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Phantom Equity Agreement
"I need a Phantom Equity Agreement under Austrian law for our Vienna-based technology startup, to grant our newly hired CTO phantom shares equivalent to 5% of company value, with a 4-year vesting period starting March 2025 and acceleration provisions for an IPO event."
1. Parties: Identification of the contracting parties - the company and the phantom equity recipient
2. Background: Context of the agreement and purpose of granting phantom equity rights
3. Definitions: Key terms used throughout the agreement, including 'Phantom Shares', 'Exercise Price', 'Valuation', etc.
4. Grant of Phantom Equity Rights: Details of the phantom equity grant, including number of units and grant date
5. Vesting Provisions: Vesting schedule and conditions for the phantom equity rights
6. Valuation Methodology: Method for calculating the value of phantom shares and payment amounts
7. Exercise Rights: Conditions and procedures for exercising phantom equity rights
8. Payment Terms: Terms and conditions for payments upon exercise of phantom equity rights
9. Taxation: Tax treatment and responsibilities regarding phantom equity payments
10. Confidentiality: Obligations regarding confidential information
11. Term and Termination: Duration of the agreement and termination provisions
12. Governing Law and Jurisdiction: Specification of Austrian law application and jurisdiction
1. Employment Relationship: Required when the recipient is an employee, addressing the relationship between employment and phantom equity rights
2. Change of Control Provisions: Include when specific provisions for company sale or merger scenarios are needed
3. Non-Competition and Non-Solicitation: Add when additional restrictive covenants are desired
4. Multiple Participant Provisions: Include when the phantom equity program involves multiple recipients
5. Corporate Events Adjustments: Add when specific provisions for handling corporate restructuring, IPO, or other major events are needed
6. Clawback Provisions: Include when the company wants right to recoup payments under certain circumstances
7. International Tax Provisions: Required when recipient is subject to tax in multiple jurisdictions
1. Schedule 1 - Grant Notice: Detailed information about the specific phantom equity grant
2. Schedule 2 - Vesting Schedule: Detailed breakdown of the vesting timeline and conditions
3. Schedule 3 - Valuation Formula: Detailed methodology for calculating phantom equity value
4. Schedule 4 - Exercise Notice Template: Template form for exercising phantom equity rights
5. Schedule 5 - Participation Agreement: Standard form for additional participants joining the program
6. Appendix A - Company Valuation Principles: Detailed principles and methods for company valuation
7. Appendix B - Tax Treatment Summary: Summary of applicable tax regulations and treatment
Authors
Technology
Financial Services
Professional Services
Manufacturing
Healthcare
Biotechnology
Software Development
Consulting
E-commerce
Real Estate
Energy
Telecommunications
Legal
Human Resources
Finance
Executive Leadership
Corporate Development
Compensation & Benefits
Operations
Research & Development
Sales
Product Development
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Senior Vice President
Managing Director
Department Head
Senior Manager
Key Developer
Principal Consultant
Senior Advisor
Executive Director
Country Manager
Senior Scientist
Lead Engineer
Head of Sales
Director of Operations
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