EXHIBIT 10.2
ADVANCED ENERGY INDUSTRIES, INC.
2003 STOCK OPTION PLAN
RESTRICTED STOCK UNIT AGREEMENT
Advanced Energy
Industries, Inc., a Delaware corporation (the “
Company ”), hereby grants restricted stock
units (“ RSUs ”) relating to shares of
its common stock, $0.001 par value (the “ Stock
”), to the individual named below as the Grantee. The terms
and conditions of the grant are set forth in this Agreement and in
the Advanced Energy Industries, Inc. 2003 Stock Option Plan, as
amended (the “ Plan ”). Capitalized terms
used but not defined in this Agreement have the meanings given to
them in the Plan.
Grant Date:
______________
Name of Grantee:
__________________________________________
Grantee’s Employee ID
Number: _________
Number of RSUs Granted:
______________
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Vesting
Date
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Vesting Percentage
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Shares
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First
anniversary of Grant Date
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10
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%
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Second
anniversary of Grant Date
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20
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%
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Third
anniversary of Grant Date
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30
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%
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Fourth
anniversary of Grant Date
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40
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%
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By signing this cover sheet, you agree to all of the terms
and conditions described in this Agreement and in the Plan, a copy
of which will be provided on request. You acknowledge that you have
carefully reviewed the Plan and agree that the Plan will control in
the event any provision of this Agreement should appear to be
inconsistent with the terms of the Plan.
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(Signature)
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(Signature)
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Title:
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This is not a stock certificate or a negotiable
instrument.
ADVANCED ENERGY INDUSTRIES, INC.
2003 STOCK OPTION PLAN
RESTRICTED STOCK UNITS AGREEMENT
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Stock Unit
Transferability
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This grant is
an award of restricted stock units in the number set forth on the
cover sheet, subject to the vesting conditions described below
(“ RSUs ”). Your RSUs may not be
transferred, assigned, pledged or hypothecated, whether by
operation of law or otherwise, nor may your RSUs be made subject to
execution, attachment or similar process.
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Vesting
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Your RSUs shall
vest according to the schedule set forth on the cover sheet;
provided , that, you remain in Service on the
relevant vesting dates. If your Service terminates for any reason,
you will forfeit any RSUs in which you have not yet become
vested.
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Delivery of
Stock Pursuant to Units
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A certificate
for the shares of Stock represented by your RSUs shall be delivered
to you upon vesting, unless you properly elect to defer delivery of
such Stock. If your Service terminates for a reason other than for
Cause prior to such date, the Company will deliver to you a
certificate for the vested portion of your RSUs represented by this
Agreement. If your Service terminates for Cause, you shall forfeit
of all of your RSUs.
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Notwithstanding
the preceding paragraph:
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•
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If you are a
“key employee” within the meaning of Section 409A
of the Code and shares would otherwise be delivered to you on
acco
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