Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your exclusive benefits related to the termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or any of its affiliates. For the avoidance of doubt, the Plan shall not supersede or replace any change in control provisions set forth in the Company’s 2014 Equity Incentive Plan, as amended and the applicable award agreements thereunder or any equity- based plan, and those provisions shall continue to apply with respect to your outstanding Company equity awards in effect prior to the Effective Date. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWER, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Chief Executive Officer 8/9/2021 Title Date Attachment:Solid Power, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B
Appears in 1 contract
Samples: Letter Agreement (Solid Power, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon satisfaction of the “Liquidity Event Requirement” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply its existing terms. Further, and for purposes of clarity, with respect to your outstanding any Company equity awards in effect stock options granted to you prior to the Effective Datedate of this Participation Agreement, any provision in your option agreement or other contract with the Company in effect as of the date of this Participation Agreement that provides for an extended exercise period for such Company stock options following your termination of employment or service with the Company will not be superseded by signing this Participation Agreement. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERDOORDASH, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Xx /s/ Xxxxxxxxxxx Xxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Xx Xxxxxxxxxxx Xxxxx Name Name Chief Executive Officer 8/9/2021 CEO 10/30/2020 Title Date Attachment:Solid Power: DoorDash, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B SECTION 7 OF THE DEFEND TRADE SECRETS ACT OF 2016
Appears in 1 contract
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance -A-2- and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWER[Signature page follows] LYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx Xxxxx Xxxxx /s/ Xxxx Xxxxxxxx-Xxxxx Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Xxxxx Xxxxx Mar 13, 2019 Name Name Date Chief Executive Officer 8/9/2021 Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B ATTACHMENT C ARBITRATION AGREEMENT (See Attached) MUTUAL ARBITRATION AGREEMENT
Appears in 1 contract
Samples: Letter Agreement
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon satisfaction of the “Liquidity Event Requirement” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply its existing terms. Further, and for purposes of clarity, with respect to your outstanding any Company equity awards in effect stock options granted to you prior to the Effective Datedate of this Participation Agreement, any provision in your option agreement or other contract with the Company in effect as of the date of this Participation Agreement that provides for an extended exercise period for such Company stock options following your termination of employment or service with the Company will not be superseded by signing this Participation Agreement. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERDOORDASH, INC. INC PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xx /s/ Xxxxxx Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xx Xxxxxx Xxxxxxx Name Name Chief Executive Officer 8/9/2021 CEO 11/9/2020 Title Date Attachment:Solid Power: DoorDash, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B SECTION 7 OF THE DEFEND TRADE SECRETS ACT OF 2016
Appears in 1 contract
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your exclusive benefits related to the termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or any of its affiliates. For the avoidance of doubt, the Plan shall not supersede or replace any change in control provisions set forth in the Company’s 2014 Equity Incentive Plan, as amended and the applicable award agreements thereunder or any equity- equity-based plan, and those provisions shall continue to apply with respect to your outstanding Company equity awards in effect prior to the Effective Date. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWER, INC. PARTICIPANT /s/ Xxxxxxx Dxxx Xxxxxx /s/ Dxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Dxxx Xxxxxx Dxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Chief Executive Officer 8/9/2021 President August 5, 2021 Title Date Attachment:: Solid Power, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B B
Appears in 1 contract
