Equity Sample Clauses

Equity. (a) In addition to the 356,916 total shares of the Company’s Common Stock that the Executive received pursuant to the terms of the Restricted Stock Agreements dated November 19, 2007 (the “November Stock Agreement”) and October 17, 2006, respectively, the Company shall issue to the Executive upon the date hereof or as soon thereafter as practicable 983.300 shares of Common Stock of the Company as an award of restricted stock under the Company’s 2006 Stock Incentive Plan pursuant to the terms of the restricted stock agreement attached hereto as Exhibit B and subject to the payment by the Executive to the Company of an amount equal to the Company’s withholding obligation with respect to federal, state, local and other taxes in respect of the shares to be issued to the Executive pursuant to the terms of such restricted stock agreement. (b) The Company agrees that following each and any issuance by the Company of shares of its capital stock in a financing during the term of this Agreement and within six months after the date hereof, the Company shall (i) advise the Executive of the number of shares of Common Stock which, if issued to the Executive, would result in the aggregate number of shares of Common Stock owned by the Executive or subject to outstanding stock options held by the Executive at such time representing five and one-half percent (5.5%) of the Company’s Common Stock immediately following such issuance (as calculated on a fully-diluted basis to include shares of Common Stock issuable upon conversion of then outstanding convertible preferred stock, issuable upon exercise of then outstanding stock options and warrants and otherwise authorized for issuance pursuant to the Company’s 2006 Stock Incentive Plan), and (ii) issue to the Executive as soon thereafter as practicable (A) such number of shares of Common Stock as an award of restricted stock under the Company’s 2006 Stock Incentive Plan pursuant to the terms of the restricted stock agreement attached hereto as Exhibit C and subject to the payment by the Executive to the Company of an amount equal to the Company’s withholding obligation with respect to federal, state, local and other taxes in respect of the shares to be issued to the Executive under such restricted stock agreement, or (B) stock options under the Company’s 2006 Stock Incentive Plan to purchase such number of shares of Common Stock at an exercise price per share equal to the fair market value of one share of Common Stock on the da...

Equity. The equity awards held by the Executive shall continue to be governed by the terms and conditions of the Company’s applicable equity incentive plan(s) and the applicable award agreement(s) governing the terms of such equity awards held by the Executive (collectively, the “Equity Documents”); provided, however, and notwithstanding anything to the contrary in the Equity Documents, Section 6(a)(ii) of this Agreement shall apply in the event of a termination by the Company without Cause or by the Executive for Good Reason in either event within the Change in Control Period (as such terms are defined below).

Equity. Party B will not issue, purchase or redeem any equity or debt securities of Party B.

Equity. The Recipient is to consider Gender Based Analysis Plus (“GBA+”) lenses when undertaking a project.

Equity. All shares of restricted stock granted to the Executive by the Company shall become vested in full upon the termination. Additionally, if the termination occurs prior to the Performance Share Vesting Date, the vesting of 100% of the Target Number of Performance Shares shall be accelerated and such Performance Shares shall be deemed Vested Performance Shares effective as of the date of the termination. The vesting of all Unvested Common Shares issued in settlement of the Performance Share Award shall be accelerated in full effective as of the date of such termination. Except as set forth in this Section 8(e)(i)(c), the treatment of stock options, performance share awards and all other equity awards granted to the Executive by the Company that remain outstanding immediately prior to the date of such Change in Control shall be determined in accordance with their terms.

Equity. Vesting acceleration of one hundred percent (100%) of Executive’s outstanding unvested Equity Awards on the date of Executive’s termination. If, however, an outstanding Equity Award is to vest and/or the amount of the Equity Award to vest is to be determined based on the achievement of performance criteria, then the Equity Award will vest as to one hundred percent (100%) of the amount of the Equity Award assuming the performance criteria had been achieved at target levels for the relevant performance period(s).

Equity. Executive will be eligible to receive awards of stock options, restricted stock units or other equity awards pursuant to any plans or arrangements the Company may have in effect from time to time. The Board (or its compensation committee) will determine in its discretion whether Executive will be granted any such equity awards and the terms of any such award in accordance with the terms of any applicable plan or arrangement that may be in effect from time to time, provided that in no case will the terms of any such award deviate from the accelerated vesting provisions set forth elsewhere herein.

