROUP, INC. PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • February 9th, 2016 • Hain Celestial Group Inc • Food and kindred products • New York

This Performance Units Agreement (this "Agreement") is made and entered into as of [DATE] (the "Grant Date") by and between The Hain Celestial Group, Inc., a Delaware corporation (the "Company") and [EMPLOYEE NAME] (the "Participant").

PARTS iD, INC. PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • May 10th, 2021 • PARTS iD, Inc. • Services-advertising agencies • Delaware

Parts iD, Inc. has granted to the Participant named in the Notice of Grant of Performance Units (the “Grant Notice”) to which this Performance Units Agreement (the “Agreement”) is attached an Award consisting of performance units (each a “Unit”) subject to the terms and conditions set forth in the Grant Notice and this Agreement (including Exhibit A hereto). The Award has been granted pursuant to and shall in all respects be subject to the terms and conditions of the Parts iD, Inc. 2020 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, 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 Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Award (the “Plan Prospectus”), (b) a

NOBLE ENERGY, INC. 2004 LONG-TERM INCENTIVE PROGRAM PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • February 7th, 2005 • Noble Energy Inc • Crude petroleum & natural gas • Texas

THIS AGREEMENT, made and entered into as of , by and between NOBLE ENERGY, INC., a Delaware corporation (the “Company”), and (“Employee”),

BIGCOMMERCE HOLDINGS, INC. PERFORMANCE UNITS AGREEMENT (For U.S. Participants)
Performance Units Agreement • March 8th, 2024 • BigCommerce Holdings, Inc. • Services-prepackaged software • Delaware

BigCommerce Holdings, Inc. has granted to the Participant named in the Notice of Grant of Performance Units (the “Grant Notice”) to which this Performance Units Agreement (the “Agreement”) is attached an Award consisting of Performance Units (each a “Unit”) subject to the terms and conditions set forth in the Grant Notice and this Agreement. The Award has been granted pursuant to and shall in all respects be subject to the terms and conditions of the BigCommerce Holdings, Inc. 2020 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, 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 Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Award (the “Plan Prospectus”), (b) accept

NS GROUP, INC. NON-EQUITY PLAN PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • August 8th, 2006 • Ns Group Inc • Steel works, blast furnaces & rolling mills (coke ovens) • Kentucky

This Agreement (the “Agreement”) is made as of _______, 20___ (the “Date of Grant”), by and between NS Group, Inc., a Kentucky corporation (the “Company”), and _____________ (the “Grantee”).

NEW JERSEY RESOURCES CORPORATION Performance Units Agreement
Performance Units Agreement • February 6th, 2009 • New Jersey Resources Corp • Natural gas distribution • New Jersey

This Performance Units Agreement (the “Agreement”), which includes the attached “Terms and Conditions of Performance Units” (the “Terms and Conditions”) and the attached Exhibit A captioned “Performance Goal and Earning of Performance Units”, confirms the grant on _________ __, ____ (the “Grant Date”) by NEW JERSEY RESOURCES CORPORATION, a New Jersey corporation (the "Company"), to ("Employee"), under Sections 6(e), 6(i) and 7 of the 2007 Stock Award and Incentive Plan (the "Plan"), of Performance Units (the "Units"), including rights to Dividend Equivalents as specified herein, as follows:

Contract
Performance Units Agreement • February 24th, 2010 • Peabody Energy Corp • Bituminous coal & lignite surface mining

This 2009 Amendment (the “Amendment”) is entered into effective December 31, 2009, and amends the Performance Units Agreement dated January 5, 2009 (the “Grant Agreement”) between Peabody Energy Corporation (the “Company”) and Gregory H. Boyce (the “Grantee”).

APPLIED MATERIALS, INC. PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • February 20th, 2014 • Applied Materials Inc /De • Semiconductors & related devices • California

Applied Materials, Inc. (the “Company”) hereby grants you, [EMPL_NAME] (the “Employee”), an award of Performance Units under the Company’s Employee Stock Incentive Plan (the “Plan”). The date of this Performance Units Agreement (the “Agreement”) is [GRANT_DT] (the “Grant Date”). Subject to the provisions of the Terms and Conditions of Performance Units Agreement (the “Terms and Conditions”) [and Exhibit(s) [__]] (attached), which constitute part of this Agreement, and of the Plan, the principal features of this Award are as follows:

Contract
Performance Units Agreement • May 7th, 2010 • Peabody Energy Corp • Bituminous coal & lignite surface mining

This 2010 Amendment (the “Amendment”) is entered into effective March 17, 2010, and further amends the Performance Units Agreement dated January 2, 2008 (the “Grant Agreement”) between Peabody Energy Corporation (the “Company”) and Gregory H. Boyce (the “Grantee”).

Form of Tesoro Corporation 2006 Long-Term Incentive Plan Performance Units Agreement
Performance Units Agreement • August 8th, 2011 • Tesoro Corp /New/ • Petroleum refining
Contract
Performance Units Agreement • February 24th, 2010 • Peabody Energy Corp • Bituminous coal & lignite surface mining

This 2009 Amendment (the “Amendment”) is entered into effective December 31, 2009, and amends the Performance Units Agreement dated January 2, 2008 (the “Grant Agreement”) between Peabody Energy Corporation (the “Company”) and Gregory H. Boyce (the “Grantee”).

PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • April 25th, 2014 • Peabody Energy Corp • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT (the “Agreement”), effective January 2, 2014 (the “Grant Date”), is made by and between PEABODY ENERGY CORPORATION, a Delaware corporation (the “Company”), and the undersigned employee of the Company or a Subsidiary (as defined below) or an Affiliate (as defined below) of the Company (the “Grantee”).

Execution Version
Performance Units Agreement • March 5th, 2015 • Cdi Corp • Services-help supply services
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FORM OF LETTER AGREEMENT REGARDING PERFORMANCE UNITS GRANTED TO EXECUTIVE OFFICERS DURING FISCAL 2004
Performance Units Agreement • January 26th, 2005 • Bj Services Co • Oil & gas field services, nec
ALERIS INTERNATIONAL, INC. PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • December 20th, 2005 • Aleris International, Inc. • Secondary smelting & refining of nonferrous metals • Delaware

This PERFORMANCE UNITS AGREEMENT (the “Agreement”) is entered into by and between Aleris International, Inc., a Delaware corporation (the “Company”), and (the “Grantee”), pursuant to the terms and conditions of the Aleris International, Inc. 2004 Equity Incentive Plan (the “Plan”), a copy of which is attached hereto and incorporated in this agreement by reference. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Plan.

ADAPTIVE BIOTECHNOLOGIES CORPORATION PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • May 4th, 2022 • Adaptive Biotechnologies Corp • Biological products, (no disgnostic substances) • Washington

Adaptive Biotechnologies Corporation has granted to the Participant named in the Notice of Grant of Performance Units (the “Grant Notice”) to which this Performance Units Agreement (the “Agreement”) is attached an Award consisting of Performance Units (each a “Unit”) subject to the terms and conditions set forth in the Grant Notice and this Agreement. The Award has been granted pursuant to and shall in all respects be subject to the terms and conditions of the Adaptive Biotechnologies Corporation 2019 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, 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 Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Award (the “Plan Pros

NS GROUP, INC. EQUITY PLAN PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • May 17th, 2005 • Ns Group Inc • Steel works, blast furnaces & rolling mills (coke ovens) • Kentucky

This Agreement (the “Agreement”) is made as of ___, 20___(the “Date of Grant”), by and between NS Group, Inc., a Kentucky corporation (the “Company”), and ___(the “Grantee”).

Contract
Performance Units Agreement • May 7th, 2010 • Peabody Energy Corp • Bituminous coal & lignite surface mining

This 2010 Amendment (the “Amendment”) is entered into effective March 17, 2010, and further amends the Performance Units Agreement dated January 5, 2009 (the “Grant Agreement”) between Peabody Energy Corporation (the “Company”) and Gregory H. Boyce (the “Grantee”).

FORM OF LETTER AGREEMENT REGARDING PERFORMANCE UNITS [Date]
Performance Units Agreement • November 23rd, 2004 • Bj Services Co • Oil & gas field services, nec
PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • February 28th, 2008 • Peabody Energy Corp • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT, dated January 2, 2007 (the “Grant Date”), is made by and between PEABODY ENERGY CORPORATION, a Delaware corporation (the “Company”), and the undersigned employee of the Company or a Subsidiary (as defined below) or an Affiliate (as defined below) of the Company (“Grantee”).

PERFORMANCE UNITS AGREEMENT
Performance Units Agreement • August 7th, 2009 • Peabody Energy Corp • Bituminous coal & lignite surface mining • Delaware

THIS AGREEMENT, effective January 5, 2009 (the “Grant Date”), is made by and between PEABODY ENERGY CORPORATION, a Delaware corporation (the “Company”), and the undersigned employee of the Company or a Subsidiary (as defined below) or an Affiliate (as defined below) of the Company (the “Grantee”).

PERFORMANCE UNITS
Performance Units Agreement • March 5th, 2015 • Cdi Corp • Services-help supply services
AMENDMENT TO THE
Performance Units Agreement • February 27th, 2008 • Noble Energy Inc • Crude petroleum & natural gas

WHEREAS, the Company and Employee have heretofore entered into a Performance Units Agreement dated February 1, 2006 (the “Agreement”); and

ON24, INC. PERFORMANCE UNITS AGREEMENT (For U.S. Participants)
Performance Units Agreement • December 30th, 2022 • On24 Inc. • Services-prepackaged software • Delaware

ON24, Inc. has granted to the Participant named in the Notice of Grant of Performance Units (the “Grant Notice”) to which this Performance Units Agreement (the “Agreement”) is attached an Award consisting of Performance Units (each a “Unit”) subject to the terms and conditions set forth in the Grant Notice and this Agreement. The Award has been granted pursuant to and shall in all respects be subject to the terms and conditions of the ON24, Inc. 2021 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, 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 Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Award (the “Plan Prospectus”), (b) accepts the Award subject to all of th

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