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your exclusive benefits related to the termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or any of its affiliates, including, but not limited to, the prior participation agreement under the Plan that you previously executed. For the avoidance of doubt, the Plan shall not supersede or replace any change in control provisions set forth in the Company’s 's 2014 Equity Incentive Plan, as amended and the applicable award agreements thereunder or any equity- equity-based plan, and those provisions shall continue to apply with respect to your outstanding Company equity awards in effect prior to the Effective Date. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWER, POWER INC. PARTICIPANT /s/ Xxxxxxx Dxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Sxxxx Xxxxxxx Signature Signature Xxxxxxx Dxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Sxxxx Xxxxxxx Name Name Chief Executive Officer 8/9/2021 October 28, 2021 Title Date Attachment:: Solid Power, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to Section 7 of the Participation Agreement] Exhibit B Defend Trade Secrets Act of 2016
Appears in 1 contract
Samples: Letter Agreement (Solid Power, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Chief Executive Officer 8/9/2021 Date Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description ATTACHMENT B PARTICIPATION AGREEMENT (See Attached) [Signature page Final Level 2 Form] Lyft, Inc. Executive Change in Control and Severance Plan Participation Agreement Lyft, Inc. (the “Company”) is pleased to inform you, Xxxxx Xxxxxxx, that you have been selected to participate in the Company’s Executive Change in Control and Severance Plan (the “Plan”) as a Participant. A copy of the Plan was delivered to you with this Participation Agreement] Exhibit B . Your participation in the Plan is subject to all of the terms and conditions of the Plan. The capitalized terms used but not defined herein will have the meanings ascribed to them in the Plan. In order to actually become a participant in the Plan, you must complete and sign this Participation Agreement and return it to Xxxx Xxx no later than March 12, 2019. The Plan describes in detail certain circumstances under which you may become eligible for Severance Benefits. As described more fully in the Plan, you may become eligible for certain Severance Benefits if you experience an Involuntary Termination.
Appears in 1 contract
Samples: Participation Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Xxxxxx Signature Signature Xxxxxxx Xxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Mar 14, 2019 Name Name Chief Executive Officer 8/9/2021 Date Chair of the Board of Directors Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B ATTACHMENT C ARBITRATION AGREEMENT (See Attached)
Appears in 1 contract
Samples: Participation Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx Xxxxx Xxxxx /s/ Xxxx Xxxxxxxx-Xxxxx Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Xxxxx Xxxxx Mar 13, 2019 Name Name Date Chief Executive Officer 8/9/2021 Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B ATTACHMENT C ARBITRATION AGREEMENT (See Attached)
Appears in 1 contract
Samples: Participation Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your exclusive benefits related to the termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or any of its affiliates. For the avoidance of doubt, the Plan shall not supersede or replace any change in control provisions set forth in the Company’s 2014 Equity Incentive Plan, as amended and the applicable award agreements thereunder or any equity- equity-based plan, and those provisions shall continue to apply with respect to your outstanding Company equity awards in effect prior to the Effective Date. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWER, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx Xxxxx Xxxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Xxxxx X. Xxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Xxxxx Xxxxxxxxx Xxxxx X. Xxxxxx Name Name Chief Executive Legal Officer 8/9/2021 November 29, 2022 Title Date Attachment:: Solid Power, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B Restrictive Covenant Agreement See attached.
Appears in 1 contract
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of -A-2- doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWER[Signature page follows] LYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Chief Executive Officer 8/9/2021 Date Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit -A-4- ATTACHMENT B PARTICIPATION AGREEMENT (See Attached) [Final Level 2 Form] Lyft, Inc. Executive Change in Control and Severance Plan Participation Agreement Lyft, Inc. (the “Company”) is pleased to inform you, Xxxxx Xxxxxxx, that you have been selected to participate in the Company’s Executive Change in Control and Severance Plan (the “Plan”) as a Participant. A copy of the Plan was delivered to you with this Participation Agreement. Your participation in the Plan is subject to all of the terms and conditions of the Plan. The capitalized terms used but not defined herein will have the meanings ascribed to them in the Plan. In order to actually become a participant in the Plan, you must complete and sign this Participation Agreement and return it to Xxxx Xxx no later than March 12, 2019. The Plan describes in detail certain circumstances under which you may become eligible for Severance Benefits. As described more fully in the Plan, you may become eligible for certain Severance Benefits if you experience an Involuntary Termination.
