Common use of EBT Clause in Contracts

EBT. 2.7.1 RPS confirms that, as at 16 September 2022, the RPS Employee Benefit Trust (EBT) held 735,473 RPS Shares. 2.7.2 Tetra Tech and RPS agree that RPS will request that the trustee of the EBT use any RPS Shares it holds to satisfy, firstly, outstanding awards under the RPS Share Plans which would otherwise have been settled by way of the issue of new RPS Shares as far as possible in priority to the issue of any new RPS Shares and, secondly and only if all such awards are settled without the issue of new RPS Shares, other outstanding awards under the RPS Share Plans as far as possible in priority to the purchase of existing RPS Shares to satisfy such awards. 2.7.3 To the extent there are insufficient RPS Shares in the EBT to satisfy all outstanding awards under the RPS Share Plans, and/or there are outstanding awards under the RPS Share Plans which will be settled in cash or bonuses or other cash payments that will be paid in relation to the RPS Share Plans (including the bonuses described in paragraph 2.4.4), Tetra Tech and RPS agree that RPS will request that the trustee of the EBT use any cash it holds to settle outstanding awards under the RPS Share Plans, or such bonuses or other cash payments in cash; or to subscribe for new RPS Shares or to purchase existing RPS Shares to satisfy outstanding awards under the RPS Share Plans, at RPS's discretion.

Appears in 1 contract

Sources: Cooperation Agreement (Tetra Tech Inc)

EBT. 2.7.1 RPS confirms that, as at 16 September 2022, the RPS Employee Benefit Trust (EBT) held 735,473 RPS Shares.Shares.β€Œ 2.7.2 Tetra Tech and RPS agree that RPS will request that the trustee of the EBT use any RPS Shares it holds to satisfy, firstly, outstanding awards under the RPS Share Plans which would otherwise have been settled by way of the issue of new RPS Shares as far as possible in priority to the issue of any new RPS Shares and, secondly and only if all such awards are settled without the issue of new RPS Shares, other outstanding awards under the RPS Share Plans as far as possible in priority to the purchase of existing RPS Shares to satisfy such awards. 2.7.3 To the extent there are insufficient RPS Shares in the EBT to satisfy all outstanding awards under the RPS Share Plans, and/or there are outstanding awards under the RPS Share Plans which will be settled in cash or bonuses or other cash payments that will be paid in relation to the RPS Share Plans (including the bonuses described in paragraph 2.4.4), Tetra Tech and RPS agree that RPS will request that the trustee of the EBT use any cash it holds to settle outstanding awards under the RPS Share Plans, or such bonuses or other cash payments in cash; or to subscribe for new RPS Shares or to purchase existing RPS Shares to satisfy outstanding awards under the RPS Share Plans, at RPS's discretion.

Appears in 1 contract

Sources: Cooperation Agreement