EXHIBIT 10.26
AFFYMETRIX, INC. RESTRICTED STOCK
AGREEMENT
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Name
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Grant Number:
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Address1
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ID:
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City, State, Zip Code
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Plan:
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Amended & Restated 2000 Equity
Incentive Plan
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This Restricted Stock Agreement (the
“ Agreement ”), is made and entered into between
AFFYMETRIX, INC., a Delaware corporation (the
“Company”) and
(“
Recipient ”) residing at the above address.
THE PARTIES AGREE AS
FOLLOWS:
1.
Grant of Restricted Stock . In consideration for
Recipient’s services rendered to the Company, the Company
hereby grants to the Recipient restricted shares of common stock of
the Company as specified below (the “ Restricted
Shares ”), subject to (i) the Terms and Conditions
of Grant attached as Exhibit A, and (ii) the
Affymetrix, Inc. Amended & Restated 2000 Equity
Incentive Plan (as amended from time to time, the “
Plan ”) incorporated herein by reference.
2.
Definitions . As used in this Agreement, including the
Terms and Conditions of Grant, the following terms shall have the
meanings set forth in this Section 2.
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Grant Date:
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Number of Shares:
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Vesting Commencement
Date:
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Vesting Schedule:
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AFFYMETRIX, INC.
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RECIPIENT:
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By:
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Date:
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Exhibit A
AFFYMETRIX, INC.
TERMS AND CONDITIONS OF
GRANT
1.
Tax Treatment . Any withholding tax liabilities
incurred in connection with the Restricted Shares becoming vested
and non-forfeitable or otherwise incurred in connection with the
Restricted Shares and any other amounts or rights hereunder shall
be satisfied by (x) Recipient paying to the Company in cash or by
check an amount equal to the minimum amount of taxes that the
Company concludes it is required to withhold under applicable law
within one business day of the day the tax event arises or (y)
unless not permitted by the Committee or the Board, the Company
withholding a portion of the Restricted Shares that have vested and
become non-forfeitable having a fair market value approximately
equal to the minimum amount of taxes that the Company concludes it
is required to withhold under applicable law. Notwithstanding
the foregoing, Recipient acknowledges and agrees that he or she is
responsible for all taxes that arise in connection with the
Restricted Shares becoming vested and non-forfeitable or otherwise
incurred in connection with the Restricted Shares. The
Company shall not be obligated to release any shares to Recipient
unless and until satisfactory arrangements to pay such withholding
taxes have been made and shall be entitled to withhold from any
amounts or shares due to you hereunder or otherwise in an amount
sufficient to pay its withholding obligations.
2.
Vesting . The Restricted Shares shall become vested
and non-forfeitable in installments, as shown in the Restricted
Stock Grant Agreement. No additional shares become vested
after Recipient’s service in any one of the p
