Common use of Treatment of Employee Stock Purchase Plan Clause in Contracts

Treatment of Employee Stock Purchase Plan. The current offerings in progress as of the date hereof under the Company’s 2008 Employee Stock Purchase Plan (the “ESPP”) shall continue, and the shares of Company Common Stock shall be issued to participants thereunder on the next currently scheduled purchase dates thereunder occurring after the date hereof as provided under, and subject to the terms and conditions of, the ESPP. In accordance with the terms of the ESPP, any offering in progress as of the Effective Time shall be shortened, and the “Exercise Date” (as defined in the ESPP) shall be the Business Day immediately preceding the Effective Time. Each then outstanding option under the ESPP shall be exercised automatically on such Exercise Date. Notwithstanding any restrictions on transfer of stock in the ESPP, the treatment in the Merger of any shares of Company Common Stock under this provision shall be in accordance with Section 2.1(a). The Company shall terminate the ESPP as of or prior to the Effective Time. The Company shall promptly after the date hereof amend the ESPP as appropriate to avoid the commencement of any new offering of options thereunder at or after the date hereof and prior to the earlier of the termination of this Agreement or the Effective Time.

Treatment of Employee Stock Purchase Plan. The Each current offerings “Offering Period” (as defined in the ESPP) in progress as of the date hereof of this Agreement under the Company’s 2008 Employee Stock Purchase Plan (the “ESPP”) ESPP shall continue, and and, except as otherwise provided in this Section 2.05, the shares of Company Common Stock Shares shall be issued to participants thereunder on the next currently scheduled purchase dates thereunder occurring after the date hereof of this Agreement as provided under, and subject to the terms and conditions of, the ESPP. In accordance with the terms of the ESPP, any offering Any Offering Period in progress as of the Effective Time shall be shortened, and the “Exercise Date” (as defined in the ESPP) last day of each such Offering Period shall be the second Business Day immediately preceding the Effective Time. Each then outstanding option under the ESPP Purchase Right shall be exercised automatically on the last day of such Exercise DateOffering Period. Notwithstanding any restrictions on transfer of stock in the ESPP, the treatment in the Merger of any shares of Company Common Stock Shares under this provision shall be in accordance with Section 2.1(a2.01(a). The Company shall terminate the ESPP as of or immediately prior to the Effective Time. The Company shall shall, promptly after the date hereof amend of this Agreement, take all actions (including, if appropriate, amending the ESPP terms of the ESPP) that are necessary to give effect to the transactions contemplated by this Section 2.05 and as are appropriate to avoid the commencement of any new offering of options Offering Period thereunder at or after the date hereof of this Agreement and prior to the earlier of the termination of this Agreement or the Effective Time.

Treatment of Employee Stock Purchase Plan. The current offerings in progress as of the date hereof under the Company’s 2008 Employee Stock Purchase Plan (the “ESPP”) shall continue, and the shares of Company Common Stock shall be issued to participants thereunder on the next currently scheduled purchase dates thereunder occurring after the date hereof as provided under, and subject to the terms and conditions of, the ESPP. In accordance with the terms of the ESPP, any offering in progress as of the Effective Time shall be shortened, and the “Exercise Date” (as defined in the ESPP) shall be the Business Day business day immediately preceding the Effective Time. Each then outstanding option under the ESPP shall be exercised automatically on such Exercise Date. Notwithstanding any restrictions on transfer of stock in the ESPP, the treatment in the Merger of any shares of Company Common Stock stock under this provision shall be in accordance with Section 2.1(a). The Company shall terminate the ESPP as of or prior to the Effective Time. The Company shall promptly after the date hereof amend the ESPP as appropriate to avoid the commencement of any new offering of options thereunder at or after the date hereof and prior to the earlier of the termination of this Agreement or the Effective Time.

Treatment of Employee Stock Purchase Plan. The current offerings in progress as of the date hereof under the Company’s 2008 2007 Employee Stock Purchase Plan Plan, as amended (the “Company ESPP”) ), shall continue, and the shares of Company Common Stock shall be issued to participants thereunder on the next currently scheduled purchase dates thereunder occurring after the date hereof as provided underhereof, and subject to the terms and conditions of, the Company ESPP. In accordance with the terms of the Company ESPP, any offering in progress as of the Effective Time shall be shortened, and the “Exercise Date” (as defined in the Company ESPP) shall be the Business Day immediately preceding the Effective Time. Each then outstanding option under the Company ESPP shall be exercised automatically on such Exercise Date. Notwithstanding any restrictions on transfer of stock in the Company ESPP, the treatment in the Merger of any shares of Company Common Stock stock under this provision shall be in accordance with Section 2.1(a)2.1. The Company shall terminate the Company ESPP as of or prior to the Effective Time. The Company shall promptly after the date hereof amend the Company ESPP as appropriate to avoid the commencement of any new offering of options thereunder at or after the date hereof and prior to the earlier of the termination of this Agreement or the Effective Time.

Treatment of Employee Stock Purchase Plan. The current offerings in progress as of the date hereof under the Company’s 2008 Nicor Employee Stock Purchase Plan (the “ESPP”) shall continue, and the shares of Company Common Stock shall be issued to participants thereunder on the next currently scheduled purchase dates thereunder occurring after the date hereof as provided under, and subject to the terms and conditions of, the ESPP. In accordance with the terms of the ESPP, any offering in progress as of the Effective Time shall be shortened, and the “Exercise Date” (as defined in the ESPP) shall be the Business Day immediately preceding the Effective TimeTime shall be the price date and purchase date for the ESPP (the “New Price Date”). Each then outstanding option under the ESPP shall be deemed exercised automatically on such Exercise New Price Date. Notwithstanding any restrictions on transfer of stock in the ESPP, the treatment in the Merger of any shares of Company Common Stock Shares under this provision shall be in accordance with Section 2.1(a). The Company shall terminate the ESPP as of or prior to the Effective Time. The Company shall promptly after the date hereof amend the ESPP as appropriate to avoid the commencement of any new offering of options thereunder at or after the date hereof and prior to the earlier of the termination of this Agreement or the Effective Time.

