Shares Subject to the Plan Clause Example with 13 Variations from Business Contracts
This page contains Shares Subject to the Plan clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Shares Subject to the Plan. (a) Allocation of Shares to Plan. The maximum aggregate number of Shares that may be issued under the Plan is: (i) 30,000,000 Shares, plus (ii) a number of Shares equal to the number of shares of Class B common stock of the Company subject to outstanding awards granted under the Square, Inc. 2009 Stock Plan that, after the Registration Date, expire or otherwise terminate without having been exercised in full and a number of Shares equal to the number of Shares of Class B common Stock of the Comp...any issued under awards granted under the Existing Plan that, after the Registration Date, are forfeited to the Company, tendered to or withheld by the Company for payment of an exercise price or for tax withholding, or repurchased by the Company due to failure to vest, with the maximum number of Shares that may be added to the Plan under this Section 2(a)(i) being equal to 106,234,076 Shares, plus (iii) any additional Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). The Shares may be authorized but unissued Common Stock or Common Stock issued and then reacquired by the Company. (b) Automatic Share Reserve Increase. The number of Shares available for issuance under the Plan will be increased on the first day of each Fiscal Year beginning with the 2016 Fiscal Year, in an amount equal to the least of (i) 40,000,000 Shares, (ii) 5 % of the total number of shares of all classes of the Company's common stock outstanding on the last day of the immediately preceding Fiscal Year, and (iii) a lower number of Shares determined by the Administrator. (c) Lapsed Awards. (i) Options and Stock Appreciation Rights. If an Option or Stock Appreciation Right expires or becomes unexercisable without having been exercised in full or is surrendered under an Exchange Program, the unissued Shares subject to the Option or Stock Appreciation Right will become available for future issuance under the Plan. (ii) Stock Appreciation Rights. Only Shares actually issued pursuant to a Stock Appreciation Right (i.e., the net Shares issued) will cease to be available under the Plan; all remaining Shares originally subject to the Stock Appreciation Right will remain available for future issuance under the Plan. (iii) Full-Value Awards. Shares issued pursuant to Awards of Restricted Stock, Restricted Stock Units, Performance Shares, Performance Stock Units or stock-settled Performance Awards that are reacquired by the Company due to failure to vest or are forfeited to the Company will become available for future issuance under the Plan. (iv) Withheld Shares. Shares used to pay the Exercise Price of an Award or to satisfy tax withholding obligations related to an Award will become available for future issuance under the Plan. (v) Cash-Settled Awards. If any portion of an Award under the Plan is paid to a Participant in cash rather than Shares, that cash payment will not reduce the number of Shares available for issuance under the Plan. (d) Incentive Stock Options. The maximum number of Shares that may be issued upon the exercise of Incentive Stock Options will equal 200% of the aggregate Share number stated in Section 2(a) plus, to the extent allowable under Code Section 422, any Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). (e) Adjustment. The numbers provided in Sections 2(a), 2(b), and 2(d) will be adjusted as a result of changes in capitalization referred to in Section 13. (f) Substitute Awards. If the Committee grants Awards in substitution for equity compensation awards outstanding under a plan maintained by an entity acquired by or consolidated with the Company, the grant of those substitute Awards will not decrease the number of Shares available for issuance under the Plan.View More
Variations of a "Shares Subject to the Plan" Clause from Business Contracts
Shares Subject to the Plan. (a) Allocation of Shares to Plan. Share Limitation. The maximum aggregate number of Shares that may be issued under the Plan is: is (i) 30,000,000 Shares, 13,800,000 Shares plus (ii) the sum of any Returning Shares which become available from time to time plus (iii) an annual increase on the first day of each calendar year, for a number period of Shares not more than ten (10) years, beginning on January 1, 2023, and ending on (and including) January 1, 2031, in an amount equal to the number of s...hares of Class B common stock (A) five percent (5%) of the Company subject to outstanding awards granted under Shares on the Square, Inc. 2009 Stock Plan that, after the Registration Date, expire or otherwise terminate without having been exercised in full and a number of Shares equal to the number of Shares of Class B common Stock last day of the Company issued under awards granted under immediately preceding calendar year or (B) such lesser amount (including zero) that the Existing Plan that, after Administrator determines for purposes of the Registration Date, are forfeited to annual increase for that year. Notwithstanding the Company, tendered to or withheld by foregoing, the Company for payment of an exercise price or for tax withholding, or repurchased by the Company due to failure to vest, with the maximum number of Shares that may be added delivered in the aggregate pursuant to the exercise of ISOs granted under the Plan shall not exceed five (5) times the number of Shares provided under this (i) above plus, to the extent allowable under Section 2(a)(i) being equal to 106,234,076 Shares, plus (iii) 422 of the Code, any additional Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). pursuant to Section 3(b). The Shares may be authorized but unissued Common Stock or Common Stock issued and then