This excerpt taken from the ATVI 10-Q filed Nov 10, 2008.
NOTICE OF PERFORMANCE SHARE AWARD
You have been awarded Performance Shares of Activision Blizzard, Inc. (the Company), as follows:
· Your name: Robert A. Kotick
· Total number of Performance Shares awarded: 1,250,000
· Date of Grant: July 9, 2009
· Grant ID: 07000875
· Your Award of Performance Shares is governed by the terms and conditions set forth in:
· this Notice of Performance Share Award;
· the Performance Share Award Terms attached hereto as Exhibit A (the Award Terms); and
· your Amended and Restated Employment Agreement with the Company dated December 1, 2007, as amended through July 7, 2008 (the Employment Agreement); and
· the Companys 2007 Incentive Plan, the receipt of a copy of which you hereby acknowledge.
· Your Award of Performance Shares has been made in connection with the execution of your Employment Agreement as a material inducement to your continuing employment with the Company pursuant to the Employment Agreement, and is also governed by any applicable terms and conditions set forth in the Employment Agreement.
· Please sign and return to the Company this Notice of Performance Share Award, which bears an original signature on behalf of the Company. You are urged to do so promptly.
· If you wish to make an election to include the value of the Performance Shares in your taxable income for the current calendar year, you must complete and sign the Section 83(b) Election Form attached hereto as Exhibit B and both (1) file a copy of it with the Internal Revenue Service Center at which you file your federal income tax return and (2) return a copy of it to the Company, in each case no later than the 30th day after the Date of Grant.
· Please return the signed Notice of Performance Share Award and, if applicable, the Section 83(b) Election Form to:
Activision Blizzard, Inc.
You should retain (1) the enclosed duplicate copy of this Notice of Performance Share Award for your records and (2) if applicable, two copies of your completed Section 83(b) Election Form, (a) one copy of which should be filed with the Internal Revenue Service Center at which you file your federal income tax return no later than 30th day after the Date of Grant as described above and (b) one copy of which should be submitted with your federal income tax return for the current calendar year.
Any capitalized term used but not otherwise defined herein shall have the meaning ascribed to such term in the Award Terms.