Treatment of Equity Awards. Upon a Change of Control, all equity awards with time-based vesting shall immediately vest and become non-forfeitable and each equity award with performance vesting shall vest at the greater of (i) the target amount of the award, if applicable, as determined in Section 2(c), or (ii) an amount based on the Employers’ performance from the commencement of the performance period through the end of the calendar month immediately preceding the Change in Control, multiplied by a fraction, the numerator of which shall be the number of days the Executive was employed by the Employers from the commencement of the performance period through the date of the first event constituting a Change in Control and the denominator of which shall be the total number of days in the performance period.
Appears in 6 contracts
Samples: Employment Agreement (Behringer Harvard Reit I Inc), Employment Agreement (Behringer Harvard Reit I Inc), Employment Agreement (Behringer Harvard Reit I Inc)
