HEADWATERS INCORPORATED PERFORMANCE UNIT AWARD AGREEMENTHeadwaters Incorporated • February 6th, 2009 • Headwaters Inc • Miscellaneous products of petroleum & coal
Headwaters Incorporated (the “Company”) has granted you a Performance Unit award (“Award”) under the 2005 Headwaters Incorporated Long-Term Incentive Plan (the “Plan”), subject to the following terms and conditions of this agreement (the “Agreement”). Each of the capitalized terms herein shall have the meaning given it by the Plan except if the context of such term clearly assumes a different meaning.
HEADWATERS INCORPORATED LONG TERM INCENTIVE COMPENSATION PLAN NON-EMPLOYEE DIRECTOR RESTRICTED STOCK UNIT AWARD AGREEMENTHeadwaters Incorporated • February 6th, 2009 • Headwaters Inc • Miscellaneous products of petroleum & coal • Delaware
WHEREAS, the Company has adopted the Headwaters Incorporated Long Term Incentive Compensation Plan (the “Plan”) authorizing the grant of awards of Restricted Stock Units to eligible individuals in connection with the performance of services for the Company and its Subsidiaries (as defined in the Plan). The Plan, including the definition of terms, is incorporated in this Agreement by reference and made a part of it. In the event of any conflict among the provisions of the Plan documents and this Agreement, the Plan documents shall prevail; and
