Additional Restricted Stock. During the Term, subject to Mr. Forrest's then still serving as Cosi's Executive Chairman xx Xxx-Xxxxxxxxx Chairman and the attainment of applicable performance goals, Cosi shall make additional grants to Mr. Forrest of up to 50,000 restricted shares of Cosi's authorxxxx xxx xxissued common stock, $0.01 par value (the "Additional Restricted Stock"), pursuant to the LTIP, in each of 2006 and 2007 at such times as grants are made to senior executives of the Cosi generally. The exact number of shares of Additional Restricted Stock granted pursuant to this Section 2(d) will be determined by the Compensation Committee based on the attainment of performance criteria established by the Committee in consultation with Cosi management. Each Additional Restricted Stock grant shall be set forth in a Restricted Stock Award Agreement in the form attached hereto as Exhibit A.
Additional Restricted Stock. Mx. Xxxxxxxxx shall be eligible to receive grants up to, in the aggregate, an additional 800,000 shares of Cosi’s authorized but unissued common stock, $0.01 par value (the “Additional Restricted Stock”), pursuant to the LTIP and in accordance with the terms and conditions prescribed by the Compensation Committee. Such grant of Additional Restricted Stock shall be awarded to Mx. Xxxxxxxxx over fiscal years 2006, 2007, 2008 and 2009, pursuant to the LTIP, subject to the terms and conditions of Section 7 of this Agreement and further subject to any additional terms and conditions prescribed by the Compensation Committee in the Additional Restricted Stock Award Agreement.
Additional Restricted Stock. On November 1, 2000, Executive shall be granted the right to purchase 100,000 shares of the Company's Common Stock (the "Additional Restricted Stock") at a price per share equal to ten cents ($.10). Executive shall have thirty (30) days in which to purchase the shares. Subject to accelerated vesting as provided elsewhere in this Agreement, the Additional Restricted Stock shall vest with respect to forty percent (40%) of the shares originally purchased on the first anniversary of the date of grant, and as to thirty percent (30%) of the shares yearly thereafter, so that the shares will be fully vested three (3) years from the date of grant, subject to Executive's continued service to the Company on the relevant vesting dates. This purchase is subject to Executive entering into the Company's form of Restricted Stock Purchase Agreement which provides the Company with the right to purchase unvested shares at the original purchase price in the event of Executive's termination of employment and other standard terms and conditions. In the event that there is an inconsistency between the Company's form of Restricted Stock Purchase Agreement and this Agreement, this Agreement shall supersede the Company's form of Restricted Stock Purchase Agreement.
Additional Restricted Stock. Executive has as of the date hereof vested in 18,263 shares of Company restricted stock and shall continue to vest in the 54,788 unvested shares of Company restricted stock granted pursuant to the Executive Employment Agreement to compensate Executive for the value of his forfeited pension from his previous employment, 33.33% of which shall vest on each of July 22, 2006, July 22, 2007 and July 22, 2008.
Additional Restricted Stock. Mr. Flynn shall receive awards of six thousand (6,000) shaxxx xx xxstricted stock each on September 1, 2001, September 1, 2002, and September 1, 2003, respectively, provided that he is employed by the Bank on each applicable date and satisfactorily performing the duties assigned to him by the Bank, as determined by the Bank in good faith, and subject to the vesting requirements next described. Provided that Mr. Flynn is so employed by the Bank, UNBC, or one of theix xxxxxxxaries on the applicable vesting date, twenty-five percent (25%) of the award for calendar year 2001 (1,500 shares) shall vest on September 1, 2002, twenty-five percent (25%) of such award (1,500 shares) shall vest on September 1, 2003, twenty-five percent (25%) of such award (1,500 shares) shall vest on September 1, 2004, and twenty-five percent (25%) of such award (1,500 shares) shall vest on September 1, 2005. Additional restricted stock awards to Mr. Flynn in calendar years 2002 and 2003 pursuant to this xxxxxxxxraph 4(d) shall be subject to four-year vesting provisions substantially similar to those set forth above. Mr. Flynn shall forfeit any portion of the award that is nxx xxxxxx on the date he ceases to be employed by the Bank, UNBC and their subsidiaries, unless his termination of employment arises under circumstances described in subparagraphs 7(a), 7(b), 7(d) or 7(f), in which case shares not yet awarded under this subparagraph 4(c) shall be awarded to Mr. Flynn at the time of termination, and Mr. Flynn shall xxxxxx xxe hundred percent (100%) vested ix xxx xxxres awarded to him under this subparagraph 4(c) at the time of termination if not already so vested. Except as otherwise provided for in this subparagraph 4(c), the terms and conditions of the UNBC Management Stock Plan or any successor thereto (the "UNBC Stock Plan") shall govern in all other respects the administration of the restricted stock awarded to Mr. Flynn hereunder.
