Common use of Notice of Intent to Exercise Clause in Contracts

Notice of Intent to Exercise. Equity Appreciation Rights shall vest (“Vest”) subject to the terms of this Section and those of Section 4 below. Notwithstanding anything contained herein, the Administrator shall have the ability to (i) amend and modify existing Hurdle Amounts to effectuate the intent of Section 3(d) of this Agreement and Sections 5.6, 6.3 and 6.4 of the Plan, and within the limits set forth in such sections and (ii) establish new Hurdle Amounts (as defined below). At any time within any Window Period after the date on which an Equity Appreciation Right is Vested pursuant to the terms of this Award Agreement (and before the Equity Appreciation Right expires or is forfeited), the Participant may irrevocably offer to have the Parent (or Division) exchange Vested Equity Appreciation Rights (such vested Equity Appreciation Rights offered shall be referred to as the “Exercised Rights”) for Share Equivalency Units to subsequently be redeemed for payment, pursuant to the terms and conditions of Sections 5.1 and 3 of the Plan. The Participant shall make an offer to have the Exercised Rights exchanged and redeemed only by delivering an Exercise Notice (substantially in the form attached as Exhibit A) (or other notification consistent with the Parent’s procedures in connection with an Electronic Exercise, as the case may be) to the Parent, and therein setting forth the Vested Equity Appreciation Rights offered to the Parent for exchange and redemption. Within fourteen (14) calendar days of the Parent’s receipt of the Participant’s Exercise Notice, the Parent will provide the Participant with a written notice, indicating the number of Share Equivalency Units that Participant is entitled to as a result of the Exercise Notice (the “Share Equivalency Unit Notice”) in accordance with Article V of the Plan. The Base Value for purposes of calculating the Appreciation Value of the Equity Appreciation Rights under this Award Agreement shall be $0.17.

Notice of Intent to Exercise. Equity Appreciation Rights shall vest (“Vest”) subject to the terms of this Section and those of Section 4 below. Notwithstanding anything contained herein, the Administrator shall have the ability to (i) amend and modify existing Hurdle Amounts to effectuate the intent of Section 3(d) of this Agreement and Sections 5.6, 6.3 and 6.4 of the Plan, and within the limits set forth in such sections and (ii) establish new Hurdle Amounts (as defined below). At any time within any Window Period after the date on which an Equity Appreciation Right is Vested pursuant to the terms of this Award Agreement (and before the Equity Appreciation Right expires or is forfeited), the Participant may irrevocably offer to have the Parent (or Division) exchange Vested Equity Appreciation Rights (such vested Equity Appreciation Rights offered shall be referred to as the “Exercised Rights”) for Share Equivalency Units to subsequently be redeemed for payment, pursuant to the terms and conditions of Sections 5.1 and 3 of the Plan. The Participant shall make an offer to have the Exercised Rights exchanged and redeemed only by delivering an Exercise Notice (substantially in the form attached as Exhibit A) (or other notification consistent with the Parent’s procedures in connection with an Electronic Exercise, as the case may be) to the Parent, and therein setting forth the Vested Equity Appreciation Rights offered to the Parent for exchange and redemption. Within fourteen (14) calendar days of the Parent’s receipt of the Participant’s Exercise Notice, the Parent will provide the Participant with a written notice, indicating the number of Share Equivalency Units that Participant is entitled to as a result of the Exercise Notice (the “Share Equivalency Unit Notice”) in accordance with Article V of the Plan. The Base Value for purposes of calculating the Appreciation Value of the Equity Appreciation Rights under this Award Agreement shall be $0.170.27.

Notice of Intent to Exercise. Equity Appreciation Rights shall vest (“Vest”) subject to the terms of this Section and those of Section 4 below. Notwithstanding anything contained herein, the Administrator shall have the ability to (i) amend and modify existing Hurdle Amounts to effectuate the intent of Section 3(d) of this Agreement and Sections 5.6, 6.3 and 6.4 of the Plan, and within the limits set forth in such sections and (ii) establish new Hurdle Amounts (as defined below)) and to amend and modify existing Hurdle Amounts. At any time within any Window Period after the date on which an Equity Appreciation Right is Vested pursuant to the terms of this Award Agreement (and before the Equity Appreciation Right expires or is forfeited), the Participant may irrevocably offer to have the Parent (or Division) exchange Vested Equity Appreciation Rights (such vested Equity Appreciation Rights offered shall be referred to as the “Exercised Rights”) for Share Equivalency Units to subsequently be redeemed for payment, pursuant to the terms and conditions of Sections 5.1 and 3 of the Plan. The Participant shall make an offer to have the Exercised Rights exchanged and redeemed only by delivering an Exercise Notice (substantially in the form attached as Exhibit A) (or other notification consistent with the Parent’s procedures in connection with an Electronic Exercise, as the case may be) to the Parent, and therein setting forth the Vested Equity Appreciation Rights offered to the Parent for exchange and redemption. Within fourteen (14) calendar days of the Parent’s receipt of the Participant’s Exercise Notice, the Parent will provide the Participant with a written notice, indicating the number of Share Equivalency Units that Participant is entitled to as a result of the Exercise Notice (the “Share Equivalency Unit Notice”) in accordance with Article V of the Plan. The Base Value for purposes of calculating the Appreciation Value of the Equity Appreciation Rights under this Award Agreement shall be $0.17.

