Electronic Notice Contract Clauses (48)

Electronic Notice. An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this Section 16 if sent to the electronic mail address specified by the receiving party under separate cover. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form ("Nonelectronic N...otice") which shall be sent to the requesting party within ten (10) days of receipt of the written request for Nonelectronic Notice. View More

Electronic Notice. The Recipient consents and agrees to electronic delivery of any documents that the Company may elect to deliver (including, but not limited to, prospectuses, prospectus supplements, grant or award notifications and agreements, account statements, annual and quarterly reports, and all other forms of communications) in connection with this Agreement and any other award made under the Plan. The Recipient understands that, unless earlier revoked by the Recipient by giving written notice to the Compa...ny at CytoDyn Inc., ATTN: General Counsel, 1111 Main Street, Suite 660, Vancouver, WA 98660, this consent will be effective for the duration of the PSU. By accepting the terms and conditions of this Agreement, the Recipient acknowledges receipt of a copy of the Plan, Prospectus, and the Company's most recent Annual Report and Proxy Statement (the "Prospectus Information"). The Recipient represents that he or she is familiar with the terms and provisions of the Prospectus Information and hereby accepts this PSU on the terms and conditions set forth herein and in the Plan, and acknowledges that he or she had the opportunity to obtain independent legal advice at his or her expense prior to accepting this PSU. A-3 SCHEDULE 1 PERFORMANCE CONDITIONS Target Number of PSUs: [Performance conditions may include, but are not limited to, achievement of financial measures such as revenue, EBITDA, revenues from a product or division, total shareholder return, stock price increase, growth measures, return on equity, return on capital, cash flow, earnings measures, operating profit/margin, operating income, net earnings, net income or net loss, or strategic business measures, consisting of one or more objectives based on meeting specified revenue, market share, market penetration, business expansion goals, stock listing criteria, objectively identified project milestones, testing milestones, production volume levels, cost targets, regulatory approvals, product achievements, product line expansion, employee retention, goals relating to acquisition, divestitures, or financing] EX-10.2 3 d696347dex102.htm EX-10.2 EX-10.2 Exhibit 10.2 CYTODYN INC PERFORMANCE-BASED RESTRICTED STOCK UNIT AGREEMENT NOTICE OF GRANT CytoDyn Inc. (the "Company") is pleased to inform you that you, <>, have been granted the number of Performance-Based Restricted Stock Units ("PSUs") indicated below under the Company's 2012 Equity Incentive Plan, as amended (the "Plan") and the terms of this Performance-Based Restricted Stock Unit Agreement (including the Notice of Grant and Appendix A, all of which are the "Agreement"). Subject to the provisions of the Agreement and the Plan, the principal features of this grant are as follows: Grant Date: Total Number of PSUs: Vesting Date: Performance Conditions: See attached Schedule 1 Performance Period: Acceptance Deadline: You must accept this grant of PSUs prior to the Acceptance Deadline, which is fourteen (14) days from the Grant Date. Other Conditions: Except as otherwise provided in the Agreement or by the terms of the Plan, in addition to meeting the Performance Conditions set forth above, you must be providing Continuous Service to the Company or one of its Affiliates on the Vesting Date in order to vest in the PSUs. Your acceptance of this grant either by signature below or by electronic acceptance indicates your understanding that this grant is subject to all of the terms described in this Agreement, including Appendix A, and the Plan. Important additional information on vesting and forfeiture of the PSUs covered by this grant is contained in paragraphs 3, 4 and 6 of Appendix A. PLEASE BE SURE TO READ ALL OF APPENDIX A, WHICH CONTAINS THE SPECIFIC TERMS OF THIS GRANT. THIS AGREEMENT MUST BE ACCEPTED BY YOU BY THE ACCEPTANCE DEADLINE, OR THIS GRANT OF PSUS WILL AUTOMATICALLY BE CANCELED. CYTODYN INC. GRANTEE By: Title: <> APPENDIX A TERMS OF PERFORMANCE-BASED RESTRICTED STOCK UNITS 1. Grant. The Company hereby grants to you under the Plan the number of PSUs indicated in the Notice of Grant, subject to all of the terms in this Agreement and the Plan. View More