Florida Employee Stock Option Plan of Manugistics Group, Inc.

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Multi-State
Control #:
US-CC-18-155E
Format:
Word; 
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Description

18-155E 18-155E . . . Employee Stock Option Plan which (a) includes "pro rata" vesting (which occurs 25% per year for each of four years), (b) allows any employee who is terminated to exercise his or her options, to extent then exercisable, within 30 days following notice of such termination, and (c) provides for automatic grants to employees on date of employment or upon attainment of certain levels of responsibility in addition to discretionary grants as determined by committee, and requires optionees to agree to be bound by confidentiality agreement as condition of their acceptance of an option
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FAQ

Identification. An ESOP qualifies as a retirement plan, such as a 401 (k) or individual retirement account, while corporations use stock options as an employee benefit, like health insurance. In an ESOP, the company contributes to employee retirement plans with its own stock.

After the employee terminates, the company can make the distribution in shares, cash, or some of both. Cash is paid to the employee directly. Often, company shares are immediately repurchased by the ESOP, and the employee receives cash equivalent to fair market value as determined by the most recent annual valuation.

What Is an Example of an ESOP? Consider an employee who has worked at a large tech firm for five years. Under the company's ESOP, they have the right to receive 20 shares after the first year, and 100 shares total after five years. When the employee retires, they will receive the share value in cash.

ESOPs allow companies to provide their employees with stock ownership, often at no up-front cost to the employees. Employee Stock Ownership Plan shares, however, are part of employees' remuneration for work performed.

ESOPs are designed so that employees' motivations and interests are aligned with those of the company's shareholders. From a management perspective, ESOPs have certain tax advantages, along with incentivizing employees to focus on company performance.

ESOPs are expensive to set up, and expensive to maintain as an appraisal is required annually to stay in compliance. If the cash flow dedicated to the ESOP will greatly limit the cash available to reinvest in the business over the long-term, an ESOP is unlikely to be a good fit.

ESOs are a form of equity compensation granted by companies to their employees and executives. Like a regular call option, an ESO gives the holder the right to purchase the underlying asset?the company's stock?at a specified price for a finite period of time.

So start off right: Plan ahead. Your first step is planning. ... Manage your equity. ... Set some guidelines for stock options. ... Get a 409A valuation. ... Use the 409A to set the strike price. ... Adopt your vesting and cliff schedule. ... Set an expiration timeline. ... Create an ESO agreement and get your board's approval.

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Florida Employee Stock Option Plan of Manugistics Group, Inc.