Notice of Intent to Exercise. Equity Appreciation Rights shall vest (“Vest”) subject to the terms of this Section and those of Section 4 below. Notwithstanding anything contained herein, the Administrator shall have the ability to (i) amend and modify existing Hurdle Amounts to effectuate the intent of Section 3(d) of this Agreement and Sections 5.6, 6.3 and 6.4 of the Plan, and within the limits set forth in such sections and (ii) establish new Hurdle Amounts (as defined below)) and to amend and modify existing Hurdle Amounts. At any time within any Window Period after the date on which an Equity Appreciation Right is Vested pursuant to the terms of this Award Agreement (and before the Equity Appreciation Right expires or is forfeited), the Participant may irrevocably offer to have the Parent (or Division) exchange Vested Equity Appreciation Rights (such vested Equity Appreciation Rights offered shall be referred to as the “Exercised Rights”) for Share Equivalency Units to subsequently be redeemed for payment, pursuant to the terms and conditions of Sections 5.1 and 3 of the Plan. The Participant shall make an offer to have the Exercised Rights exchanged and redeemed only by delivering an Exercise Notice (substantially in the form attached as Exhibit A) (or other notification consistent with the Parent’s procedures in connection with an Electronic Exercise, as the case may be) to the Parent, and therein setting forth the Vested Equity Appreciation Rights offered to the Parent for exchange and redemption. Within fourteen (14) calendar days of the Parent’s receipt of the Participant’s Exercise Notice, the Parent will provide the Participant with a written notice, indicating the number of Share Equivalency Units that Participant is entitled to as a result of the Exercise Notice (the “Share Equivalency Unit Notice”) in accordance with Article V of the Plan. The Base Value for purposes of calculating the Appreciation Value of the Equity Appreciation Rights under this Award Agreement shall be $0.170.20.

Notice of Intent to Exercise. Equity Appreciation Rights shall vest (“Vest”) subject to the terms of this Section and those of Section 4 below. Notwithstanding anything contained herein, the Administrator shall have the ability to (i) amend and modify existing Hurdle Amounts to effectuate the intent of Section 3(d) of this Agreement and Sections 5.6, 6.3 and 6.4 of the Plan, and within the limits set forth in such sections and (ii) establish new Hurdle Amounts (as defined below). At any time within any Window Period after the date on which an Equity Appreciation Right is Vested pursuant to the terms of this Award Agreement (and before the Equity Appreciation Right expires or is forfeited), the Participant may irrevocably offer to have the Parent (or Division) exchange Vested Equity Appreciation Rights (such vested Equity Appreciation Rights offered shall be referred to as the “Exercised Rights”) for Share Equivalency Units to subsequently be redeemed for payment, pursuant to the terms and conditions of Sections 5.1 and 3 of the Plan. The Participant shall make an offer to have the Exercised Rights exchanged and redeemed only by delivering an Exercise Notice (substantially in the form attached as Exhibit A) (or other notification consistent with the Parent’s procedures in connection with an Electronic Exercise, as the case may be) to the Parent, and therein setting forth the Vested Equity Appreciation Rights offered to the Parent for exchange and redemption. Within fourteen (14) calendar days of the Parent’s receipt of the Participant’s Exercise Notice, the Parent will provide the Participant with a written notice, indicating the number of Share Equivalency Units that Participant is entitled to as a result of the Exercise Notice (the “Share Equivalency Unit Notice”) in accordance with Article V of the Plan. The Base Value for purposes of calculating the Appreciation Value of the Equity Appreciation Rights under this Award Agreement shall be $0.170.20.

Notice of Intent to Exercise. Equity Appreciation Rights shall vest (“Vest”) subject to the terms of this Section and those of Section 4 below. Notwithstanding anything contained herein, the Administrator shall have the ability to (i) amend and modify existing Hurdle Amounts to effectuate the intent of Section 3(d) of this Agreement and Sections 5.6, 6.3 and 6.4 of the Plan, and within the limits set forth in such sections and (ii) establish new Hurdle Amounts (as defined below)) and to amend and modify existing Hurdle Amounts. At any time within any Window Period after the date on which an Equity Appreciation Right is Vested pursuant to the terms of this Award Agreement (and before the Equity Appreciation Right expires or is forfeited), the Participant may irrevocably offer to have the Parent (or Division) exchange Vested Equity Appreciation Rights (such vested Equity Appreciation Rights offered shall be referred to as the “Exercised Rights”) for Share Equivalency Units to subsequently be redeemed for payment, pursuant to the terms and conditions of Sections 5.1 and 3 of the Plan. The Participant shall make an offer to have the Exercised Rights exchanged and redeemed only by delivering an Exercise Notice (substantially in the form attached as Exhibit A) (or other notification consistent with the Parent’s procedures in connection with an Electronic Exercise, as the case may be) to the Parent, and therein setting forth the Vested Equity Appreciation Rights offered to the Parent for exchange and redemption. Within fourteen (14) calendar days of the Parent’s receipt of the Participant’s Exercise Notice, the Parent will provide the Participant with a written notice, indicating the number of Share Equivalency Units that Participant is entitled to as a result of the Exercise Notice (the “Share Equivalency Unit Notice”) in accordance with Article V of the Plan. The Base Value for purposes of calculating the Appreciation Value of the Equity Appreciation Rights under this Award Agreement shall be $0.170.27.