LTIP Awards. ▇▇▇▇▇ will continue to be entitled to receive (if applicable) one hundred percent (100%) of his regular award of vested Common Stock (the “LTIP Stock”) under the Company’s Performance Long Term Incentive Plan (the “LTIP”), with the amount of such LTIP Stock to be determined and issued in accordance with the terms and provisions of the LTIP. The issuance of the LTIP Stock to ▇▇▇▇▇ as provided for above shall occur, if applicable, concurrently with the issuance of LTIP Stock to the Company’s officers, but no later than March 15, 2018. Should ▇▇▇▇▇ (i) voluntarily resign from his officer positions with the Company prior to the Retirement Date or (ii) voluntarily resign from the Board, in each case prior to payment of any amount of LTIP Stock as provided for herein, ▇▇▇▇▇’▇ right to receive LTIP Stock from and after that time shall terminate. Notwithstanding any provisions of this Agreement, the Plan, or the LTIP to the contrary, in the event a Change in Control occurs on or within twelve (12) months following the Retirement Date with a company with whom ▇▇▇▇▇ had Contact About a Potential Transaction (as defined in Section 2(a) of this Agreement) prior to his Retirement Date, then the Company shall issue to ▇▇▇▇▇, as an additional retirement benefit, fully vested shares of the Company’s Common Stock in an amount equal to the number of shares ▇▇▇▇▇ would have received pursuant to the LTIP had he remained employed with the Company through the Change in Control.
Appears in 2 contracts
Sources: Retirement Agreement, Retirement Agreement (Biodelivery Sciences International Inc)