Appears in 1 contract
Samples: Letter Agreement
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Chief Executive Officer 8/9/2021 Date Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description ATTACHMENT B PARTICIPATION AGREEMENT (See Attached) [Signature page Final Level 2 Form] Lyft, Inc. Executive Change in Control and Severance Plan Participation Agreement Lyft, Inc. (the “Company”) is pleased to inform you, Xxxxxxx Xxxxxxxx, that you have been selected to participate in the Company’s Executive Change in Control and Severance Plan (the “Plan”) as a Participant. A copy of the Plan was delivered to you with this Participation Agreement] Exhibit B . Your participation in the Plan is subject to all of the terms and conditions of the Plan. The capitalized terms used but not defined herein will have the meanings ascribed to them in the Plan. In order to actually become a participant in the Plan, you must complete and sign this Participation Agreement and return it to Xxxx Xxx no later than March 12, 2019. The Plan describes in detail certain circumstances under which you may become eligible for Severance Benefits. As described more fully in the Plan, you may become eligible for certain Severance Benefits if you experience an Involuntary Termination.
Appears in 1 contract
Samples: Participation Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Chief Executive Officer 8/9/2021 Date Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description ATTACHMENT B PARTICIPATION AGREEMENT (See Attached) [Signature page Final Level 1 Form] Lyft, Inc. Executive Change in Control and Severance Plan Participation Agreement Lyft, Inc. (the “Company”) is pleased to inform you, Xxxxx Xxxxx, that you have been selected to participate in the Company’s Executive Change in Control and Severance Plan (the “Plan”) as a Participant. A copy of the Plan was delivered to you with this Participation Agreement] Exhibit B . Your participation in the Plan is subject to all of the terms and conditions of the Plan. The capitalized terms used but not defined herein will have the meanings ascribed to them in the Plan. In order to actually become a participant in the Plan, you must complete and sign this Participation Agreement and return it to Xxxx Xxx no later than March 12, 2019. The Plan describes in detail certain circumstances under which you may become eligible for Severance Benefits. As described more fully in the Plan, you may become eligible for certain Severance Benefits if you experience an Involuntary Termination.
Appears in 1 contract
Samples: Participation Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. /s/ Xxxxx Xxxxxx Signature Xxxxx Xxxxxx Name Chief People Officer Title PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxxxx Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Chief Executive Financial Officer 8/9/2021 Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit ATTACHMENT B CONFIDENTIALITY AGREEMENT (See Attached)
Appears in 1 contract
Samples: Employment Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx Signature /s/ Xxxx Xxxxxxxx-Xxxxxxx Xxxxx Xxxxxx Signature Signature Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Xxxxxx Xxxx Xxxxx Xxxxxx Name Name Date May 15, 2023 Chief Executive Officer 8/9/2021 Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit ATTACHMENT B CONFIDENTIALITY AGREEMENT (See Attached)
Appears in 1 contract
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your exclusive benefits related to the termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or any of its affiliates. For the avoidance of doubt, the Plan shall not supersede or replace any change in control provisions set forth in the Company’s 2014 Equity Incentive Plan, as amended and the applicable award agreements thereunder or any equity- equity-based plan, and those provisions shall continue to apply with respect to your outstanding Company equity awards in effect prior to the Effective Date. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWER, INC. PARTICIPANT /s/ Xxxxxxx Dxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Dxxx Xxxxxx Signature Signature Xxxxxxx Dxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Dxxx Xxxxxx Name Name Chief Executive Officer 8/9/2021 August 5, 2021 Title Date Attachment:: Solid Power, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B B
Appears in 1 contract
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx Xxxxxxxx /s/ Xxxxx Xxxxx Signature Signature Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Mar 12, 2019 Name Name Chief Executive Officer 8/9/2021 Date Chair of the Board of Directors Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B ATTACHMENT C ARBITRATION AGREEMENT (See Attached)
Appears in 1 contract
Samples: Participation Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxx Xxxxx /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Xxxxx Xxxxx Mar 8, 2019 Name Name Date Chief Executive Officer 8/9/2021 Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B ATTACHMENT C ARBITRATION AGREEMENT (See Attached)
Appears in 1 contract
Samples: Participation Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Chief Executive Officer 8/9/2021 Date Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description ATTACHMENT B PARTICIPATION AGREEMENT (See Attached) [Signature page Final Level 1 Form] Lyft, Inc. Executive Change in Control and Severance Plan Participation Agreement Lyft, Inc. (the “Company”) is pleased to inform you, Xxxx Xxxxxx, that you have been selected to participate in the Company’s Executive Change in Control and Severance Plan (the “Plan”) as a Participant. A copy of the Plan was delivered to you with this Participation Agreement] Exhibit B . Your participation in the Plan is subject to all of the terms and conditions of the Plan. The capitalized terms used but not defined herein will have the meanings ascribed to them in the Plan. In order to actually become a participant in the Plan, you must complete and sign this Participation Agreement and return it to Xxxx Xxx no later than March 12, 2019. The Plan describes in detail certain circumstances under which you may become eligible for Severance Benefits. As described more fully in the Plan, you may become eligible for certain Severance Benefits if you experience an Involuntary Termination.
