Exhibit 10.4
R ESTRICTED S TOCK A WARD A GREEMENT
U NDER T HE J AVO B EVERAGE C OMPANY , I NC .
2007 S TOCK O PTION AND I NCENTIVE P LAN
Name of Grantee:
No. of Shares:
Grant Date:
Final Acceptance Date:
Purchase Price in excess of par (if any):
Pursuant to the Javo Beverage
Company, Inc. 2007 Stock Option and Incentive Plan (the
“Plan”) as amended through the date hereof, Javo
Beverage Company, Inc. (the “Company”) hereby grants a
Restricted Stock Award (an “Award”) to the Grantee
named above. Upon acceptance of this Award, the Grantee shall
receive the number of shares of Common Stock, par value $0.001 per
share (the “Stock”) of the Company specified above,
subject to the restrictions and conditions set forth herein and in
the Plan. The Company acknowledges the receipt from the Grantee of
consideration with respect to the par value of the Stock in the
form of cash, past or future services rendered to the Company by
the Grantee or such other form of consideration as is acceptable to
the Administrator.
1. Acceptance of Award . The Grantee shall have no rights with respect
to this Award unless he or she shall have accepted this Award prior
to the close of business on the Final Acceptance Date specified
above by (i) signing and delivering to the Company a copy of
this Award Agreement, (ii) delivering to the Company a stock
power endorsed in blank and (iii) delivering the exercise
price stated above, if any. Upon acceptance of this Award by the
Grantee, the shares of Restricted Stock so accepted shall be issued
and held by the Company’s transfer agent in book entry form,
and the Grantee’s name shall be entered as the stockholder of
record on the books of the Company. Thereupon, the Grantee shall
have all the rights of a stockholder with respect to such shares,
including voting and dividend rights, subject, however, to the
restrictions and conditions specified in Paragraph 2
below.
2. Restrictions and Conditions
.
(a) Any book entries for the shares
of Restricted Stock granted herein shall bear an appropriate
legend, as determined by the Administrator in its sole discretion,
to the effect that such shares are subject to restrictions as set
forth herein and in the Plan.
(b) Shares of Restricted Stock
granted herein may not be sold, assigned, transferred, pledged or
otherwise encumbered or disposed of by the Grantee prior to
vesting.
(c) If the Grantee’s
employment (or other service relationship) with the Company and its
Subsidiaries is voluntarily or involuntarily terminated for any
reason (including death) prior to vesting of shares of Restricted
Stock granted herein, all shares of
