Examples of Company PU in a sentence
Except as permitted by Section 5.1(e) with respect to any Company Stock Options, Company RSU Awards, Company RS Awards, Company PU Awards and Company Deferred Stock Awards, there are no outstanding obligations of the Company or any of its Subsidiaries to repurchase, redeem or otherwise acquire any Company Securities.
As of the Measurement Date, there were outstanding (A) Company Stock Options to purchase 6,331,015 shares of Company Common Stock, (B) Company RSU Awards with respect to 1,242,041 shares of Company Common Stock, (C) Company PU Awards with respect to 1,359,839 shares of Company Common Stock (assuming such Company PU Awards were earned at target level of performance) and (D) Company Deferred Stock Awards with respect to 310,374 shares of Company Common Stock.
From the Company Capitalization Date until the date hereof, no shares of Company Common Stock, Company Options, Company RSU Awards, Company PU Awards or Company DSU Awards have been issued or granted, except for Company Shares issued pursuant to the exercise of Company Options or the vesting of Company Options, Company RSU Awards, Company PU Awards or Company DSU Awards in accordance with their terms.
As of the Measurement Date, there were outstanding (A) Company Stock Options to purchase 6,064,195 shares of Company Common Stock, (B) Company RSU Awards with respect to 1,242,041 shares of Company Common Stock, (C) Company PU Awards with respect to 1,359,839 shares of Company Common Stock (assuming such Company PU Awards were earned at target level of performance) and (D) Company Deferred Stock Awards with respect to 310,374 shares of Company Common Stock.
In the case of Company PU Awards that are subject to performance periods that are ongoing as of the Effective Time, performance conditions will be deemed satisfied at the greater of target and actual performance (as determined by the board of directors of Xxxxxxxxx) as of the Effective Time.
This Agreement and the License Agreement (and all of their exhibits and appendices (collectively, the "Agreements")) set forth all of the covenants, promises, agreements, warranties, representations, conditions, and understandings between the Company, P&U and PUSA and supersede and terminate all prior agreements and understandings between these parties with respect to the subject matter hereof and thereof.
Except as otherwise provided herein, any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance, either retroactively or prospectively, and either for a specified period of time or indefinitely), with the written consent of the Company, P&U and PUSA.
There are no covenants, promises, agreements, warranties, representations, conditions or understandings, either oral or written, between the Company, P&U and PUSA other than as set forth in the Agreement, the License Agreement (and all of their exhibits and appendices).
Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of, and be binding upon, the successors, and permitted assigns of the Company, P&U and PUSA.
The receipt of cash in exchange for your Shares (or, if applicable, pursuant to your right to receive such cash in respect of Company Options, Company RSU Awards, Company PU Awards and Company DSU Awards that will become fully vested) pursuant to the Offer or the Merger will be a taxable transaction for United States federal income tax purposes and may also be a taxable transaction under applicable state, local or foreign income or other tax laws.