Examples of Equity Award Value in a sentence
For purposes of Section 8(d)(ii)(C), in the event that the Employee’s termination (or with respect to Section 9, a Change in Control) occurs prior to the Executive receiving three (3) Annual Grants, then the amount in Section 8(d)(ii)(C) shall be determined based on the Equity Award Value of Annual Grants (if any) made to the Employee during the Employment Term prior to the Employee’s termination (or with respect to Section 9, the Change in Control).
For purposes of Section 8(d)(ii)(C), in the event that the Employee’s termination occurs prior Executive receiving two (2) Annual Grants, then the amount in Section 8(d)(ii)(C) shall be determined based on the Equity Award Value of Annual Grants made to the Employee during the Employment Term prior to the Employee’s termination (if any).
For the avoidance of doubt, Equity Award Value shall not include the Time Vesting LTIP Units or the Performance Vesting LTIP Units granted pursuant to Section 2(b)(iii) above or the value of any equity award granted to the Executive pursuant to a multi-year performance program, long-term performance program, initial hiring award, retention award or similar non-recurring award.
For purposes of this Agreement, “Equity Award Adjustment Amount” means an amount (positive or negative) equal to the product of (a) the difference of (i) the Seller Closing Equity Award Value minus (ii) the Seller Pre-Signing Equity Award Value, multiplied by (b) sixty percent (60%).
The number of shares of Restricted Stock subject to this Agreement, together with the number of shares of restricted stock of CSWI subject to the restricted share award granted to the Holder by CSWI in connection with the Share Distribution and this Agreement (the “CSWI Restricted Share Award”) shall, if necessary, be reduced, in the aggregate, by such number of shares, if any, as is necessary to cause the Equity Award Value to not exceed the Total Payout Amount.