Examples of FDA Milestone Date in a sentence
This agreement shall not be assigned either by the parties or by operation of law without prior written consent of the other party; however, in the case of Gliatech, Gliatech may, without obtaining the consent of the Manufacturers Representative, assign its rights and obligations under this Agreement to any corporation with which Gliatech may merge or consolidate or to which Gliatech may transfer substantially all of its assets.
Notwithstanding any other provision of the Plan, all Stock Awards to Covered Employees under the Plan shall be subject to the approval by the Company’s stockholders of an amendment to the Equity Incentive Plan at the annual stockholder meeting for the Company that occurs in 2010, and in all cases prior to the FDA Milestone Date.
Each Stock Award granted to a Participant shall be unvested on the date of grant and shall vest in four (4) equal tranches on the first, second, third and fourth anniversaries of the FDA Milestone Date (each, a “Vesting Date”), provided that the Participant does not incur a Termination of Employment (as defined in the Equity Incentive Plan) through the applicable Vesting Date.
The actual Awards earned by each Participant shall be determined by multiplying (x) the applicable percentage in the Payout Matrix based on the FDA Milestone Date by (y) the Participant’s Target Award Values for such Participant’s Cash Award and/or Stock Award (as applicable) to arrive at an “Actual Award Value” for such Cash Award and/or Stock Award.
The number of shares underlying the Stock Award will be determined by dividing (a) the Actual Award Value for such Stock Award by (b) the closing price of the Common Stock on the trading day immediately prior to the FDA Milestone Date.
Subject to Section 4(e) of the Plan, payment of the FDA Portions and EU Portions of Cash Awards to Participants shall be made as soon as administratively practicable following the applicable Certification Date, and no later than March 15 of the year following the year in which the FDA Milestone Date or EU Milestone Date, respectively, occurs.
In the event that the Company’s stockholders do not approve such an amendment to the Equity Incentive Plan prior to the FDA Milestone Date, then no Stock Awards shall be issued to Covered Employees pursuant to the Plan.
All Stock Awards issued to Participants on the Payout Date shall be unvested, and shall fully vest on the second (2nd) anniversary of the FDA Milestone Date (the “Vesting Date”), subject to continued employment with the Company through such date.
Subject to Section 4(d) of the Plan, payment of Cash Awards to Participants shall be made as soon as administratively practicable following the Certification Date, and no later than March 15 of the year following the year in which the FDA Milestone Date occurs; provided, however, that if payment of a Cash Award is accelerated pursuant to Section 8 of the Plan, then with respect to such Cash Award, such accelerated payment date shall be the “Payout Date” for purposes of the Plan.
The FDA Portion of a Stock Award shall fully vest on the second anniversary of the FDA Milestone Date, provided that the Participant does not incur a Termination of Employment (as defined in the Equity Incentive Plan) through the applicable Vesting Date.