reacquired by the Company. (b) Automatic Share Reserve Increase. The number of Shares available for issuance under the Plan will be increased on the first day of each Fiscal Year beginning with the 2016 Fiscal Year, in an amount equal to the least of (i) 40,000,000 Shares, (ii) 5 % of the total number of shares of all classes of the Company's common stock outstanding on the last day of the immediately preceding Fiscal Year, and (iii) a lower number of Shares determined by the Administrator. (c) Lapsed Awards. (i) Options and Stock Appreciation Rights. Additional Shares. If an Option or Stock Appreciation Right expires or becomes unexercisable without having been exercised in full or is surrendered under an Exchange Program, the unissued Shares subject to the Option or Stock Appreciation Right will become available for future issuance under the Plan. (ii) Stock Appreciation Rights. Only Shares actually issued pursuant to a Stock Appreciation Right (i.e., the net Shares issued) will cease to be available under the Plan; all remaining Shares originally subject to the Stock Appreciation Right will remain available for future issuance under the Plan. (iii) Full-Value Awards. Shares issued pursuant to Awards of Restricted Stock, Restricted Stock 7 Units, Performance Shares, Performance Stock Units or stock-settled Performance Awards that are reacquired by the Company due to failure to vest or are forfeited to the Company will become available for future issuance under the Plan. (iv) Withheld Shares. Shares used to pay the Exercise Price of an Award or to satisfy tax withholding obligations Tax Withholdings related to an Award will become available for future issuance under the Plan. (v) Cash-Settled Awards. If any portion of an Award under the Plan is paid to a Participant in cash rather than Shares, that cash payment will not reduce the number of Shares available for issuance under the Plan. (d) Incentive Stock Options. The maximum number of Shares that may be issued upon the exercise of Incentive Stock Options will equal 200% of the aggregate Share number stated in Section 2(a) plus, to the extent allowable under Code Section 422, any Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). (e) Adjustment. The numbers provided in Sections 2(a), 2(b), and 2(d) this Section 3 will be adjusted as a result of changes in capitalization referred to in and any other adjustments under Section 13. (f) Substitute Awards. If the Committee Administrator grants Awards in substitution for equity compensation awards outstanding under a plan maintained by an entity that is acquired by or consolidated with that becomes a part of any member of the Company, Company group, the grant of those substitute Awards will not decrease the number of Shares available for issuance under the Plan. The Company, during the term of this Plan, will at all times reserve and keep available such number of Shares as will be sufficient to satisfy the requirements of the Plan. View More
Shares Subject to the Plan. (a) Allocation (a)Allocation of Shares to Plan. The maximum aggregate number of Shares that may be issued under the Plan is: (i) 30,000,000 Shares, plus (ii) a number of Shares equal to the number of shares of Class B common stock of the Company subject to outstanding awards granted under the Square, Inc. 2009 Stock Plan that, after the Registration Date, expire or otherwise terminate without having been exercised in full and a number of Shares equal to the number of Shares of Class B common Sto...ck of the Company issued under awards granted under the Existing Plan that, after the Registration Date, are forfeited to the Company, tendered to or withheld by the Company for payment of an exercise price or for tax withholding, or repurchased by the Company due to failure to vest, with the maximum number of Shares that may be added to the Plan under this Section 2(a)(i) being equal to 106,234,076 Shares, plus (iii) any additional Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). is 1,700,000 Shares. The Shares may be authorized but unissued Common Stock or Common Stock issued and then reacquired by the Company. (b) Automatic Share Reserve Increase. The number of Shares available for issuance under the Plan will be increased on the first day of each Fiscal Year beginning with the 2016 Fiscal Year, in an amount equal to the least of (i) 40,000,000 Shares, (ii) 5 % of the total number of shares of all classes of the Company's common stock outstanding on the last day of the immediately preceding Fiscal Year, and (iii) a lower number of Shares determined by the Administrator. (c) Lapsed (b)Lapsed Awards. (i) Options (i)Options and Stock Appreciation Rights. If an Option or a Stock Appreciation Right expires or becomes unexercisable without having been exercised in full or is surrendered under an Exchange Program, the unissued Shares subject to the Option or Stock Appreciation Right will become available for future issuance under the Plan. (ii) Stock (ii)Stock Appreciation Rights. Only Shares actually issued pursuant to a Stock Appreciation Right (i.e., the net Shares issued) will cease to be available under the Plan; all remaining Shares originally subject to the Stock Appreciation Right will remain available for future issuance under the Plan. (iii) Full-Value (iii)Full-Value Awards. Shares issued pursuant to Awards of Restricted Stock, Restricted Stock Units, Performance Shares, Performance Stock Units or stock-settled Performance Awards that are reacquired by the Company due to failure to vest or are forfeited to the Company will become available for future issuance under the Plan. (iv) Withheld (iv)Withheld Shares. Shares used to pay the Exercise Price of an Award or to satisfy tax withholding obligations related to an Award will become available for future issuance under the Plan. (v) Cash-Settled (v)Cash-Settled Awards. If any portion of an Award under the Plan is paid to a Participant in cash rather than Shares, that cash payment will not reduce the number of Shares available for issuance under the Plan. (d) Incentive Stock Options. (c)Adjustment. The maximum number of Shares that may be issued upon the exercise of Incentive Stock Options will equal 200% of the aggregate Share number stated provided in Section 2(a) plus, to the extent allowable under Code Section 422, any Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). (e) Adjustment. The numbers provided in Sections 2(a), 2(b), and 2(d) will be adjusted as a result of changes in capitalization referred to in and any other adjustments under Section 13. (f) Substitute 12. (d)Substitute Awards. If the Committee Administrator grants Awards in substitution for equity compensation awards outstanding under a plan maintained by an entity acquired by or consolidated with the Company, the grant of those substitute Awards will not decrease the number of Shares available for issuance under the Plan. View More
Shares Subject to the Plan. (a) Allocation of Shares to Plan. The maximum aggregate number of Shares that may be issued under the Plan is: (i) 30,000,000 4,296,875 Shares, plus (ii) a number of any Shares equal to the number of shares of Class B common stock of the Company subject to outstanding stock options or other awards granted under the Square, Inc. 2009 Stock Plan that, Company's 2017 Equity Incentive Plan, as amended, that on or after the Registration Date, expire or otherwise terminate without having been exercise...d in full and a number of Shares equal to the number of Shares of Class B common Stock of the Company issued under awards granted under the Existing Plan that, after the Registration Date, full, are forfeited to the Company, tendered to or withheld by the Company for payment of an exercise price or for tax withholding, withholding obligations, or are forfeited to or repurchased by the Company due to failure to vest, with the maximum number of Shares that may to be added to the Plan under this Section 2(a)(i) being clause (ii) equal to 106,234,076 6,269,300 Shares, plus (iii) any additional Shares that become available for issuance under the Plan under Sections 2(b) 3(b) and 2(c). 3(c). The Shares may be authorized but unissued Common Stock or Common Stock issued and then reacquired by the Company. (b) Automatic Share Reserve Increase. The number of Shares available for issuance under the Plan will be increased on the first day of each Fiscal Year beginning with the 2016 2023 Fiscal Year, in an amount equal to the least of of: (i) 40,000,000 4,296,875 Shares, (ii) 5 % Five percent (5%) of the total number of shares of all classes of the Company's common stock of the Company outstanding on the last day of the immediately preceding Fiscal Year, and (iii) a lower lesser number of Shares determined by the Administrator. (c) Lapsed Awards. Share Reserve Return. (i) Options and Stock Appreciation Rights. If an Option or Stock Appreciation Right expires or becomes unexercisable without having been exercised in full or is surrendered under an Exchange Program, the unissued Shares subject to the Option or Stock Appreciation Right will become available for future issuance under the Plan. 7 (ii) Stock Appreciation Rights. Only Shares actually issued pursuant to a Stock Appreciation Right (i.e., the net Shares issued) will cease to be available under the Plan; all remaining Shares originally subject to the Stock Appreciation Right will remain available for future issuance under the Plan. (iii) Full-Value Awards. Shares issued pursuant to Awards of Restricted Stock, Restricted Stock Units, Performance Shares, Performance Stock Units or stock-settled Performance Awards that are reacquired by the Company due to failure to vest or are forfeited to the Company will become available for future issuance under the Plan. (iv) Withheld Shares. Shares used to pay the Exercise Price of an Award or to satisfy tax withholding obligations Tax Withholdings related to an Award will become available for future issuance under the Plan. (v) Cash-Settled Awards. If any portion of an Award under the Plan is paid to a Participant in cash rather than Shares, that cash payment will not reduce the number of Shares available for issuance under the Plan. (d) Incentive Stock Options. The maximum number of Shares that may be issued upon the exercise of Incentive Stock Options will equal 200% 300% of the aggregate Share number stated in Section 2(a) 3(a) plus, to the extent allowable under Code Section 422, any Shares that become available for issuance under the Plan under Sections 2(b) 3(b) and 2(c). 3(c). (e) Adjustment. The numbers provided in Sections 2(a), 2(b), 3(a), 3(b), and 2(d) 3(d) will be adjusted as a result of changes in capitalization referred to in and any other adjustments under Section 13. (f) Substitute Awards. If the Committee grants Awards in substitution for equity compensation awards outstanding under a plan maintained by an entity acquired by or consolidated with becomes a part of any member of the Company, Company group, the grant of those substitute Awards will not decrease the number of Shares available for issuance under the Plan. (g) Share Reserve. The Company, during the term of this Plan, will at all times reserve and keep available such number of Shares as will be sufficient to satisfy the requirements of the Plan. View More
