The Restricted Stock. Unit Award granted hereunder is subject to terms and provisions substantially identical to those of the Plan applicable to similar awards granted under the Plan. Participant hereby acknowledges that a copy of the Plan has been delivered to Participant and accepts the Restricted Stock Unit Award hereunder subject to terms and provisions substantially identical to those of the Plan applicable to similar awards granted under the Plan, which are incorporated herein by reference. In the event of a conflict or ambiguity between any term or provision contained in this Agreement and a term or provision of the Plan, the Plan will govern and prevail. The construction of and decisions under the Plan (as applicable to the Restricted Stock Unit Award) and this Agreement are vested in the Board, whose determinations shall be final, conclusive and binding upon Participant.
The Restricted Stock. Unit Award shall vest on the dates and in relation to the number of Shares set forth in the Notice. In the event of a Change in Control, the Grantee’s death or Disability, or the Grantee’s Retirement prior to the latest vesting date set forth in the Notice, the Restricted Stock Unit Award shall immediately vest in full with respect to all Shares not previously vested pursuant to the immediately preceding sentence. In the event of the Grantee’s death, the Grantee’s personal representative shall be substituted for the Grantee each time the Grantee is referred to herein.
The Restricted Stock. Unit Award is intended to comply with the requirements of Section 409A of the Code or an exemption or exclusion therefrom and shall in all respects be administered in accordance with Section 409A of the Code. If a Restricted Stock Unit does not constitute a “nonqualified deferred compensation arrangement” subject to Section 409A of the Code, then the Restricted Stock Unit shall be settled no later than the March 15th following the calendar year in which it became vested.
The Restricted Stock. Unit Grant Agreements by and between the Company on the one hand and Apostolos Zafolias, Xxxxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxxx Xxxxxxxxxxx, or Xxx Xxxxxxxxx on the other hand dated as of February 25, 2020 and February 23, 2021 are hereby amended by replacing Section 6(b) thereof in its entirety with the following:
The Restricted Stock. Unit subject to this grant shall become unrestricted and vested pro rata on each of the first three anniversaries of the Grant Date specified above (one-third of the total grant per year), provided the Participant is then employed by the Company and/or one of its Subsidiaries or Affiliates.
The Restricted Stock. Unit Award Agreement will contain reasonable provisions governing the disposition of the Executive Equity Interest, including a right of first refusal for the Parent and/or KPS with respect to any proposed sale of Executive’s units; provided, however, that the effect of such provisions shall be no less favorable than the corresponding provisions applicable to equity interests held by KPS or any affiliate of KPS; and provided further that the Restricted Stock Unit Award Agreement shall include the applicable terms set forth on the “Equity Matrix,” attached hereto and made a part hereof as Appendix A.
The Restricted Stock. Unit Award evidenced by this Agreement is granted pursuant to the Plan, a copy of which Plan has been made available to Service Provider and is hereby incorporated into this Agreement. This Agreement is subject to and in all respects limited and conditioned as provided in the Plan. All defined terms of the Plan shall have the same meaning when used in this Agreement. The Plan governs this Restricted Stock Award and, in the event of any questions as to the construction of this Agreement or in the event of a conflict between the Plan and this Agreement, the Plan shall govern, except as the Plan otherwise provides.
The Restricted Stock. Unit Award shall vest, and the Transfer Restrictions with respect to the shares underlying the Restricted Stock Unit Award shall lapse, on the first (1st) anniversary of the Grant Date (the “Vesting Date”), provided the Grantee continues to be serving as an employee of the Company until such Vesting Date; provided, further, that the Restricted Stock Unit Award shall vest, and the Transfer Restrictions shall lapse, if sooner, on the date of any one
The Restricted Stock