Appears in 1 contract
Samples: Participation Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a "Liquidity Event" (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Xxxxx Xxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Xxxxx Xxxxx Name Name Chief Executive Officer 8/9/2021 Title Date PARTICIPANT /s/ X. Xxxxxx Xxx Signature X. Xxxxxx Xxx Name Vice President Title Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit ATTACHMENT B CONFIDENTIALITY AGREEMENT (See Attached) EMPLOYEE INVENTION ASSIGNMENT AND CONFIDENTIALITY AGREEMENT In consideration of, and as a condition of my employment with Lyft, Inc., a Delaware corporation (the "Company"), my access to the Company's relationships and confidential information described herein, and other good and valuable consideration, I hereby represent to, and agree with, the Company as follows:
Appears in 1 contract
Samples: Participation Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon satisfaction of the “Liquidity Event Requirement” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERDOORDASH, INC. PARTICIPANT /s/ Xxxxx Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xx Signature Signature Xxxxx Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Xx Name Name Chief Executive Business and Legal Officer 8/9/2021 10/23/2020 Title Date Attachment:Solid Power: DoorDash, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B SECTION 7 OF THE DEFEND TRADE SECRETS ACT OF 2016
Appears in 1 contract
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions set forth plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan, except as otherwise provided in this paragraph. Notwithstanding the foregoing, any provision in a Participant’s existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of Participant’s restricted stock units upon (i) the effective date of the initial public offering of the Company’s 2014 Equity Incentive Plansecurities or (ii) the date of an Acquisition (as defined in the letter and/or agreement) (in either case, a “Liquidity Event Trigger”) or such other similar terms as amended and set forth therein will not be superseded by the applicable award agreements thereunder Plan or any equity- based planthe Participation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWER, SAMSARA INC. PARTICIPANT /s/ Xxxxxx Xxxxxx /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Name: Xxxxxx Xxxxxx Name: Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Title: Chief Executive Officer 8/9/2021 Title Date Date: November 12, 2021 Attachment:Solid Power, : Samsara Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page EXHIBIT B EMPLOYEE INVENTION ASSIGNMENT AND CONFIDENTIALITY AGREEMENT In consideration of, and as a condition of my employment with Samsara Inc., a Delaware corporation with its principal offices in the State of California (the “Company”), I, as the “Employee” signing this Employee Invention Assignment and Confidentiality Agreement (this “Agreement”), hereby represent to the Participation Agreement] Exhibit B Company, and the Company and I hereby agree as follows:
Appears in 1 contract
Samples: Letter Agreement (Samsara Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubtofdoubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Chief Executive Officer 8/9/2021 Date Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page Lyft, Inc. Executive Change in Control and Severance Plan Participation Agreement Lyft, Inc. (the “Company”) is pleased to inform you, Xxxxx Xxxxxxxxx, that you have been selected to participate in the Company’s Executive Change in Control and Severance Plan (the “Plan”) as a Participant. A copy of the Plan was delivered to you with this Participation Agreement] Exhibit B . Your participation in the Plan is subject to all of the terms and conditions of the Plan. The capitalized terms used but not defined herein will have the meanings ascribed to them in the Plan. In order to actually become a participant in the Plan, you must complete and sign this Participation Agreement and return it to Xxxx Xxx no later than July 15, 2019. The Plan describes in detail certain circumstances under which you may become eligible for Severance Benefits. As described more fully in the Plan, you may become eligible for certain Severance Benefits if you experience an Involuntary Termination.
