SECOND AMENDED AND RESTATED STOCK AND AWARDS PLAN STOCK OPTION GRANT NOTICE AND AGREEMENTStock and Awards Plan • January 6th, 2012 • Smart Balance, Inc. • Food and kindred products • Delaware
Smart Balance, Inc. (the “Company”) is pleased to confirm that you have been granted a stock option award (the “Option”), effective «Grant_Date» (the “Grant Date”). Your Option is subject to the terms of this Stock Option Grant Notice and Agreement (this “Agreement”) and the Second Amended and Restated Smart Balance, Inc. Stock and Awards Plan (the “Plan”), which is incorporated into this Agreement by reference. Initially capitalized terms used in this Agreement and defined in the Plan shall have the meanings given to such terms in the Plan. Copies of the Plan are available from the Compensation Committee of the Company’s Board of Directors (“Committee”).
SMART BALANCE, INC. STOCK AND AWARDS PLAN AMENDED STOCK OPTION AGREEMENTStock and Awards Plan • November 6th, 2008 • Smart Balance, Inc. • Food and kindred products • Delaware
Smart Balance, Inc. (the “Company”) previously granted you a stock option award (“Prior Award”), effective «Grant_Date» (the “Grant Date”) under the terms of the Smart Balance, Inc. Stock and Awards Plan (the “Prior Plan”). The Prior Plan was amended and restated effective August 7, 2008 in the form of the Amended and Restated Smart Balance, Inc. Stock and Awards Plan (“Plan”), which is incorporated into this Agreement by reference. The Award evidenced by this Agreement (the “Option”) amends, restates, and supersedes the Prior Award in all respects in order to bring the Prior Award into compliance with Section 409A of the Internal Revenue Code. It is the intent of the parties that this Option shall not be treated as the grant of a new Award or result in the addition of a deferral feature to the Prior Award for purposes of Section 409A of the Code and Treas. Reg. §§1.409A-1(b)(5)(v), but rather is intended as and shall be construed as an amendment to the Prior Award that does not provid
