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Phantom Stock Option Agreement
"I need a Phantom Stock Option Agreement for our Irish tech startup, covering 50 phantom stock units with a 4-year vesting schedule starting March 1, 2025, including specific provisions for an IPO event and international employees."
1. Parties: Identification of the company and the option recipient
2. Background: Context of the agreement and purpose of the phantom stock option grant
3. Definitions: Key terms including Phantom Stock Units, Fair Market Value, Vesting Date, Exercise Date, etc.
4. Grant of Phantom Stock Options: Details of the phantom stock options being granted, including number of units and grant date
5. Vesting Schedule: Timeline and conditions for vesting of the phantom stock options
6. Exercise of Options: Procedures and conditions for exercising vested phantom stock options
7. Valuation Methodology: Method for determining the value of phantom stock units at time of exercise
8. Payment Terms: Terms and timing of payments upon exercise of phantom stock options
9. Tax Obligations: Responsibilities for tax payments and withholding requirements
10. Termination Provisions: Impact of employment termination on phantom stock options
11. Confidentiality: Obligations regarding confidentiality of agreement terms and company information
12. Amendment and Administration: Procedures for modifying the agreement and program administration
13. Governing Law: Specification of Irish law as governing law and jurisdiction
1. Change in Control Provisions: Special terms applying in case of company merger, acquisition, or other change in control events
2. Clawback Provisions: Terms allowing company to recoup payments in cases of misconduct or financial restatement
3. Non-Competition and Non-Solicitation: Restrictions on competitive activities and employee solicitation
4. Dispute Resolution: Alternative dispute resolution procedures such as mediation or arbitration
5. International Tax Provisions: Additional tax provisions for cross-border employees or international tax implications
6. Data Protection Clause: Specific GDPR compliance provisions for handling personal data
7. Currency Conversion: Provisions for payment in different currencies if company operates internationally
1. Schedule 1 - Grant Notice: Formal notice of phantom stock option grant including number of units and grant date
2. Schedule 2 - Vesting Schedule: Detailed timeline of vesting dates and conditions
3. Schedule 3 - Valuation Rules: Detailed methodology for calculating phantom stock unit value
4. Schedule 4 - Exercise Notice Template: Standard form for exercising vested phantom stock options
5. Schedule 5 - Tax Treatment Summary: Overview of tax implications and treatment under Irish law
6. Appendix A - Definitions: Extended definitions of technical terms used in the agreement
7. Appendix B - Administrative Procedures: Detailed procedures for administering the phantom stock option program
Authors
Technology
Financial Services
Professional Services
Manufacturing
Healthcare
Retail
Telecommunications
Consulting
Software Development
Biotechnology
Real Estate
Energy
Media and Entertainment
Human Resources
Legal
Finance
Executive Leadership
Compensation and Benefits
Corporate Governance
Tax
Payroll
Compliance
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Senior Vice President
Vice President
Director
Senior Manager
Department Head
Key Account Manager
Technical Lead
Principal Engineer
Senior Software Engineer
Product Manager
Sales Executive
Research Scientist
Legal Counsel
Financial Controller
Operations Manager
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