Common use of Vesting Upon a Change of Control Clause in Contracts

Vesting Upon a Change of Control. Subject to Section 5(f) below, all of the Restricted Stock (and all Retained Distributions, if any) will vest upon a Change of Control event (as defined below) that occurs during the Term hereof, but only if (i) the Executive has been employed with the Company continuously from the date hereof to the date of the Change of Control and (ii) the Change of Control Price (as defined below) exceeds $3.93 (the closing price of the Company’s Common Stock on the date hereof). However, if the Change of Control event is an event described in Section 3(c)(ii)(A)(2) below, then (subject to Section 5(f) below) vesting under this Section 3(c)(ii) will occur if the Executive has been employed with the Company continuously from the date hereof to the date of the Change of Control, regardless of the Change of Control Price.

Vesting Upon a Change of Control. Subject to Section 5(f) below, all of the Restricted Stock (and all Retained Distributions, if any) will vest upon a Change of Control event (as defined below) that occurs during the Term hereof, but only if (i) the Executive has been employed with the Company continuously from the date hereof to the date of the Change of Control and (ii) the Change of Control Price (as defined below) exceeds $3.93 4.11 (the closing price of the Company’s Common Stock on the date hereof). However, if the Change of Control event is an event described in Section 3(c)(ii)(A)(23(c)(iii)(A)(2) below, then (subject to Section 5(f) below) vesting under this Section 3(c)(ii3(c)(iii) will occur if the Executive has been employed with the Company continuously from the date hereof to the date of the Change of Control, regardless of the Change of Control Price.

Vesting Upon a Change of Control. Subject to Section 5(f) below, all of the Restricted Stock (and all Retained Distributions, if any) will vest upon a Change of Control event (as defined below) that occurs during the Term hereof, but only if (i) the Executive has been employed with the Company continuously from the date hereof to the date of the Change of Control and (ii) the Change of Control Price (as defined below) exceeds $3.93 $ (the closing price of the Company’s Common Stock on the date hereof). However, if the Change of Control event is an event described in Section 3(c)(ii)(A)(2) below, then (subject to Section 5(f) below) vesting under this Section 3(c)(ii) will occur if the Executive has been employed with the Company continuously from the date hereof to the date of the Change of Control, regardless of the Change of Control Price.

Vesting Upon a Change of Control. Subject to Section 5(f) below, all of the Restricted Stock (and all Retained Distributions, if any) will vest upon a Change of Control event (as defined below) that occurs during the Term hereof, but only if (i) the Executive has been employed with the Company continuously from the date hereof to the date of the Change of Control and (ii) the Change of Control Price (as defined below) exceeds $3.93 $ (the closing price of the Company’s Common Stock on the date hereof). However, if the Change of Control event is an event described in Section 3(c)(ii)(A)(23(c)(iii)(A)(2) below, then (subject to Section 5(f) below) vesting under this Section 3(c)(ii3(c)(iii) will occur if the Executive has been employed with the Company continuously from the date hereof to the date of the Change of Control, regardless of the Change of Control Price.