Business OS
Finance & AccountingEquity & Stock Options

Phantom Stock Agreement

This Phantom Stock Agreement grants an employee hypothetical stock units that mirror the value of actual company shares, providing a cash bonus tied to the company's equity performance without granting actual ownership. It is used to incentivize key employees.

Updated 15d ago
phantom stockequity incentiveemployee compensationphantom equitystock appreciation rightslong-term incentive

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Phantom Stock Agreement

Phantom Stock Agreement

{{company_name}}

{{company_address}}

Tel: {{phone}}

Email: {{email}}

Website: {{website}}

PHANTOM STOCK AGREEMENT

This Phantom Stock Agreement (the "Agreement") is made and entered into as of {{effective_date}} (the "Effective Date"), by and between {{company_name}}, a company duly incorporated under the laws of {{jurisdiction}}, with its principal place of business at {{company_address}} (the "Company"), and {{employee_name}}, an individual residing at {{employee_address}} (the "Participant").

1. GRANT OF PHANTOM STOCK UNITS

Subject to the terms and conditions of this Agreement, the Company hereby grants to the Participant {{number_of_units}} phantom stock units (the "Phantom Units"). Each Phantom Unit shall represent a hypothetical share of the Company's ordinary share capital. The Phantom Units shall not constitute actual shares of the Company, nor shall they confer any rights of ownership, including voting rights or dividend rights, upon the Participant.

2. VESTING

The Phantom Units granted hereunder shall vest as follows: {{vesting_schedule_description}}. Notwithstanding the foregoing, all unvested Phantom Units shall immediately vest upon a Change of Control of the Company, subject to the terms of Section 6 herein.

3. VALUATION OF PHANTOM UNITS

The value of each Phantom Unit shall be determined by reference to the fair market value of a single ordinary share of the Company. The fair market value shall be determined by the Company's Board of Directors (the "Board") or a designated independent valuer, in accordance with generally accepted valuation principles, at the relevant valuation dates specified in this Agreement.

4. SETTLEMENT OF PHANTOM UNITS

Upon the vesting of the Phantom Units and the occurrence of a settlement event (e.g., {{settlement_event_description}}), the Company shall pay the Participant a cash amount equal to the aggregate value of the vested Phantom Units, less any applicable withholdings. Payment shall be made within {{payment_days}} days of the settlement event. The settlement value shall be calculated as the number of vested Phantom Units multiplied by the fair market value of a single ordinary share on the settlement date.

5. TERMINATION OF EMPLOYMENT

In the event of the Participant's termination of employment, any unvested Phantom Units shall be immediately forfeited. If the Participant's employment is terminated for cause, all vested and unvested Phantom Units shall be forfeited. The Board shall have the sole discretion to determine whether a termination is for cause.

6. CHANGE OF CONTROL

In the event of a Change of Control of the Company, all unvested Phantom Units shall immediately vest, and the Company shall settle such vested Phantom Units in accordance with Section 4. A "Change of Control" shall be defined as {{definition_of_change_of_control}}.

7. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of {{governing_jurisdiction}}. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of {{governing_jurisdiction}}.

Signatures:

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

COMPANY:

By: _______________________________

Name: {{company_signatory_name}}

Title: {{company_signatory_title}}

Date: {{signature_date}}

PARTICIPANT:

_______________________________

Name: {{employee_name}}

Date: {{signature_date}}

Related templates