Common use of Vesting of the Restricted Stock Units Clause in Contracts

Vesting of the Restricted Stock Units. Except as otherwise provided in the Employment Agreement, dated as of June 30, 2004, between the Company and the Grantee, as amended (the “Employment Agreement”), the Restricted Stock Units shall vest (i.e., become nonforfeitable) in three equal installments (each equal to one-third of the total number of Restricted Stock Units), with the first installment vesting on October 1, 2005, the second installment vesting on October 1, 2006 and the third installment vesting on October 1, 2007, in each case, so long as the Grantee remains continuously employed by the Company as its Chief Executive Officer through each respective vesting date. Restricted Stock Units that have vested and are no longer subject to forfeiture are referred herein to as “Vested Units.” Restricted Stock Units that have not yet vested and thus remain subject to forfeiture are referred herein to as “Unvested Units.”