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These excerpts taken from the ROST 10-Q filed Jun 10, 2009. In General.
At the time the Grant Notice is executed, or at any time
thereafter as requested by the Company, the Participant hereby authorizes
withholding from payroll and any other amounts payable to the Participant, and
otherwise agrees to make adequate provision for, any sums required to satisfy
the federal, state, local and foreign tax (including any social insurance)
withholding obligations of the Company, if any, which arise in connection with
the Award, including, without limitation, obligations arising upon (a) the
transfer of Shares to the Participant, (b) the lapsing of any restriction with
respect to any Shares, (c) the filing of an election to recognize tax liability,
or (d) the transfer by the Participant of any Shares. The Company shall have no
obligation to deliver the Shares or to release any Shares from the Escrow
4 established pursuant to Section 7 until the tax withholding obligations of the Company have been satisfied by the Participant. (b) In General. Except as provided by this Section 5 and Section 11, the Performance
Shares shall vest and become Vested Performance Shares as provided in the Grant
Notice and certified by the Committee.
5.2 In General. Except as provided by this Section 7 and Section 11, the Common Shares
issued in settlement of the Award shall vest and become Vested Common Shares as
provided in the Grant Notice; provided however, that Common Shares that would
otherwise become Vested Common Shares on a date (the “Original
Vesting Date”) on which a sale of such shares by the Participant would
violate the Insider Trading Policy shall, not withstanding the vesting schedule
set forth in the Grant Notice, become Vested Common Shares on the first to occur
of (a) the next business day on which such sale would not violate the Insider
Trading Policy or (b) the later of (i) the last day of the calendar year in
which the Original Vesting Date occurred or (ii) the last day of the Company’s
taxable year in which the Original Vesting Date occurred.
7.2 In General. At
the time the Grant Notice is executed, or at any time thereafter as requested by
the Company, the Participant hereby authorizes withholding from payroll and any
other amounts payable to the Participant, and otherwise agrees to make adequate
provision for, any sums required to satisfy the federal, state, local and
foreign tax withholding obligations of the Company, if any, which arise in
connection with the Award or the issuance of Common Shares in settlement
thereof. The Company shall have no obligation to process the settlement of the
Award or to deliver Common Shares until the tax withholding obligations as
described in this Section have been satisfied by the Participant.
(b) These excerpts taken from the ROST 8-K filed May 23, 2008. In General. At the time
the Option is exercised, in whole or in part, or at any time thereafter as
requested by the Company, the Participant hereby authorizes withholding from
payroll and any other amounts payable to the Participant, and otherwise agrees
to make adequate provision for (including by means of a Cashless Exercise to the
extent permitted by the Company), any sums required to satisfy the federal,
state, local and foreign tax (including any social insurance) withholding
obligations of the Participating Company Group, if any, which arise in
connection with the Option. The Company shall have no obligation to deliver
shares of Stock until the tax withholding obligations of the Participating
Company Group have been satisfied by the Participant.
(b) In General. At the time the Grant
Notice is executed, or at any time thereafter as requested by the Company, the
Participant hereby authorizes withholding from payroll and any other amounts
payable to the Participant, and otherwise agrees to make adequate provision for,
any sums required to satisfy the federal, state, local and foreign tax
(including any social insurance) withholding obligations of the Company, if any,
which arise in connection with the Award, including, without limitation,
obligations arising upon (a) the transfer of Shares to the Participant, (b) the
lapsing of any restriction with respect to any Shares, (c) the filing of an
election to recognize tax liability, or (d) the transfer by the Participant of
any Shares. The Company shall have no obligation to deliver the Shares or to
release any Shares from the Escrow established pursuant to Section 7 until the
tax withholding obligations of the Company have been satisfied by the
Participant.
(b) In General. At the time the Grant
Notice is executed, or at any time thereafter as requested by a Participating
Company, the Participant hereby authorizes withholding from payroll and any
other amounts payable to the Participant, and otherwise agrees to make adequate
provision for, any sums required to satisfy the federal, state, local and
foreign tax (including any social insurance) withholding obligations of the
Participating Company, if any, which arise in connection with the Award,
including, without limitation, obligations arising upon (a) the transfer of
Shares to the Participant, (b) the lapsing of any restriction with respect to
any Shares, (c) the filing of an election to recognize tax liability, or (d) the
transfer by the Participant of any Shares. The Company shall have no obligation
to deliver the Shares or to release any Shares from the Escrow established
pursuant to Section 7 until the tax withholding obligations of the Participating
Company have been satisfied by the Participant.
5 (b) In
General. At the time the Grant Notice is executed,
or at any time thereafter as requested by the Company, the Participant hereby
authorizes withholding from payroll and any other amounts payable to the
Participant, and otherwise agrees to make adequate provision for, any sums
required to satisfy the federal, state, local and foreign tax withholding
obligations of the Company, if any, which arise in connection with the Award or
the issuance of Common Shares in settlement thereof. The Company shall have no
obligation to process the settlement of the Award or to deliver Common Shares
until the tax withholding obligations as described in this Section have been
satisfied by the Participant.
(b) This excerpt taken from the ROST DEF 14A filed Apr 14, 2008. General. The purpose of the 2008 Plan is to advance the interests
of the Company by providing an incentive program that will enable the Company to
attract and retain employees, consultants and directors upon whose judgment,
interest and efforts the Company’s success is dependent and to provide them with
an equity interest in the success of the Company in order to motivate superior
performance. These incentives are provided through the grant of stock options,
stock appreciation rights, restricted stock purchase rights, restricted stock
bonuses, restricted stock units, performance shares, performance units and
deferred compensation awards.
This excerpt taken from the ROST 10-Q filed Jun 13, 2007. In General. At the time the Grant Notice is executed, or at any time thereafter as requested by the Company, the Participant hereby authorizes withholding from payroll and any other amounts payable to the Participant, and otherwise agrees to make adequate provision for, any sums required to satisfy the federal, state, local and foreign tax withholding obligations of the Company, if any, which arise in connection with the Award or the issuance of Common shares in settlement thereof. The Company shall have no obligation to process the settlement of the Award or to deliver Common Shares until the tax withholding obligations as described in this Section have been satisfied by the Participant.
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