D.
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Sale or
Merger. Notwithstanding the vesting schedule set forth
in Section 6.A above, 50% of the total number of unvested shares will vest
in the event that there is either (i) the acquisition of more
than fifty percent (50%) of the outstanding voting securities of the
Company or a subsidiary or division of the Company in which the employee
is employed (calculated on a fully diluted basis) by any person during any
consecutive 12-month period of time; or (ii) the sale of more than fifty
percent (50%) in value of the assets of the Company over any consecutive
12-month period of time.
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F.
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Fair Market
Value. Upon the vesting of shares pursuant to this stock
award, the Committee shall determine, in good faith and in its best
judgment, the value of each share currently vested, which under no
circumstance shall be less than fair market value. For such
purposes, if the shares are listed on a national securities exchange at
the time of the granting of the stock award, then the fair market value
per share shall be not less than the average of the highest and lowest
selling price on such exchange as of the date that such stock
award is vested, or if there were no sales on said date, then the price
shall not be less than the mean between the bid and the ask price on such
date. If the shares are traded otherwise than on a national
securities exchange at the time of the vesting of the stock award, then
the price per share shall not be less than the mean between the bid and
the asked price on the date of the vesting of the stock award, or if there
is no such bid and asked price on said date, then on the next prior
business day on which there was a bid and asked price. If no
such bid and asked price is available, then the price per share shall be
determined by the Committee.
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