Common use of Maximum Number of Shares to be Issued Clause in Contracts

Maximum Number of Shares to be Issued. Subject to the adjustment provisions of Article XI and the provisions of (a) through (c) of this Article V, up to 4,400,000 shares of Common Stock may be issued under the Plan. In addition to such authorization, the following shares of Common Stock may be issued under the Plan: (a) Shares of Common Stock that are forfeited under the Prior Plan, and shares of Common Stock that are not issued under the Prior Plan because of (i) the cancellation, termination or expiration of Grants and Awards, and/or (ii) other similar events under the Prior Plan, shall be available for issuance under this Plan. (b) If a Participant tenders, or has withheld, shares of Common Stock in payment of all or part of the Option Price under an Option granted under the Plan or the Prior Plan, or in satisfaction of withholding tax obligations thereunder, the shares of Common Stock so tendered by the Participant or so withheld shall become available for issuance under the Plan. (c) Shares of Common Stock that are forfeited under the Plan, and shares of Common Stock that are not issued under the Plan because of (i) a payment of cash in lieu of shares of Common Stock, (ii) the cancellation, termination or expiration of Grants and Awards, and/or (iii) other similar events under the Plan, shall be available for issuance under this Plan. Notwithstanding (a) above, any shares of Common Stock that are authorized to be issued under the Prior Plan but that are not issued or covered by Grants or Awards under the Prior Plan, shall not be available for issuance under this Plan. Subject to the adjustment provisions of Article XI, not more than 1,100,000 shares of Common Stock shall be issued under Awards of Common Stock, Restricted Stock and/or Phantom Stock. Subject to the foregoing provisions of this Section 5.01, if a Grant or an Award may be paid only in shares of Common Stock, or in either cash or shares of Common Stock, the shares of Common Stock shall be deemed to be issued hereunder only when and to the extent that payment is actually made in shares of Common Stock. However, the Committee may authorize a cash payment under a Grant or an Award in lieu of shares of Common Stock if there are insufficient shares of Common Stock available for issuance under the Plan.

Maximum Number of Shares to be Issued. Subject to the adjustment provisions of Article XI and the provisions of (a) through (c) of this Article V, up to 4,400,000 2,000,000 shares of Common Stock may be issued under the Plan. In addition to such authorization, the following shares of Common Stock may be issued under the Plan: (a) Shares of Common Stock that are forfeited under the Prior Plan, Plans and shares of Common Stock that are not issued under the Prior Plan Plans because of (i) a payment of cash in lieu of shares of Common Stock, the cancellation, termination or expiration of Grants and Awards, and/or (ii) other similar events under the Prior Plan, Plans shall be available for issuance under this Plan. (b) If a Participant tenders, or has withheld, shares of Common Stock in payment of all or part of the Option Price under an Option granted under the Plan or the Prior Plan, or in satisfaction of withholding tax obligations thereunder, the shares of Common Stock so tendered by the Participant or so withheld shall become available for issuance under the Plan. (c) Shares of Common Stock that are forfeited under the Plan, and If shares of Common Stock that are not issued under the Plan because are subsequently forfeited in accordance with the terms of (i) a payment of cash in lieu of the Grant or Award, the forfeited shares of Common Stock, (ii) the cancellation, termination or expiration of Grants and Awards, and/or (iii) other similar events under the Plan, Stock shall be become available for issuance under this the Plan. Notwithstanding (a) above, any shares of Common Stock that are authorized to be issued under the Prior Plan Plans prior to the expiration of its term, but that are not issued or covered by Grants or Awards under the Prior PlanPlans, shall not be available for issuance under this Plan. Subject to the adjustment provisions of Article XI, not more than 1,100,000 500,000 shares of Common Stock shall be issued under this Plan pursuant to Awards of Common Stock, Restricted Stock and/or Phantom Stock. Subject to the foregoing provisions of this Section 5.01Article V, if a Grant or an Award may be paid only in shares of Common Stock, or in either cash or shares of Common Stock, the shares of Common Stock shall be deemed to be issued hereunder only when and to the extent that payment is actually made in shares of Common Stock. However, the Committee may authorize a cash payment under a Grant or an Award in lieu of shares of Common Stock if there are insufficient shares of Common Stock available for issuance under the Plan.