2004 Long Term Incentive Plan Sample Contracts

AVAYA INC. 2004 LONG TERM INCENTIVE PLAN (“PLAN”) FORM OF PERFORMANCE VESTING RESTRICTED STOCK UNIT AWARD AGREEMENT
2004 Long Term Incentive Plan • December 21st, 2005 • Avaya Inc • Telephone & telegraph apparatus • Delaware

You have been granted as of the Grant Date set forth above, «XX» restricted stock units (“Restricted Stock Units”) (subject to Section 1 below). Upon termination of the restrictions related thereto, each Restricted Stock Unit will be converted into one share of Avaya Inc. (“Avaya” or “Company”) common stock, par value $.01 (“Shares”), subject to the terms and conditions of the Plan and this Agreement.

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DEFERRED STOCK UNIT AWARD AGREEMENT The Men’s Wearhouse, Inc.
2004 Long-Term Incentive Plan • April 20th, 2012 • Mens Wearhouse Inc • Retail-apparel & accessory stores • Texas

This DEFERRED STOCK UNIT AWARD AGREEMENT (this “Agreement”) is made by and between The Men’s Wearhouse, Inc., a Texas corporation (the “Company”), and (the “Executive”) effective as of the day of , 20 ( the “Grant Date”), pursuant to The Men’s Wearhouse, Inc. 2004 Long-Term Incentive Plan, as amended and restated (the “Plan”), a copy of which previously has been made available to the Executive and the terms and provisions of which are incorporated by reference herein.

AVAYA INC. 2004 LONG TERM INCENTIVE PLAN (“PLAN”) RESTRICTED STOCK UNIT AWARD AGREEMENT
2004 Long Term Incentive Plan • December 13th, 2004 • Avaya Inc • Telephone & telegraph apparatus • Delaware

You have been granted as of the Grant Date set forth above, restricted stock units (“Restricted Stock Units”). Upon termination of the restrictions related thereto, each Restricted Stock Unit will be converted into one share of Avaya Inc. (“Avaya”) common stock, par value $.01 (“Shares”), subject to the terms and conditions of the Plan and this Agreement.

AVAYA INC. 2004 LONG TERM INCENTIVE PLAN (“PLAN”) FORM OF PERFORMANCE VESTING RESTRICTED STOCK UNIT AWARD AGREEMENT FOR FISCAL 2007 AWARDS
2004 Long Term Incentive Plan • December 21st, 2006 • Avaya Inc • Telephone & telegraph apparatus • Delaware

You have been granted as of the Grant Date set forth above, «XX» restricted stock units (“Restricted Stock Units”) (subject to Section 1 below). Upon termination of the restrictions related thereto, each Restricted Stock Unit will be converted into one share of Avaya Inc. (“Avaya” or “Company”) common stock, par value $.01 (“Shares”), subject to the terms and conditions of the Plan and this Agreement.

AVAYA INC. 2004 LONG TERM INCENTIVE PLAN (“PLAN”) FORM OF TIME VESTING RESTRICTED STOCK UNIT AWARD AGREEMENT FOR SENIOR OFFICERS
2004 Long Term Incentive Plan • November 7th, 2006 • Avaya Inc • Telephone & telegraph apparatus • Delaware

You have been granted as of the Grant Date set forth above, restricted stock units (“Restricted Stock Units”). Upon termination of the restrictions related thereto, each Restricted Stock Unit will be converted into one share of Avaya Inc. (“Avaya”) common stock, par value $.01 (“Shares”), subject to the terms and conditions of the Plan and this Agreement.

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