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Phantom Stock Agreement
"I need a Phantom Stock Agreement for our Irish private technology company, granting 1,000 phantom stock units to our new CTO with a 4-year vesting schedule starting March 1, 2025, and including standard termination provisions."
1. Parties: Identification of the company and the participant receiving the phantom stock rights
2. Background: Context of the agreement and purpose of the phantom stock plan
3. Definitions: Detailed definitions of key terms including 'Phantom Stock Unit', 'Fair Market Value', 'Vesting Date', 'Trigger Event', etc.
4. Grant of Phantom Stock Units: Details of the number of units granted and basic terms of the grant
5. Vesting Provisions: Schedule and conditions for vesting of the phantom stock units
6. Valuation Methodology: Detailed process for determining the value of phantom stock units
7. Payment Terms: Timing and method of payment for vested phantom stock units
8. Termination Provisions: Treatment of phantom stock units upon various types of employment termination
9. Tax Obligations: Tax treatment and responsibilities of both parties
10. Confidentiality: Provisions regarding the confidential nature of the agreement and plan details
11. Amendment and Administration: Company's rights to modify the plan and administrative procedures
12. Governing Law: Specification of Irish law as governing law and jurisdiction
1. Change of Control Provisions: Special provisions for company sale or merger scenarios - include when there's a likelihood of corporate transactions
2. Non-Competition and Non-Solicitation: Restrictive covenants - include for senior employees or when required by company policy
3. Clawback Provisions: Rights to recoup payments in certain circumstances - include for regulatory compliance or risk management
4. Multiple Participant Provisions: Special terms for plans covering multiple employees - include when agreement serves as template for multiple grants
5. International Tax Provisions: Special tax considerations for international participants - include for non-Irish residents
6. Performance Conditions: Additional vesting conditions tied to performance metrics - include when part of compensation strategy
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 timetable of vesting dates and percentages
3. Schedule 3: Valuation Formula: Detailed methodology and examples for calculating phantom stock value
4. Schedule 4: Participation Agreement: Form of agreement for participant acceptance
5. Schedule 5: Exercise Notice: Form for requesting payment of vested units
6. Appendix A: Tax Treatment Summary: Overview of tax implications under Irish law
7. Appendix B: Administrative Procedures: Detailed procedures for plan administration and communications
Authors
Technology
Financial Services
Professional Services
Manufacturing
Healthcare
Retail
Telecommunications
Real Estate
Energy
Construction
Media and Entertainment
Biotechnology
Software Development
Consulting
Human Resources
Legal
Finance
Executive Leadership
Corporate Development
Operations
Sales
Research and Development
Product Development
Strategy
Business Development
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Executive Director
Managing Director
Senior Vice President
Department Head
General Manager
Regional Director
Senior Manager
Key Account Manager
Technical Director
Principal Engineer
Senior Consultant
Head of Sales
Head of Development
Division Manager
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