Important Information Please Read Carefully (December 20th, 2010)
Attached is a Release, Settlement and Income Protection Agreement (Agreement). By signing this document, you will be giving up any and all claims against Exide Technologies and others, (as described more fully in the General Release of Claims section of the Agreement) in exchange for income protection and other consideration upon your leaving Exide. You should read this document carefully and sign it only after you understand it and voluntarily agree to its terms. We advise you to consult with an attorney of your choosing before signing the Agreement.
Contract (August 6th, 2009)
CONFIDENTIAL TREATMENT REQUESTED BY EXIDE TECHNOLOGIESCONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE COMMISSION.
January 31, 2008 (February 20th, 2008)
As originally adopted, the Exide Technologies 2004 Stock Incentive Plan (as amended and restated, the Plan) based the exercise price for stock options granted by Exide Technologies (the Company) under the Plan on a formula set forth in the Companys outstanding warrant agreement, which provides for an exercise price per share equal to the 10-day trailing average closing price per share of the Companys common stock prior to the date of grant of the option. Such exercise prices in the case of certain options are less than the closing sale price per share of the Companys common stock on the NASDAQ Global Market (Fair Market Value) on the respective dates of grant of such options. As a result, there is a risk to you, as holder of such options, that the current exercise price currently in effect may be considered to be less than the Fair Market on the date of grant. Unless remedial action is taken to adjust the Original Exercise Price (as defined below) of these below market options, you may