Vested Common Shares definition

Vested Common Shares. Except as provided by the Agreement and provided that the Participant’s Service has not terminated prior to the relevant date, the number of Vested Common Shares shall cumulatively increase on each respective date set forth below by the Vested Percentage set forth opposite such date, as follows: Employment Agreement: Executive Employment Agreement between the Company and the Participant, as in effect at any applicable time. By their signatures below or by electronic acceptance or authentication in a form authorized by the Company, the Company and the Participant agree that the Award is governed by this Notice and by the provisions of the Plan and the Performance Share Agreement, both of which are made a part of this document. The Participant acknowledges that copies of the Plan, Performance Share Agreement and the prospectus for the Plan are available on the Company’s internal web site and may be viewed and printed by the Participant for attachment to the Participant’s copy of this Grant Notice. The Participant represents that the Participant has read and is familiar with the provisions of the Plan and Performance Share Agreement, and hereby accepts the Award subject to all of their terms and conditions. ▇▇▇▇ STORES, INC. PARTICIPANT By: Signature Its: Date Address: ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Pleasanton, CA 94588 Address ATTACHMENTS: 2008 Equity Incentive Plan, as amended to the Grant Date, Performance Share Agreement and Plan Prospectus ▇▇▇▇ Stores, Inc. has granted to the Participant named in the Notice of Grant of Performance Shares (the “Grant Notice”) to which this Performance Share Agreement (the “Agreement”) is attached an Award consisting of Performance Shares 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 ▇▇▇▇ Stores, Inc. 2008 Equity Incentive Plan (the “Plan”), as amended to the Grant Date, 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 (the “Plan Prospectus”) in the form most recently prepared in connection with the registration with the Securities and Exchange Commission of shares issuable pursuant to the Plan, (b) accepts the Award subject to all of the terms and conditions of t...

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Vested Common Shares means shares of Common Stock outstanding immediately prior to the Effective Time to the extent such shares have become vested at the Effective Time (including shares that vest as a result of the Merger).

Vested Common Shares means any Common Shares which have become vested in accordance with this Plan.

Examples of Vested Common Shares in a sentence

Vested Common Shares shall be issued in settlement of such Vested Performance Shares on the Settlement Date next following the date of the Executive’s termination of employment.
Vested Common Shares shall be issued in settlement of such Vested Performance Shares on the Settlement Date next following the Executive’s date of death.
Any Performance Shares that become vested pursuant to this Section 8(e)(i)(1) shall be deemed to be Vested Common Shares and settled in full upon the Change in Control.
In the event of the Termination for Cause or Voluntary Termination of the Participant on or after the Settlement Date, no additional Common Shares shall become Vested Common Shares.
For purposes of determining the number of Vested Common Shares following an Ownership Change Event, dividend, distribution or adjustment, credited Service shall include all Service with any corporation which is a Participating Company at the time the Service is rendered, whether or not such corporation is a Participating Company both before and after any such event.
Notwithstanding anything to the contrary herein, upon occurrence of a Change of Control and if the Manager did not elect to sell his Vested Common Shares into the Change of Control transaction, the Company shall have the unconditional right to purchase, at the sole discretion of the Company, all of the Manager's Vested Common Shares (including the COC Vested Common Shares) at the COC Price.
No Common Shares may be sold, exchanged, transferred (including, without limitation, any transfer to a nominee or agent of the Participant), assigned, pledged, hypothecated or otherwise disposed of, including by operation of law, in any manner which violates any of the provisions of this Agreement and, except pursuant to an Ownership Change Event, until the date on which such shares become Vested Common Shares, and any such attempted disposition shall be void.
Subject to the Shareholders Agreement (if relevant), the Manager shall have the right, and, if so demanded by the Board, the obligation to, and the Board shall use reasonable efforts to procure that the Manager is enabled to, sell all of his Vested Common Shares (including the COC Vested Common Shares) to the acquiror | offeror on the effective date of the Change of Control at the COC Price.
In addition, all Unvested Common Shares held by the Manager hereunder are subject to the Repurchase Option and all Vested Common Shares held by the Manager hereunder remain subject to the restrictions set forth in the Shareholders Agreement (as long as applicable) and the Articles.
The aggregate proceeds paid at closing of a Change of Control transaction for COC Vested Common Shares shall be held in escrow with an escrow agent designated by the Company (the Escrow Amount).

More Definitions of Vested Common Shares

Vested Common Shares means all shares of Company Common Stock other than Unvested Common Shares.