Shares Subject to the Plan. (a) Allocation of Shares to Plan. The maximum aggregate number of Shares that may be issued under the Plan is: (i) 30,000,000 2,292,366 Shares, plus (ii) a number of any Shares equal to the number of shares of Class B common stock of the Company subject to outstanding awards granted under the Square, Inc. 2009 Company's 2008 Stock Plan (the "Existing Plan") that, on or after the Registration Date, expire or otherwise terminate without having been exercised in full and a number of Shares equal to... the number of Shares of Class B common Stock of the Company issued under awards granted under the Existing Plan that, after the Registration Date, full, are forfeited to the Company, tendered to or withheld by the Company for payment of an exercise price or for tax withholding, withholding obligations, or are forfeited to or repurchased by the Company due to failure to vest, with the maximum number of Shares that may to be added to the Plan under this Section 2(a)(i) being clause (ii) equal to 106,234,076 2,154,771 Shares, plus (iii) any additional Shares that become available for issuance under the Plan under Sections 2(b) 3(b) and 2(c). 3(c). The Shares may be authorized but unissued Common Stock or Common Stock issued and then reacquired by the Company. (b) Automatic Share Reserve Increase. The number of Shares available for issuance under the Plan will be increased on the first day of each Fiscal Year beginning with the 2016 2023 Fiscal Year, in an amount equal to the least of of: (i) 40,000,000 5,730,915 Shares, (ii) 5 % five percent (5%) of the total number of shares of all classes of the Company's common stock of the Company outstanding on the last day of the immediately preceding Fiscal Year, and (iii) a lower lesser number of Shares determined by the Administrator. (c) Lapsed Awards. Share Reserve Return. (i) Options and Stock Appreciation Rights. If an Option or Stock Appreciation Right expires or becomes unexercisable without having been exercised in full or is surrendered under an Exchange Program, the unissued Shares subject to the Option or Stock Appreciation Right will become available for future issuance under the Plan. 7 (ii) Stock Appreciation Rights. Only Shares actually issued pursuant to a Stock Appreciation Right (i.e., the net Shares issued) will cease to be available under the Plan; all remaining Shares originally subject to the Stock Appreciation Right will remain available for future issuance under the Plan. (iii) Full-Value Awards. Shares issued pursuant to Awards of Restricted Stock, Restricted Stock Units, Performance Shares, Performance Stock Units or stock-settled Performance Awards that are reacquired by the Company due to failure to vest or are forfeited to the Company will become available for future issuance under the Plan. (iv) Withheld Shares. Shares used to pay the Exercise Price of an Award or to satisfy tax withholding obligations Tax Withholdings related to an Award will become available for future issuance under the Plan. (v) Cash-Settled Awards. If any portion of an Award under the Plan is paid to a Participant in cash rather than Shares, that cash payment will not reduce the number of Shares available for issuance under the Plan. (d) Incentive Stock Options. The maximum number of Shares that may be issued upon the exercise of Incentive Stock Options will equal 200% of the aggregate Share number stated in Section 2(a) 3(a) plus, to the extent allowable under Code Section 422, any Shares that become available for issuance under the Plan under Sections 2(b) 3(b) and 2(c). 3(c). (e) Adjustment. The numbers provided in Sections 2(a), 2(b), 3(a), 3(b), and 2(d) 3(d) will be adjusted as a result of changes in capitalization referred to in and any other adjustments under Section 13. (f) Substitute Awards. If the Committee grants Awards in substitution for equity compensation awards outstanding under a plan maintained by an entity acquired by or consolidated with becomes a part of any member of the Company, Company group, the grant of those substitute Awards will not decrease the number of Shares available for issuance under the Plan. (g) Share Reserve. The Company, during the term of this Plan, will at all times reserve and keep available such number of Shares as will be sufficient to satisfy the requirements of the Plan. View More
Shares Subject to the Plan. (a) Allocation of Shares to Plan. The maximum aggregate number of Shares that may be issued under the Plan is: (i) 30,000,000 3,480,510 Shares, plus (ii) a number of any Shares equal to the number of shares of Class B common stock of the Company subject to outstanding awards granted under the Square, Inc. 2009 Stock Company's 2010 Equity Incentive Plan (the "Existing Plan") that, on or after the Registration Date, expire or otherwise terminate without having been exercised in full and a number o...f Shares equal to the number of Shares of Class B common Stock of the Company issued under awards granted under the Existing Plan that, after the Registration Date, full, are forfeited to the Company, tendered to or withheld by the Company for payment of an exercise price or for tax withholding, withholding obligations, or are forfeited to or repurchased by the Company due to failure to vest, with the maximum number of Shares that may to be added to the Plan under this Section 2(a)(i) being clause (b) equal to 106,234,076 10,647,070 Shares, plus (iii) any additional Shares that become available for issuance under the Plan under Sections 2(b) 3(b) and 2(c). 