Common use of PSUs Clause in Contracts

PSUs. Subject to the last sentence of this Section 4(c), on the Commencement Date, Executive shall receive a one-lime grant of performance stock units of the Company (the “PSU’s”) issued under the Company’s Amended and Restated 2009 Equity Incentive Plan (the “2009 Plan”) equal to a number of shares of the Company’s common stock, par value $0,001 per share (the “Common Stock”) with a Fair Market Value (as defined below) on the Commencement Date of One Million Four Hundred Thousand Dollars ($1,400,000) (the “Award”). The number of PSU’s to be issued shall be determined by dividing $1,400,000 by the Fair Market Value. The PSU’s shall be subject to the terms and conditions of the 2009 Plan and a Performance Stock Unit Award Agreement, substantially in the form annexed hereto as Exhibit A (the “Award Agreement”) and which Award Agreement shall set forth, in addition to measurement dates and targets to be mutually agreed upon by the Company and Executive, the following terms and conditions:

PSUs. Subject to the last sentence of this Section 4(c), on On the Commencement Date, Executive shall receive a one-lime time grant of performance stock units of the Company (the “PSU’s”) issued under the Company’s Amended and Restated 2009 Equity Incentive Plan (the “2009 Plan”) equal to a number of shares of the Company’s common stock, par value $0,001 0.001 per share (the “Common Stock”) with a Fair Market Value (as defined below) on the Commencement Date of One Million Four Eight Hundred Seventy-Five Thousand Dollars ($1,400,0001,875,000) (the “PSU Award”). The number of PSU’s to be issued shall be determined by dividing $1,400,000 1,875,000 by the Fair Market Value. The PSU’s shall be subject to the terms and conditions of the 2009 Plan and a Performance Stock Unit Award Agreement, substantially in the form annexed hereto as Exhibit A (the “PSU Award Agreement”) and which PSU Award Agreement shall set forth, in addition to measurement dates and targets to be mutually agreed upon by the Company and Executive, the following terms and conditions:

PSUs. Subject to the last sentence of this Section 4(c), on On the Commencement Date, Executive shall receive a one-lime time grant of performance stock units of the Company (the “PSU’s”) issued under the Company’s Amended and Restated 2009 Equity Incentive Plan (the “2009 Plan”) equal to a number of shares of the Company’s common stock, par value $0,001 0.001 per share (the “Common Stock”) with a Fair Market Value (as defined below) on the Commencement Date of One Million Four Eight Hundred Seventy-Five Thousand Dollars ($1,400,000875,000) (the “PSU Award”). The number of PSU’s to be issued shall be determined by dividing $1,400,000 875,000 by the Fair Market Value. The PSU’s shall be subject to the terms and conditions of the 2009 Plan and a Performance Stock Unit Award Agreement, substantially in the form annexed hereto as Exhibit A (the “PSU Award Agreement”) and which PSU Award Agreement shall set forth, in addition to measurement dates and targets to be mutually agreed upon by the Company and Executive, the following terms and conditions: