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This excerpt taken from the AKS 8-K filed Oct 22, 2008. Number of
Shares. Subject to adjustment as provided in this Section and
in Section 4.3, an aggregate of 16,000,000 Shares shall be available for the
grant of Option Awards, Restricted Stock Awards, Restricted Stock Unit Awards, and Performance
Share Awards under the Plan (hereinafter called the “Share Pool”); provided,
however, that no Employee may be granted Awards under the Plan in any calendar
year with respect to more than 600,000 Shares. The Committee, in its
sole discretion, shall determine the appropriate division of the Share
Pool as
between Option Awards, Restricted Stock Awards, Restricted Stock Unit Awards, and Performance
Share Awards. Shares issued pursuant to any Award may be either
authorized and previously unissued Shares or reacquired Shares.
The
following rules will apply for purposes of the determination of the number of
Shares available for grant under the Plan:
(a) the
grant of an Award to an Employee shall reduce the Shares available in the Share
Pool for grant under the Plan by the number of Shares subject to the Award;
and
(b) to
the extent that an Option is settled in cash rather than by the delivery of
Shares, the Share Pool shall be reduced by the number of Shares represented by
the cash settlement of the Option (subject to the limitation set forth in
Section 4.2 herein).
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