3(c). The Shares may be authorized but unissued Common Stock or Common Stock issued and then reacquired by the Company. (b) Automatic Share Reserve Increase. The number of Shares available for issuance under the Plan will be increased on the first day of each Fiscal Year beginning with the 2016 2022 Fiscal Year, in an amount equal to the least of of: (i) 40,000,000 8,701,275 Shares, (ii) 5 % Five percent (5%) of the total number of shares of all classes of the Company's common stock of the Company outstanding on the last day of the immediately preceding Fiscal Year, and (iii) a lower lesser number of Shares determined by the Administrator. (c) Lapsed Awards. Share Reserve Return. (i) Options and Stock Appreciation Rights. If an Option or Stock Appreciation Right expires or becomes unexercisable without having been exercised in full or is surrendered under an Exchange Program, the unissued Shares subject to the Option or Stock Appreciation Right will become available for future issuance under the Plan. (ii) Stock Appreciation Rights. Only Shares actually issued pursuant to a Stock Appreciation Right (i.e., the net Shares issued) will cease to be available under the Plan; all remaining Shares originally subject to the Stock Appreciation Right will remain available for future issuance under the Plan. 7 (iii) Full-Value Awards. Shares issued pursuant to Awards of Restricted Stock, Restricted Stock Units, Performance Shares, Performance Stock Units or stock-settled Performance Awards that are reacquired by the Company due to failure to vest or are forfeited to the Company will become available for future issuance under the Plan. (iv) Withheld Shares. Shares used to pay the Exercise Price of an Award or to satisfy tax withholding obligations Tax Withholdings related to an Award will become available for future issuance under the Plan. (v) Cash-Settled Awards. If any portion of an Award under the Plan is paid to a Participant in cash rather than Shares, that cash payment will not reduce the number of Shares available for issuance under the Plan. (d) Incentive Stock Options. The maximum number of Shares that may be issued upon the exercise of Incentive Stock Options will equal 200% of the aggregate Share number stated in Section 2(a) 3(a) plus, to the extent allowable under Code Section 422, any Shares that become available for issuance under the Plan under Sections 2(b) 3(b) and 2(c). 3(c). (e) Adjustment. The numbers provided in Sections 2(a), 2(b), 3(a), 3(b), and 2(d) 3(d) will be adjusted as a result of changes in capitalization referred to in and any other adjustments under Section 13. (f) Substitute Awards. If the Committee grants Awards in substitution for equity compensation awards outstanding under a plan maintained by an entity acquired by or consolidated with becomes a part of any member of the Company, Company group, the grant of those substitute Awards will not decrease the number of Shares available for issuance under the Plan. (g) Share Reserve. The Company, during the term of this Plan, will at all times reserve and keep available such number of Shares as will be sufficient to satisfy the requirements of the Plan. View More
Shares Subject to the Plan. (a) Allocation of Shares to Plan. The maximum aggregate number of Shares that may be issued under the Plan is: (i) 30,000,000 3,480,510 Shares, plus (ii) a number of any Shares equal to the number of shares of Class B common stock of the Company subject to outstanding awards granted under the Square, Inc. 2009 Stock Company's 2010 Equity Incentive Plan (the "Existing Plan") that, on or after the Registration Date, expire or otherwise terminate without having been exercised in full and a number o...f Shares equal to the number of Shares of Class B common Stock of the Company issued under awards granted under the Existing Plan that, after the Registration Date, full, are forfeited to the Company, tendered to or withheld by the Company for payment of an exercise price or for tax withholding, withholding obligations, or are forfeited to or repurchased by the Company due to failure to vest, with the maximum number of Shares that may to be added to the Plan under this Section 2(a)(i) being clause (b) equal to 106,234,076 10,647,070 Shares, plus (iii) any additional Shares that become available for issuance under the Plan under Sections 2(b) 3(b) and 2(c). 3(c). The Shares may be authorized but unissued Common Stock or Common Stock issued and then reacquired by the Company. (b) Automatic Share Reserve Increase. The number of Shares available for issuance under the Plan will be increased on the first day of each Fiscal Year beginning with the 2016 2022 Fiscal Year, in an amount equal to the least of of: (i) 40,000,000 8,701,275 Shares, (ii) 5 % Five percent (5%) of the total number of shares of all classes of the Company's common stock of the Company outstanding on the last day of the immediately preceding Fiscal Year, and (iii) a lower lesser number of Shares determined by the Administrator. (c) Lapsed Awards. Share Reserve Return. (i) Options and Stock Appreciation Rights. If an Option or Stock Appreciation Right expires or becomes unexercisable without having been exercised in full or is surrendered under an Exchange Program, the unissued Shares subject to the Option or Stock Appreciation Right will become available for future issuance under the Plan. (ii) Stock Appreciation Rights. Only Shares actually issued pursuant to a Stock Appreciation Right (i.e., the net Shares issued) will cease to be available under the Plan; all remaining Shares originally subject to the Stock Appreciation Right will remain available for future issuance under the Plan. (iii) Full-Value Awards. Shares issued pursuant to Awards of Restricted Stock, Restricted Stock Units, Performance Shares, Performance Stock Units or stock-settled Performance Awards that are reacquired by the Company due to failure to vest or are forfeited to the Company will become available for future issuance under the Plan. (iv) Withheld Shares. Shares used to pay the Exercise Price of an Award or to satisfy tax withholding obligations Tax Withholdings related to an Award will become available for future issuance under the Plan. (v) Cash-Settled Awards. If any portion of an Award under the Plan is paid to a Participant in cash rather than Shares, that cash payment will not reduce the number of Shares available for issuance under the Plan. (d) Incentive Stock Options. The maximum number of Shares that may be issued upon the exercise of Incentive Stock Options will equal 200% of the aggregate Share number stated in Section 2(a) 3(a) plus, to the extent allowable under Code Section 422, any Shares that become available for issuance under the Plan under Sections 2(b) 3(b) and 2(c). 