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This excerpt taken from the XIDE DEF 14A filed Jul 24, 2009. Shares
Available Under the 2009 Plan
Subject to adjustment as provided in the 2009 Plan, the number
of shares of Common Stock that may be issued or transferred
(1) upon the exercise of option rights or SARs, (2) in
payment of restricted stock and released from substantial risks
of forfeiture thereof, (3) in payment of RSUs, (4) in
payment of performance shares or performance units that have
been earned, (5) as awards to non-employee directors,
(6) as Other Stock-Based Awards or (7) in payment of
dividend equivalents with respect to awards under the 2009 Plan,
will not exceed, in the aggregate 4,000,000 shares of Common
Stock. These shares may be shares of original issuance or
treasury shares or a combination of the foregoing.
Shares covered by an award granted under the 2009 Plan shall not
be counted as used unless and until they are actually issued and
delivered to a participant. Only shares covering awards that
expire or are forfeited or cancelled, shares that were covered
by an award the benefit of which is paid in cash instead of
shares, or shares surrendered to satisfy any withholding amount,
will again be available for issuance or transfer under the 2009
Plan.
The 2009 Plan also contains the following limits, which are
subject to certain adjustments as provided in the 2009 Plan:
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