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Phantom Unit Award Agreement
"I need a Phantom Unit Award Agreement under Dutch law for a tech startup's senior developer, with a 3-year vesting schedule starting March 2025 and special provisions for a potential IPO within the next 5 years."
1. Parties: Identification of the company granting the phantom units and the employee receiving the award
2. Background: Context of the agreement, reference to any phantom unit plan, and purpose of the award
3. Definitions: Key terms used throughout the agreement, including 'Phantom Unit', 'Fair Market Value', 'Vesting Date', 'Award Date', etc.
4. Grant of Phantom Units: Details of the phantom units being awarded, including number of units and grant date
5. Vesting Schedule: Timing and conditions under which the phantom units will vest
6. Payment Terms: Mechanism and timing for calculating and paying the value of vested phantom units
7. Tax Provisions: Tax obligations, withholding requirements, and responsibilities of both parties
8. Termination Provisions: Impact of employment termination on unvested and vested phantom units
9. Restrictive Covenants: Non-compete, non-solicitation, and confidentiality obligations
10. Administration: Rules regarding plan administration, calculations, and dispute resolution
11. General Provisions: Standard contractual terms including amendments, notices, governing law, and entire agreement
1. Change in Control: Provisions addressing acceleration or treatment of phantom units in case of company sale or merger
2. Clawback Provisions: Terms allowing company to recoup payments in cases of misconduct or financial restatement
3. International Provisions: Additional terms for cross-border awards or non-Dutch recipients
4. Data Privacy Consent: Specific GDPR-related consents and acknowledgments
5. Good/Bad Leaver Provisions: Different treatment of awards based on circumstances of employment termination
6. Performance Conditions: Additional vesting conditions tied to company or individual performance metrics
1. Schedule A - Award Details: Specific details of the phantom unit grant including number of units, grant date, and vesting schedule
2. Schedule B - Vesting Conditions: Detailed description of any time-based or performance-based vesting conditions
3. Schedule C - Valuation Methodology: Formula and procedures for calculating the value of phantom units
4. Schedule D - Notice of Exercise Form: Template form for requesting payment of vested phantom units
5. Schedule E - Tax Summary: Overview of tax implications and treatment in relevant jurisdictions
6. Appendix 1 - Phantom Unit Plan: Copy or summary of the underlying phantom unit plan, if applicable
7. Appendix 2 - Consent Forms: Required regulatory or data privacy consent forms
Authors
Technology
Financial Services
Professional Services
Manufacturing
Healthcare
Retail
Energy
Telecommunications
Real Estate
Private Equity
Venture Capital
Consulting
Human Resources
Legal
Finance
Executive Leadership
Compensation & Benefits
Corporate Development
Tax
Payroll
Board Secretariat
Compliance
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Senior Vice President
Vice President
Director
Senior Manager
Department Head
Key Employee
Executive
Managing Director
Partner
Principal
Senior Consultant
Technical Lead
Senior Engineer
Head of Sales
Regional Manager
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