3(c). (e) Adjustment. The numbers provided in Sections 2(a), 2(b), 3(a), 3(b), and 2(d) 3(d) will be adjusted as a result of changes in capitalization referred to in and any other adjustments under Section 13. (f) Substitute Awards. If the Committee grants Awards in substitution for equity compensation awards outstanding under a plan maintained by an entity acquired by or consolidated with becomes a part of any member of the Company, Company group, the grant of those substitute Awards will not decrease the number of Shares available for issuance under the Plan. (g) Share Reserve. The Company, during the term of this Plan, will at all times reserve and keep available such number of Shares as will be sufficient to satisfy the requirements of the Plan. View More
Shares Subject to the Plan. (a) Allocation of Shares to Plan. The maximum aggregate number of Shares that may be issued under the Plan is: (i) 30,000,000 5,520,000 Shares, plus (ii) a number of any Shares equal to the number of shares of Class B common stock of the Company subject to outstanding awards granted under the Square, Inc. 2009 Company's 2012 Stock Plan (the "Existing Plan") that, on or after the Registration Date, expire or otherwise terminate without having been exercised in full and a number of Shares equal to... the number of Shares of Class B common Stock of the Company issued under awards granted under the Existing Plan that, after the Registration Date, full, are forfeited to the Company, tendered to or withheld by the Company for payment of an exercise price or for tax withholding, withholding obligations, or are forfeited to or repurchased by the Company due to failure to vest, with the maximum number of Shares that may to be added to the Plan under this Section 2(a)(i) being clause (ii) equal to 106,234,076 23,000,000 Shares, plus (iii) any additional Shares that become available for issuance under the Plan under Sections 2(b) 3(b) and 2(c). 3(c). The Shares may be authorized but unissued Common Stock or Common Stock issued and then reacquired by the Company. (b) Automatic Share Reserve Increase. The number of Shares available for issuance under the Plan will be increased on the first day of each Fiscal Year beginning with the 2016 2021 Fiscal Year, in an amount equal to the least of of: (i) 40,000,000 15,000,000 Shares, (ii) 5 % 5% of the total number of shares of all classes of the Company's common stock of the Company outstanding on the last day of the immediately preceding Fiscal Year, and (iii) a lower lesser number of Shares determined by the Administrator. 7 (c) Lapsed Awards. Share Reserve Return. (i) Options and Stock Appreciation Rights. If an Option or Stock Appreciation Right expires or becomes unexercisable without having been exercised in full or is surrendered under an Exchange Program, the unissued Shares subject to the Option or Stock Appreciation Right will become available for future issuance under the Plan. (ii) Stock Appreciation Rights. Only Shares actually issued pursuant to a Stock Appreciation Right (i.e., the net Shares issued) will cease to be available under the Plan; all remaining Shares originally subject to the Stock Appreciation Right will remain available for future issuance under the Plan. (iii) Full-Value Awards. Shares issued pursuant to Awards of Restricted Stock, Restricted Stock Units, Performance Shares, Performance Stock Units or stock-settled Performance Awards that are reacquired by the Company due to failure to vest or are forfeited to the Company will become available for future issuance under the Plan. (iv) Withheld Shares. Shares used to pay the Exercise Price of an Award or to satisfy tax withholding obligations Tax Withholdings related to an Award will become available for future issuance under the Plan. (v) Cash-Settled Awards. If any portion of an Award under the Plan is paid to a Participant in cash rather than Shares, that cash payment will not reduce the number of Shares available for issuance under the Plan. (d) Incentive Stock Options. The maximum number of Shares that may be issued upon the exercise of Incentive Stock Options will equal 200% of the aggregate Share number stated in Section 2(a) 3(a) plus, to the extent allowable under Code Section 422, any Shares that become available for issuance under the Plan under Sections 2(b) 3(b) and 2(c). 3(c). (e) Adjustment. The numbers provided in Sections 2(a), 2(b), 3(a), 3(b), and 2(d) 3(d) will be adjusted as a result of changes in capitalization referred to in and any other adjustments under Section 13. (f) Substitute Awards. If the Committee grants Awards in substitution for equity compensation awards outstanding under a plan maintained by an entity acquired by or consolidated with becomes a part of any member of the Company, Company group, the grant of those substitute Awards will not decrease the number of Shares available for issuance under the Plan. (g) Share Reserve. The Company, during the term of this Plan, will at all times reserve and keep available such number of Shares as will be sufficient to satisfy the requirements of the Plan. View More