Equity. Promptly, and in no event later than three Business Days of the date of the issuance by any Borrower or any of its Subsidiaries of any Equity Interests (other than (A) in the event that any Borrower or any of its Subsidiaries forms any Subsidiary in accordance with the terms hereof, the issuance by such Subsidiary of Equity Interests to such Borrower or such Subsidiary, as applicable, (B) the issuance of Equity Interests by Administrative Borrower to any Person that is an equity holder of Administrative Borrower prior to such issuance (a “Subject Holder”) so long as such Subject Holder did not acquire any Equity Interests of Administrative Borrower so as to become a Subject Holder concurrently with, or in contemplation of, the issuance of such Equity Interest to such Subject Holder, (C) the issuance of Equity Interests of Administrative Borrower to directors, officers and employees of Administrative Borrower and its Subsidiaries pursuant to employee stock option plans (or other employee incentive plans or other compensation arrangements) approved by the Board of Directors, (D) the issuance of Equity Interests of Administrative Borrower in order to finance the purchase consideration (or a portion thereof) in connection with a Permitted Acquisition, (E) the issuance of Equity Interests of Administrative Borrower in connection with the raising of Curative Equity, (F) the issuance of Equity interests of Administrative Borrower solely to repay all or a portion of the Xxxxxxx Capital Facility, and (G) the issuance of Equity Interests by a Subsidiary of a Borrower to its parent or member in connection with the contribution by such parent or member to such Subsidiary of the proceeds of an issuance described in clauses (A) – (F) above), Borrowers shall prepay the outstanding principal amount of the Obligations in accordance with Section 2.4(f)(ii) in an amount equal to 100% of the Net Cash Proceeds received by such Person in connection with such issuance. The provisions of this Section 2.4(e)(iv) shall not be deemed to be implied consent to any such issuance otherwise prohibited by the terms of this Agreement.

Equity i) Subject to approval by the Board of Directors, Executive will be granted an option to purchase 1,600,000 shares of Company common stock at an exercise price equal to the fair market value of the shares on the date of grant as determined by the Board of Directors, in its sole discretion (the “Option A”). The Option A will be immediately exercisable as to all shares and will vest as follows: 1/4th of the total number of shares subject to the Option A shall vest on the one-year anniversary of the Start Date, and 1/48th of the total number of shares subject to the Option A shall vest on each monthly anniversary thereafter, in each case, so long as Executive remains an employee of the Company, so that all shares subject to the Option A shall have vested after 48 months following the Start Date. ii) Subject to approval by the Board of Directors, Executive will be granted an additional option to purchase 800,000 shares of Company common stock at an exercise price equal to the fair market value of the shares on the date of the grant as determined by the Board of Directors, in its sole discretion (the “Option B” and together with Option A, the “Options”). The Option B will be immediately exercisable as to all shares. The Option B will become eligible to vest contingent on achievement (as determined by the Company, in its sole discretion) by the one-year anniversary of the Start Date of the performance objectives to be agreed upon within the first thirty (30) days following the Start Date, and subject to Executive remaining an employee of the Company as of the date(s) the Company determines whether the performance objectives have been achieved. If the Option B becomes eligible to vest, it will vest as follows: 1/4th of the total number of shares subject to the Option B shall vest on the one-year anniversary of the Start Date, and 1/48th of the total number of shares subject to the Option B shall vest on each monthly anniversary thereafter, in each case, so long as Executive remains an employee of the Company, so that all shares subject to the Option B shall have vested after 48 months following the Start Date. iii) The Options will be subject to the terms of the Company’s 2010 Equity Incentive Plan (the “Plan”) and the standard Stock Option Agreement (except as contemplated by this Agreement), and further subject to applicable federal and state securities laws. In the event Executive elects to exercise either or both of the Options as to some or all of the shares...

Equity. The Company’s Compensation and Human Capital Committee has determined that the Executive is eligible to participate in the Company’s LTI good leaver program (the “LTI Program”), such that, in accordance with and subject to the terms of the LTI Program, a pro-rata portion (the “Pro-Rated Amount”) of each outstanding equity award over the Company’s common stock held by the Executive on the Separation Date, which award has not been internally designated as a “Founders Grant” and which award has been held by the Executive, as of the Separation Date, for at least one (1) year from the applicable date of grant thereof, shall remain outstanding and shall continue to vest, in substantially equal amounts, over the remaining vesting schedule of the award, subject to the Executive’s continued compliance in all material respects with the terms of this Agreement. The Pro-Rated Amount shall be determined using the following formula (the “Pro-Ration Formula”): (a) divided by (b) multiplied by (c) minus (d), where: (a) is number of the days the Executive was employed during the award’s aggregate vesting period; (b) is the total number of days in the award’s aggregate vesting period; (c) is the total number of shares originally subject to the award; and (d) is the number of shares subject to the award that have already vested. Any equity award that was granted subject to both performance-based and service-based vesting and for which performance has already been measured, including, for the avoidance of doubt, any such equity award granted by General Electric Company (“GE”) and assumed by the Company, shall be treated as described above. However, with respect to equity awards that are subject to both performance-based and service-based vesting and for which performance has not yet been measured, the Pro-Ration Formula shall apply to the lesser of the number of shares issuable upon target level of performance and actual performance. In addition, notwithstanding anything to the contrary in the applicable award agreement, the Pro-Rated Amount of each outstanding stock option held by the Executive shall remain exercisable until the applicable original option expiration date (as set forth in the applicable option award agreement). For the avoidance of doubt, (i) no portion of any Founders Grant shall be pro- rated and (ii) each outstanding award other than the Pro-Rated Amount thereof shall be governed by the terms and conditions of the applicable award agreement as in effect on...