This excerpt taken from the ATVI 10-Q filed Nov 10, 2008.
AMENDED AND RESTATED
You have been awarded restricted shares of the Companys common stock, $0.000001 par value per share (Restricted Stock), subject to the following terms and conditions:
· This award of Restricted Stock was made as of June 15, 2005 made as a material inducement for the Grantee to enter into an employment agreement dated June 15, 2005, and is being amended in connection with the amendment of such employment agreement dated December 1, 2007 (as so amended, the Employment Agreement), effective as of the Consummation Date (as defined in the Employment Agreement). This award of Restricted Stock is governed by the terms of the Employment Agreement and the terms of the Amended and Restated Restricted Stock Award Terms attached hereto as Exhibit A. In addition, this award of Restricted Stock is granted under and subject to the terms and conditions of the Companys 2003 Incentive Plan (the Plan), the terms, conditions and definitions of which are hereby incorporated herein as though set forth at length, and the receipt of a copy of which the Grantee hereby acknowledges by his signature on the irrevocable stock attached hereto as Exhibit B. Capitalized terms used herein shall have the meanings set forth in the Plan, unless otherwise defined herein.