Shares Subject to the Plan. (a) Allocation of Shares to Plan. The maximum aggregate number of Shares that may be issued under the Plan is: is [ ], plus (i) 30,000,000 Shares, any Shares which have been reserved but not issued pursuant to any awards granted under the Desert Newco, LLC 2011 Unit Incentive Plan as of immediately prior to the Registration Date, plus (ii) a number of any Shares equal to the number of shares of Class B common stock of the Company subject to outstanding awards granted under the Square, Desert New...co, LLC 2011 Unit Incentive Plan, the Locu, Inc. 2009 Amended and Restated 2011 Equity Incentive Plan, and the Bootstrap, Inc. 2008 Stock Plan (collectively, the "Existing Plans") that, after the Registration Date, expire or otherwise terminate without having been exercised in full and a number of any Shares equal to the number of Shares of Class B common Stock of the Company issued under awards granted under the Existing Plan Plans that, after the Registration Date, are forfeited to the Company, tendered to or withheld by the Company for payment of an exercise price or for tax withholding, or repurchased by the Company due to failure to vest, Company, with the maximum number of Shares that may be added to the Plan under this Section Sections 2(a)(i) and 2(a)(ii) being equal to 106,234,076 [ ] Shares, plus (iii) any additional Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). The Shares may be authorized but unissued Common Stock or Common Stock issued and then reacquired by the Company. (b) Automatic Share Reserve Increase. The number of Shares available for issuance under the Plan will be increased on the first day of each Fiscal Year beginning with the 2016 Fiscal Year, in an amount equal to the least of (i) 40,000,000 [ ] Shares, (ii) 5 4 % of the total number of shares of all classes of the Company's common stock outstanding on the last day of the immediately preceding Fiscal Year, and (iii) a lower number of Shares determined by the Administrator. (c) Lapsed Awards. (i) Options and Stock Appreciation Rights. If an Option or Stock Appreciation Right expires or becomes unexercisable without having been exercised in full or is surrendered under an Exchange Program, the unissued Shares subject to the Option or Stock Appreciation Right will become available for future issuance under the Plan. (ii) Stock Appreciation Rights. Only Shares actually issued pursuant to a Stock Appreciation Right (i.e., the net Shares issued) will cease to be available under the Plan; all remaining Shares originally subject to the Stock Appreciation Right will remain available for future issuance under the Plan. (iii) Full-Value Awards. Shares issued pursuant to Awards of Restricted Stock, Restricted Stock Units, Performance Shares, Performance Stock Units or stock-settled Performance Awards that are reacquired by the Company due to failure to vest or are forfeited to the Company will become available for future issuance under the Plan. (iv) Withheld Shares. Shares used to pay the Exercise Price of an Award or to satisfy tax withholding obligations related to an Award will become available for future issuance under the Plan. (v) Cash-Settled Awards. If any portion of an Award under the Plan is paid to a Participant in cash rather than Shares, that cash payment will not reduce the number of Shares available for issuance under the Plan. (d) Incentive Stock Options. The maximum number of Shares that may be issued upon the exercise of Incentive Stock Options will equal 200% of the aggregate Share number stated in Section 2(a) plus, to the extent allowable under Code Section 422, any Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). (e) Adjustment. The numbers provided in Sections 2(a), 2(b), and 2(d) will be adjusted as a result of changes in capitalization referred to in Section 13. (f) Substitute Awards. If the Committee grants Awards in substitution for equity compensation awards outstanding under a plan maintained by an entity acquired by or consolidated with the Company, the grant of those substitute Awards will not decrease the number of Shares available for issuance under the Plan. View More
Shares Subject to the Plan. (a) Allocation of Shares to Plan. The maximum aggregate number of Shares that may be issued under the Plan is: (i) 30,000,000 29,335,000 Shares, plus (ii) a number of Shares equal to (A) the number of shares of the Company's Class A or Class B common stock of the Company subject to outstanding awards granted under the Square, Inc. 2009 Stock Plan Company's 2010 Equity Incentive Plan, as amended and restated (the "2010 Plan") that, after the Registration Date, date the 2010 Plan is terminated, ar...e cancelled, expire or otherwise terminate without having been exercised in full and a number of Shares equal to (B) the number of Shares shares of the Company's Class B common Stock of the Company issued under awards granted under the Existing Plan stock that, after the Registration Date, date the 2010 Plan is terminated, are forfeited to the Company, tendered to or withheld by the Company for payment of an exercise price or for tax withholding, or repurchased by the Company due to failure to vest, with the maximum number of Shares that may be added to the Plan under this Section 2(a)(i) 2(a)(ii) being equal to 106,234,076 37,326,953 Shares, plus (iii) any additional Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). The Shares may be authorized but unissued Common Stock or Common Stock issued and then reacquired by the Company. (b) Automatic Share Reserve Increase. The number of Shares available for issuance under the Plan will be increased on the first day of each Fiscal Year beginning with the 2016 2021 Fiscal Year, in an amount equal to the least of of: (i) 40,000,000 29,335,000 Shares, (ii) 5 % 5% of the total number of shares of all classes of the Company's common stock of the Company outstanding on the last day of the immediately preceding Fiscal Year, and (iii) a lower lesser number of Shares determined by the Administrator. (c) Lapsed Awards. (i) Options and Stock Appreciation Rights. If an Option or Stock Appreciation Right expires or becomes unexercisable without having been exercised in full or is surrendered under an Exchange Program, the unissued Shares subject to the Option or Stock Appreciation Right will become