Additional Restricted Stock. Subject to attainment of Performance Goals in accordance with the second paragraph set forth below in this Section 4(e), Mr. Hyatt shall receive annual grants of 100,000 restricted shxxxx xx Xommon Stock for each of fiscal year 2008, 2009, 2010, and 2011, ("Additional Restricted Stock"), to be granted within seventy five (75) days after the end of each respective fiscal year, pursuant to the LTIP (or any successor thereto), provided that Mr. Hyatt remains continuously employed by Cosi through each sxxx xxxx. The number of restricted shares of Common Stock granted for each such fiscal year shall be determined by the Compensation Committee in its sole discretion based upon attainment of specified performance goals ("Performance Goals") established annually by the Compensation Committee in consultation with the CEO. After the Additional Restricted Stock is granted for any particular fiscal year, the shares granted for such fiscal year will vest automatically in each succeeding year according to Section 8(a)(iii)(B) without being subject to further attainment of Performance Goals in succeeding fiscal years. If the Performance Goals are attained 100% for such fiscal year, the Additional Restricted Stock granted for such fiscal year will be 100,000 shares. If the Performance Goals are attained at less than 100% for such fiscal year, Mr. Hyatt would not be eligible to receive the Additional Restxxxxxx Xxock for such fiscal year. However, the Compensation Committee, in its sole discretion, may grant to Mr. Hyatt Additional Restricted Stock in an amount up to 100,000 xxxxxx for such fiscal year, based upon overall performance for such fiscal year. The performance metrics may, by way of example only, incorporate the following key areas: Growth In Cash Flow From Operations - which shall encompass all enterprise drivers and will be compared to end of year statements of cash flow; Return On Invested Capital (Heritage Restaurants) - which shall encompass budgeted restaurant cash flow (RCF) divided by remodel and other capital expenditures compared to actual end of year performance; New Company Restaurant Performance - which metric will be viewed two ways: (1) overall performance against operating budgets, and (2) actual investment expense against approved restaurant capital budget request (CBR); and Franchise Performance - which metric will be compared to annual performance against approved franchise unit average unit volumes (AUV's) and annual projected franchise opera...
Additional Restricted Stock. Subject to the terms and conditions set forth in this Agreement, the LTIP, and the respective Additional Restricted Stock Award Agreements:
Additional Restricted Stock. On March 1, 2021, Executive shall be granted shares of restricted stock vesting twenty-five percent (25%) per year for four (4) years commencing on the first anniversary of the grant date. The number of restricted shares to be issued shall be determined by dividing One Million Dollars ($1,000,000) by the closing price of the common stock of the Company on March 1, 2021.
Additional Restricted Stock. The Company shall recommend to the Compensation Committee and the Board that Employee be granted restricted stock ("Additional Restricted Stock") in the amount of one hundred thousand (100,000) shares of Common Stock of the Company.
Additional Restricted Stock. In addition to the foregoing restricted stock award, the Company will grant to Executive a number of shares of restricted Common Stock equal to the number of shares of Common Stock that Executive elects to purchase (but not to exceed that number of shares of Common Stock with a market value of $500,000) during the period of five business days commencing on the second business day after the public announcement of his employment by the Company. The date of purchase of the purchased shares shall be the date of grant of the “matched” shares. The purchased shares shall be purchased from the Company at market value. The “matched” shares will vest in full on September 30, 2007, assuming continuous services to the Company. Date: XATA Corporation Executive By: Jxxx X. Xxxxxxxx Name and Title: Jxxx Xxx Cxxxxxxx, Trustee of the Jxxx Xxx Cxxxxxxx Revocable Trust U/A/D January 24, 2002 EXHIBIT B Term Life Insurance Beneficiary Declaration Executive: Jxxx X. Xxxxxxxx Address: 10000 Xxxxxxx Xxxx Xxxx Xxxxxxx, XX 00000 Beneficiary: Jxxx Xxx Cxxxxxxx, Trustee of the Jxxx Xxx Cxxxxxxx Revocable Trust U/A/D January 24, 2002 Address: Phone:
