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1. Parties: Identification of the company and the recipient of the phantom stock rights
2. Background: Context of the agreement, including reference to any phantom stock plan and employment relationship
3. Definitions: Defined terms including Phantom Stock Units, Fair Market Value, Vesting Date, Payment Event, etc.
4. Grant of Phantom Stock Units: Details of the phantom stock units being granted, including number and grant date
5. Vesting Provisions: Vesting schedule and conditions for the phantom stock units
6. Valuation Methodology: Method for determining the value of phantom stock units
7. Payment Terms: Timing and method of payment for vested phantom stock units
8. Tax Obligations: Treatment of tax withholding and reporting requirements
9. Termination Provisions: Effects of employment termination on phantom stock rights
10. Confidentiality: Provisions regarding confidentiality of agreement terms and company information
11. General Provisions: Standard contract clauses including governing law, amendments, notices, etc.
1. Change of Control: Provisions addressing what happens in case of company sale or merger - include if company anticipates possible M&A activity
2. International Tax Provisions: Additional tax provisions for recipients subject to foreign tax laws - include if recipient is non-NZ resident
3. Non-Competition and Non-Solicitation: Restrictive covenants - include for senior employees or when required by company policy
4. Shareholder Rights: Clarification that phantom stock holders have no actual shareholder rights - include if there's risk of misunderstanding
5. Dispute Resolution: Specific procedures for resolving disputes - include if standard court jurisdiction is not preferred
6. Plan Participation: Reference to and coordination with broader phantom stock plan - include if part of larger plan
1. Schedule 1 - Grant Notice: Specific details of the phantom stock grant including number of units and grant date
2. Schedule 2 - Vesting Schedule: Detailed vesting timeline and any specific vesting conditions
3. Schedule 3 - Valuation Methodology: Detailed explanation of how phantom stock units will be valued
4. Schedule 4 - Payment Procedures: Detailed procedures for claiming and receiving payments
5. Appendix A - Tax Treatment Summary: Summary of tax implications and procedures for both company and recipient
6. Appendix B - Phantom Stock Plan Terms: Summary or extract of relevant phantom stock plan terms (if applicable)
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