available for future issuance under the Plan. (ii) Stock Appreciation Rights. Only Shares actually issued pursuant to a Stock Appreciation Right (i.e., the net Shares issued) will cease to be available under the Plan; all remaining Shares originally subject to the Stock Appreciation Right will remain available for future issuance under the Plan. (iii) Full-Value Awards. Shares issued pursuant to Awards of Restricted Stock, Restricted Stock Units, Performance Shares, Performance Stock Units or stock-settled Performance Awards that are reacquired by the Company due to failure to vest or are forfeited to the Company will become available for future issuance under the Plan. (iv) Withheld Shares. Shares used to pay the Exercise Price of an Award or to satisfy tax withholding obligations related to an Award will become available for future issuance under the Plan. (v) Cash-Settled Awards. If any portion of an Award under the Plan is paid to a Participant in cash rather than Shares, that cash payment will not reduce the number of Shares available for issuance under the Plan. (d) Incentive Stock Options. The maximum number of Shares that may be issued upon the exercise of Incentive Stock Options will equal 200% of the aggregate Share number stated in Section 2(a) 2(a)(i) plus, to the extent allowable under Code Section 422, any Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). (e) Adjustment. The numbers provided in Sections 2(a), 2(b), and 2(d) will be adjusted as a result of changes in capitalization referred to in and any other adjustments under Section 13. 12. (f) Substitute Awards. If the Committee grants Awards in substitution for equity compensation awards outstanding under a plan maintained by an entity acquired by or consolidated with the Company, the grant of those substitute Awards will not decrease the number of Shares available for issuance under the Plan. View More
Shares Subject to the Plan. (a) Allocation of Shares to Plan. The maximum aggregate number of Shares that may be issued under the Plan is: (i) 30,000,000 8,800,000 Shares, plus (ii) a number of any Shares equal to the number of shares of Class B common stock of the Company subject to outstanding awards granted under the Square, Company's V Solar Holdings, Inc. 2009 Stock 2013 Omnibus Incentive Plan (the "Existing Plan") that, after the Registration Date, expire or otherwise terminate without having been exercised in full a...nd a number of any Shares equal to the number of Shares of Class B common Stock of the Company issued under awards granted under the Existing Plan that, after the Registration Date, are forfeited to the Company, tendered to or withheld by the Company for payment of an exercise price or for tax withholding, or repurchased by the Company due to failure to vest, Company, with the maximum number of Shares that may to be added to the Plan under this Section 2(a)(i) being 2(a)(ii) equal to 106,234,076 14,117,647 Shares, plus (iii) any additional Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). The Shares may be authorized but unissued Common Stock or Common Stock issued and then reacquired by the Company. (b) Automatic Share Reserve Increase. The number of Shares available for issuance under the Plan will be increased on the first day of each Fiscal Year beginning with the 2016 2015 Fiscal Year, in an amount equal to the least of (i) 40,000,000 8,800,000 Shares, (ii) 5 % 4% of the total number of shares of all classes of the Company's common stock Shares outstanding on the last day of the immediately preceding Fiscal Year, and (iii) a lower number of Shares determined by the Administrator. (c) Lapsed Awards. (i) Options and Stock Appreciation Rights. If an Option or Stock Appreciation Right expires or becomes unexercisable without having been exercised in full or is surrendered under an Exchange Program, the unissued Shares subject to the Option or Stock Appreciation Right will become available for future issuance under the Plan. (ii) Stock Appreciation Rights. Only Shares actually issued pursuant to a Stock Appreciation Right (i.e., the net Shares issued) will cease to be available under the Plan; all remaining Shares originally subject to the Stock Appreciation Right will remain available for future issuance under the Plan. (iii) Full-Value Awards. Shares issued pursuant to Awards of Restricted Stock, Restricted Stock Units, Performance Shares, Performance Stock Units or stock-settled Performance Awards that are reacquired by the Company due to failure to vest or are forfeited to the Company will become available for future issuance under the Plan. (iv) Withheld Shares. Shares used to pay the Exercise Price of an Award or to satisfy tax withholding obligations related to an Award will become available for future issuance under the Plan. (v) Cash-Settled Awards. If any portion of an Award under the Plan is paid to a Participant in cash rather than Shares, that cash payment will not reduce the number of Shares available for issuance under the Plan. (d) Incentive Stock Options. The maximum number of Shares that may be issued upon the exercise of Incentive Stock Options will equal 200% of the aggregate Share number stated in Section 2(a) Sections 2(a)(i) and 2(a)(iii) plus, to the extent allowable under Code Section 422, any Shares that become available for issuance under the Plan under Sections 2(b) and 2(c). (e) Adjustment. The numbers provided in Sections 2(a), 2(b), and 2(d) will be adjusted as a result of changes in capitalization referred to in Section 13. (f) Substitute Awards. If the Committee grants Awards in substitution for equity compensation awards outstanding under a plan maintained by an entity acquired by or consolidated with the Company, the grant of those substitute Awards will not decrease the number of Shares available for issuance under the Plan. View More