Treatment of Employee Stock Purchase Plan. The current offerings in progress as of the date hereof under the Company’s 2008 2010 Employee Stock Purchase Plan (the “ESPP”) shall continuecontinue in effect and the Company shall not permit participants to increase their rate of contributions for such offering, and the shares of Company Common Stock shall be issued to participants thereunder on the next currently scheduled purchase dates thereunder occurring after the date hereof as provided under, and subject to the terms and conditions of, the ESPP. The Company shall not establish any new offerings under the ESPP following the date hereof. In accordance with the terms of the ESPP, any offering in progress as of the Effective Time shall be shortened, and the “Exercise Date” (as defined in the ESPP) shall be the Business Day business day immediately preceding the Effective Time. Each then outstanding option under the ESPP shall be exercised automatically on such Exercise Date. Notwithstanding any restrictions on transfer of stock in the ESPP, the treatment in the Merger of any shares of Company Common Stock stock under this provision shall be in accordance with Section 2.1(a). The Company shall terminate the ESPP as of or prior to the Effective Time. The Company shall promptly after the date hereof amend the ESPP as appropriate to avoid the commencement of any new offering of options thereunder at or after the date hereof and prior to the earlier of the termination of this Agreement or the Effective Time.

Treatment of Employee Stock Purchase Plan. The Each current offerings “Offering Period” (as defined in the ESPP) in progress as of the date hereof of this Agreement under the Company’s 2008 Employee Stock Purchase Plan (the “ESPP”) ESPP shall continue, and and, except as otherwise provided in this Section 2.05, the shares of Company Common Stock Shares shall be issued to participants thereunder on the next currently scheduled purchase dates thereunder occurring after the date hereof of this Agreement as provided under, and subject to the terms and conditions of, the ESPP. In accordance with the terms of the ESPP, any offering Any Offering Period in progress as of the Effective Time shall be shortened, and the “Exercise Date” (as defined in the ESPP) last day of each such Offering Period shall be the second Business Day immediately preceding the Effective Time. No new Offering Period shall commence under the ESPP at or after the date of this Agreement except, in the case of valid termination of this Agreement in accordance with Section 7.01, following such termination. Each then outstanding option under the ESPP Purchase Right shall be exercised automatically on the last day of such Exercise DateOffering Period. Notwithstanding any restrictions on transfer of stock in the ESPP, the treatment in the Merger of any shares of Company Common Stock Shares under this provision shall be in accordance with Section 2.1(a2.01(a). The Company shall terminate the ESPP as of or immediately prior to the Effective Time. The Company shall shall, promptly after the date hereof amend of this Agreement, take all actions (including, if appropriate, amending the ESPP as appropriate to avoid the commencement of any new offering of options thereunder at or after the date hereof and prior to the earlier terms of the termination of ESPP) that are necessary to give effect to this Agreement or the Effective TimeSection 2.05.

Treatment of Employee Stock Purchase Plan. The current offerings in progress as of the date hereof under the Company’s 2008 's 2000 Employee Stock Purchase Plan (the “ESPP”) shall continue, and the shares of Company Common Stock shall be issued to participants thereunder on the next currently scheduled purchase dates thereunder occurring after the date hereof as provided under, and subject to the terms and conditions of, the ESPP. In accordance with the terms of the ESPP, any offering in progress as of the Effective Time shall be shortened, and the “Exercise Date” (as defined in the ESPP) next purchase date shall be the Business Day business day immediately preceding the Effective Time. Each then outstanding option under the ESPP shall be exercised automatically on such Exercise Datepurchase date. Notwithstanding any restrictions on transfer of stock in the ESPP, the treatment in the Merger of any shares of Company Common Stock stock under this provision shall be in accordance with Section 2.1(a). The Company shall terminate the ESPP as of or prior to the Effective Time. The Company shall promptly after the date hereof amend the ESPP as appropriate to avoid the commencement of any new offering of options thereunder at or after the date hereof and prior to the earlier of the termination of this Agreement or the Effective Time.

Treatment of Employee Stock Purchase Plan. The current offerings in progress as of the date hereof under the Company’s 2008 Amended and Restated Employee Stock Purchase Plan (the “ESPP”) shall continue, and the shares of Company Common Stock Shares shall be issued to participants thereunder on the next currently scheduled purchase dates thereunder occurring after the date hereof as provided under, and subject to the terms and conditions of, the ESPP. In accordance with the terms of the ESPP, any offering in progress as of the Effective Time shall be shortened, and the “Exercise Date” (as defined in the ESPP) shall be the at least five (5) Business Day Days immediately preceding the Effective Time. Each then outstanding option under the ESPP shall be exercised automatically on such Exercise Date. Notwithstanding any restrictions on transfer of stock in the ESPP, the treatment in the Merger of any shares of Company Common Stock stock under this provision shall be in accordance with Section 2.1(a). The Company shall terminate the ESPP as of or prior to the Effective Time. The Company shall promptly after the date hereof amend the ESPP as appropriate to avoid the commencement of any new offering of options thereunder at or after the date hereof and prior to the earlier of the termination of this Agreement or the Effective Time.