Example ContractsClausesEstablishment of Plan
Establishment of Plan
Establishment of Plan contract clause examples

Establishment of Plan. The Company hereby establishes this Old Second Bancorp, Inc. Executive Annual Incentive Plan for its corporate and Subsidiary employees.

Establishment of the Plan. Orchard Therapeutics plc (hereinafter, together with its subsidiaries and eligible affiliates, referred to as the “Company”), hereby establishes this “Orchard Therapeutics plc 2019 Short-Term Incentive Plan” (hereinafter referred to as the “Plan”), as set forth in this document. The Plan permits the grant of Short-Term Cash-Based Awards.

Establishment of Plan. Neoleukin Therapeutics, Inc. a Delaware corporation (the “Company”), proposes to grant options to purchase shares of Common Stock to eligible employees of the Company and its Participating Corporations pursuant to this Plan. The Company intends this Plan to qualify as an “employee stock purchase plan” under Code [Section 423] and this Plan will be so construed; provided that the Company may adopt sub-plans applicable to particular Participating Corporations which sub-plans may be designed to be outside the scope of Section 423 of the Code. Subject to Section 14, a total of 759,936 shares of Common Stock is initially reserved for issuance under this Plan. The number of shares reserved for issuance under this Plan will be subject to adjustments effected in accordance with Section 14 of this Plan. Capitalized terms not defined elsewhere in the text are defined in Section 27.

Establishment of Plan. The Company hereby operates THE SHYFT GROUP, INC. STOCK INCENTIVE PLAN (originally entitled the Stock Incentive Plan of 2016, as amended and restated effective May 20, 2020 and October 29, 2020, and as further amended and restated in the form of this document effective May 17, 2023, the “Plan”) for its directors and officers and other employees of the Company, its divisions and its Subsidiaries, and certain consultants to the Company and its Subsidiaries. The Plan permits the grant and award of Stock Options, Stock Appreciation Rights, Restricted Stock, Restricted Stock Units and Stock Awards.

Establishment. With respect to any Performance Awards Performance Objectives for Performance Awards may be expressed in terms of # earnings per share; # operating income; # return on equity or assets; # free cash flow; # net cash flow; # cash flow from operations; # EBITDA and/or adjusted EBITDA (including any adjusted EBITDA metric reported by the Company to securityholders or lenders); # revenue growth; # revenue ratios; # cost reductions; # cost ratios or margins; # overall revenue or sales growth; # expense reduction or management; # market position or market share; # total shareholder return; # return on investment; # earnings before interest and taxes (EBIT); # net income (before or after taxes); # return on assets or net assets; # economic value added; # shareholder value added; # cash flow return on investment; # net operating profit; # net operating profit after tax; # return on capital; # return on invested capital; # customer growth; # financial ratios, including those measuring liquidity, activity, profitability or leverage; # financing and other capital raising transactions; # strategic partnerships or transactions; # successful completion of acquisitions; or # any combination of or a specified increase in any of the foregoing or any other performance criteria as may be established by the Committee. Performance Objectives may be in respect of the performance of the Company, any of its Subsidiaries, any of its Divisions or any combination thereof. Performance Objectives may be absolute or relative (to prior performance of the Company or to the performance of one or more other entities or external indices) and may be expressed in terms of a progression within a specified range. The Performance Objectives with respect to a Performance Cycle shall be established by the Committee while the performance relating to the Performance Objectives remains substantially uncertain.

Establishment of Plan; Purposes. [[Organization A:Organization]] (the “Company”) adopted an Employee Stock Purchase Plan effective October 8, 2014, which plan was approved by the Company’s shareholders on March 20, 2015 and then amended and restated as of May 24, 2016, and which plan is now amended and restated as of the date first written above (such plan, as amended from time to time, the “Plan”). The purpose of the Plan is to provide Eligible Employees (as defined below) with a convenient means of acquiring an equity interest in the Company through payroll deductions, to enhance such employees’ sense of participation in the affairs of the Company and Participating Subsidiaries, and to provide an incentive for continued employment. The Company intends that this Plan qualify as an “employee stock purchase plan” under Section 423 of the Internal Revenue Code of 1986, as amended or replaced to date or hereafter (the “Code”), and this Plan will be so construed. Any term not expressly defined in this Plan but defined for purposes of Section 423 of the Code will have the same definition herein. For purposes of this Plan, the terms “Parent Corporation” and “Subsidiary” have the same meanings as “parent corporation” and “subsidiary corporation” in [Sections 424(e) and 424(f)])], respectively, of the Code. The term “Participating Subsidiaries” are Parent Corporations or Subsidiaries that the Board of Directors of the Company (the “Board”) designates from time to time as corporations that participate in this Plan.

Perdoceo Education Corporation (formerly known as Career Education Corporation), a Delaware corporation (the “Company”), hereby establishes the Perdoceo Education Corporation Amended and Restated 2016 Incentive Compensation Plan (the “Plan”), as set forth in this document. Capitalized terms used but not otherwise defined herein will have the meanings given to them in ARTICLE II. The Plan, prior to its amendment and restatement, originally became effective on May 24, 2016 (the “Original Effective Date”). This amendment and restatement of the Plan was approved by the Board on March 26, 2021, subject to approval of the Company’s stockholders. Approval of the Company’s stockholders was obtained on June 3, 2021 (the “Effective Date”). The Plan permits the grant of Options, including Non-Qualified Stock Options and Incentive Stock Options, Stock Appreciation Rights, Restricted Stock, Restricted Stock Units, Deferred Stock, Performance Units, Performance Shares, Substitute Awards, Dividend Equivalents, Annual Incentive Awards and other Awards. Following the Original Effective Date, no new awards have been or will be granted under any Prior Plan.

ESTABLISHMENT OF PLAN. PHX Minerals Inc. (the “Company”) hereby establishes the “PHX Minerals Inc. 2021 Long-Term Incentive Plan”, which was adopted by the Board on January 5, 2021, subject to the approval of the Company’s shareholders. The Plan shall become effective on the date on which the Company’s shareholders approve the Plan (the “Effective Date”). The Plan replaces the Company’s 2010 Restricted Stock Plan (as amended, the “Prior Plan”) for Awards granted on or after the Effective Date. Awards may not be granted under the Prior Plan beginning on the Effective Date, but this Plan shall not affect the terms or conditions of any award granted under the Prior Plan prior to the Effective Date.

Establishment of Plan. [[Organization A:Organization]], a Delaware corporation, is establishing this unfunded separation benefits plan (the “Plan”) that is intended to be a welfare benefit plan within the meaning of Section 3(1) of ERISA. The Plan is in effect for Covered Employees of the Company and its Applicable Subsidiaries who experience a Covered Termination occurring after the Effective Date and before the termination of this Plan. This Plan supersedes any and all # severance plans, separation policies, and practices applying to Covered Employees that may have been in effect before the Effective Date with respect to any termination of employment and # the provisions of any agreements between any Covered Employee and the Company that provide for severance or termination benefits.

Establishment of the Plan. The Company hereby adopts and establishes, effective as of the Effective Date, an unfunded deferred compensation plan for Eligible Employees, which shall be known as the Genpact LLC Executive Deferred Compensation Plan.

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