Appears in 1 contract
Samples: Employment Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your exclusive benefits related to the termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or any of its affiliates. For the avoidance of doubt, the Plan shall not supersede or replace any change in control provisions set forth in the Company’s 2014 Equity Incentive Plan, as amended and the applicable award agreements thereunder or any equity- equity-based plan, and those provisions shall continue to apply with respect to your outstanding Company equity awards in effect prior to the Effective Date. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWER, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx Xxxxx Xxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Xxx Xxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxxx Xxxxxx Xxxx Xxxxxxxx-Xxxxxxx Xxx Xxxxxx Name Name Chief Executive Officer President 8/9/2021 12/21/2021 Title Date Attachment:Solid Power, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B SOLID POWER, INC. EXECUTIVE CHANGE IN CONTROL AND SEVERANCE PLAN AND SUMMARY PLAN DESCRIPTION
Appears in 1 contract
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx Xxxxx Xxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Xxxxx Xxxxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Xxxxx Xxxxx July 2, 2019 Name Name Date Chief Executive Officer 8/9/2021 Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B Description
Appears in 1 contract
Samples: Employment Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon satisfaction of the “Liquidity Event Requirement” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERDOORDASH, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xx /s/ Xxxxx Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xx Xxxxx Xxxxxxx Name Name Chief Executive Officer 8/9/2021 CEO 10/23/2020 Title Date Attachment:Solid Power: DoorDash, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B SECTION 7 OF THE DEFEND TRADE SECRETS ACT OF 2016
Appears in 1 contract
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx Xxxxx Xxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Ran Makavy Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Xxxxx Xxxxx Mar 12, 2019 Name Name Date Chief Executive Officer 8/9/2021 Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B ATTACHMENT C ARBITRATION AGREEMENT (See Attached)
Appears in 1 contract
Samples: Participation Agreement (Lyft, Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions set forth plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan, except as otherwise provided in this paragraph. Notwithstanding the foregoing, any provision in a Participant’s existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of Participant’s restricted stock units upon (i) the effective date of the initial public offering of the Company’s 2014 Equity Incentive Plansecurities or (ii) the date of an Acquisition (as defined in the letter and/or agreement) (in either case, a “Liquidity Event Trigger”) or such other similar terms as amended and set forth therein will not be superseded by the applicable award agreements thereunder Plan or any equity- based planthe Participation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWER, SAMSARA INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx Xxxxxx Xxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Xxxxxxxx Signature Signature Xxxxxxx Xxxxxx Xxxxxx Xxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Chief Executive Officer 8/9/2021 June 6, 2022 Title Date Title Attachment:Solid Power, : Samsara Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page EXHIBIT B EMPLOYEE INVENTION ASSIGNMENT AND CONFIDENTIALITY AGREEMENT In consideration of, and as a condition of my employment with Samsara Inc., a Delaware corporation with its principal offices in the State of California (the “Company”), I, as the “Employee” signing this Employee Invention Assignment and Confidentiality Agreement (this “Agreement”), hereby represent to the Participation Agreement] Exhibit B Company, and the Company and I hereby agree as follows:
Appears in 1 contract
Samples: Letter Agreement (Samsara Inc.)
