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These excerpts taken from the ROST 10-Q filed Jun 10, 2009. Effect of Expiration of Participant’s Employment
Agreement Due to Non-Renewal. In the
event of the Expiration of Participant’s Employment Agreement Due to Non-Renewal
prior to the Performance Share Vesting Date, then on the Performance Share
Vesting Date the number of Performance Shares that shall become Vested
Performance Shares shall determined by multiplying (a) that number of
Performance Shares that would have become Vested Performance Shares had no such
expiration of the Employment Agreement occurred by (b) a percentage equal to
either (i) if such expiration of the Employment Agreement occurs prior to the
last day of the Performance Period, thirty percent (30%) multiplied by the ratio
of the number of full months of the Participant’s employment with the Company
during the Performance Period to the number of full months contained in the
Performance Period or (ii) if such expiration of the Employment Agreement occurs
on or after the last day of the Performance Period but prior to the Performance
Share Vesting Date, thirty (30%).
5.5 Effect of Expiration of Participant’s Employment
Agreement Due to Non-Renewal. In the
event of the Expiration of Participant’s Employment Agreement Due to Non-Renewal
prior to the Performance Share Vesting Date, then on the Settlement Date the
Company shall issue to the Participant one (1) Vested Common Share for each
Vested Performance Share determined in accordance with Section 5.4. In the event
of the Expiration of Participant’s Employment Agreement Due to Non-Renewal on or
after the Settlement Date, then the vesting of the then Unvested Common Shares
issued in settlement of the Award shall be accelerated effective as of the date
of such termination on a pro rata basis. The number of such additional Common
Shares that shall become vested as of the date of such expiration of the
Employment Agreement shall be that number of additional Common Shares that would
have become vested through the date of such expiration in accordance with the
vesting schedule set forth in the Grant Notice had such vesting schedule
provided for the accrual of vesting on a daily basis (based on a 365 day year).
Pro rata vesting for the Common Shares that would vest on the first anniversary
of the Settlement Date shall be accrued at a daily rate of 0.1370%, and pro
rata
6 vesting for the Common Shares that would vest on the second anniversary of the Settlement Date shall be accrued at a daily rate of 0.0913%. 8. COMPANY REACQUISITION RIGHT. 8.1 This excerpt taken from the ROST 8-K filed May 23, 2008. Effect of Expiration of Participant’s Employment Agreement Due to
Non-Renewal. In the event of the Expiration
of Participant’s Employment Agreement Due to Non-Renewal prior to the
Performance Share Vesting Date, then on the Settlement Date the Company shall
issue to the Participant one (1) Vested Common Share for each Vested Performance
Share determined in accordance with Section 5.4. In the event of the Expiration
of Participant’s Employment Agreement Due to Non-Renewal on or after the
Settlement Date, then the vesting of the then Unvested Common Shares issued in
settlement of the Award shall be accelerated effective as of the date of such
termination on a pro rata basis. The number of such additional Common Shares
that shall become vested as of the date of such expiration of the Employment
Agreement shall be that number of additional Common Shares that would have
become vested through the date of such expiration in accordance with the vesting
schedule set forth in the Grant Notice had such vesting schedule provided for
the accrual of vesting on a daily basis (based on a 365 day year). Pro rata
vesting for the Common Shares that would vest on the first anniversary of the
Settlement Date shall be accrued at a daily rate of 0.1370%, and pro rata
vesting for the Common Shares that would vest on the second anniversary of the
Settlement Date shall be accrued at a daily rate of 0.0913%.
8. C This excerpt taken from the ROST 10-Q filed Jun 13, 2007. Effect of Expiration of Participant’s Employment Agreement Due to Non-Renewal. In the event of the Expiration of Participant’s Employment Agreement Due to Non-Renewal prior to the Performance Share Vesting Date, then on the Settlement Date the Company shall issue to the Participant one (1) Vested Common Share for each Vested Performance Share determined in accordance with Section 5.4. In the event of the Expiration of Participant’s Employment Agreement Due to Non-Renewal on or after the Settlement Date, then the vesting of the then Unvested Common Shares issued in settlement of the Award shall be accelerated effective as of the date of such termination or a pro rata basis. The number of such additional Common Shares that shall become vested as of the date of such expiration
of the Employment Agreement shall be that number of additional Common Shares that would have become vested through the date of such expiration in accordance with the vesting schedule set forth in the Grant Notice had such vesting schedule provided for the accrual of vesting on a daily basis (based on a 365 day year). Pro rata vesting for the Common Shares that would vest on the first anniversary of the Settlement Date shall be accrued at a daily rate from grant of 0.1370%, and pro rata vesting for the Common Shares that would vest on the second anniversary of the Settlement Date shall be accrued at a daily rate of 0.0913%.
6 8. COMPANY REACQUISITION RIGHT. 8.1 | EXCERPTS ON THIS PAGE:
RELATED TOPICS for ROST: |
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