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your exclusive benefits related to the termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or any of its affiliates. For the avoidance of doubt, the Plan shall not supersede or replace any change in control provisions set forth in the Company’s 2014 Equity Incentive Plan, as amended and the applicable award agreements thereunder or any equity- equity-based plan, and those provisions shall continue to apply with respect to your outstanding Company equity awards in effect prior to the Effective Date. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms of the Plan and this Participation Agreement; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWER, INC. PARTICIPANT /s/ Xxxxxxx Dxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Dxxxx Xxxxxxx Signature Signature Xxxxxxx Dxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Dxxxx Xxxxxxx Name Name Chief Executive Officer 8/9/2021 August 5, 2021 Title Date Attachment:: Solid Power, Inc. Executive Change in Control and Severance Plan and Summary Plan Description [Signature page to the Participation Agreement] Exhibit B B
Appears in 1 contract
Exclusive Benefit. In accordance with Section 8 of the Plan, the benefits, if any, provided under this Plan will be your the exclusive benefits for a Participant related to the his or her termination of your employment with the Company and/or a change in control of the Company and will supersede and replace any severance and/or change in control benefits set forth in any offer letter, employment or severance agreement and/or other agreement between the Participant and the Company or Company, including any of its affiliatesequity award agreement. For the avoidance of doubt, the Plan shall not supersede or replace if a Participant was otherwise eligible to participate in any other Company severance and/or change in control provisions plan (whether or not subject to ERISA), then participation in this Plan will supersede and replace eligibility in such other plan. Notwithstanding the foregoing, any provision in your existing offer letter, employment agreement, and/or equity award agreement with the Company that provides for vesting of your restricted stock units upon a “Liquidity Event” (as defined in the letter and/or agreement), or such other similar term as set forth in therein, will not be superseded by the Company’s 2014 Equity Incentive Plan, as amended and Plan or the applicable award agreements thereunder or any equity- based planParticipation Agreement, and those provisions shall will continue in full force and effect pursuant to apply with respect to your outstanding Company equity awards in effect prior to the Effective Dateits existing terms. In order to receive any Severance Benefits for which you otherwise become eligible under the Plan, you must timely sign and deliver to the Company the Release, which must have become effective and irrevocable within the requisite period, and otherwise comply with the requirements under Section 6 of the Plan. By your signature below, you and the Company agree that your participation in the Plan is governed by this Participation Agreement and the provisions of the Plan. Your signature below confirms that: (1) you have received a copy of the Executive Change in Control and Severance Plan and Summary Plan Description; (2) you have carefully read this Participation Agreement and the Executive Change in Control and Severance Plan and Summary Plan Description and you acknowledge and agree to its terms in accordance with the terms terms, including, but not limited to, Section 8 of the Executive Change in Control and Severance Plan and this Participation AgreementSummary Plan Description; and (3) decisions and determinations by the Administrator under the Plan will be final and binding on you and your successors. SOLID POWERLYFT, INC. PARTICIPANT /s/ Xxxxxxx Xxxxxxxx /s/ Xxxx Xxxxxxxx-Xxxxxxx Signature Signature Xxxxxxx Xxxxxxxx Xxxx Xxxxxxxx-Xxxxxxx Name Name Chief Executive Officer 8/9/2021 Date Title Date Attachment:Solid Power: Lyft, Inc. Executive Change in Control and Severance Plan and Summary Plan Description ATTACHMENT B PARTICIPATION AGREEMENT (See Attached) [Signature page Final Level 2 Form] Lyft, Inc. Executive Change in Control and Severance Plan Participation Agreement Lyft, Inc. (the “Company”) is pleased to inform you, Ran Makavy, that you have been selected to participate in the Company’s Executive Change in Control and Severance Plan (the “Plan”) as a Participant. A copy of the Plan was delivered to you with this Participation Agreement] Exhibit B . Your participation in the Plan is subject to all of the terms and conditions of the Plan. The capitalized terms used but not defined herein will have the meanings ascribed to them in the Plan. In order to actually become a participant in the Plan, you must complete and sign this Participation Agreement and return it to Xxxx Xxx no later than March 12, 2019. The Plan describes in detail certain circumstances under which you may become eligible for Severance Benefits. As described more fully in the Plan, you may become eligible for certain Severance Benefits if you experience an Involuntary Termination.
Appears in 1 contract
Samples: Participation Agreement (Lyft, Inc.)
