IN PART UPON ATTAINMENT OF PERFORMANCE GOALS OR OTHER VESTING CRITERIA AS THE
ADMINISTRATOR MAY DETERMINE AND WHICH MAY BE SETTLED FOR CASH, SHARES OR OTHER
SECURITIES OR A COMBINATION OF THE FOREGOING PURSUANT TO SECTION 10.
(MM)
"PERIOD OF RESTRICTION" MEANS THE PERIOD DURING WHICH THE TRANSFER OF
SHARES OF RESTRICTED STOCK ARE SUBJECT TO RESTRICTIONS AND THEREFORE, THE SHARES
ARE SUBJECT TO A SUBSTANTIAL RISK OF FORFEITURE.
SUCH RESTRICTIONS MAY BE BASED
ON THE PASSAGE OF TIME, THE ACHIEVEMENT OF TARGET LEVELS OF PERFORMANCE, OR THE
OCCURRENCE OF OTHER EVENTS AS DETERMINED BY THE ADMINISTRATOR.
(NN)
"PLAN" MEANS THIS 2006 EQUITY INCENTIVE PLAN.
4
(OO)
"PRO FORMA NET INCOME" MEANS AS TO ANY BUSINESS UNIT FOR ANY
PERFORMANCE PERIOD, THE NET INCOME OF SUCH BUSINESS UNIT, MINUS ALLOCATIONS OF
DESIGNATED CORPORATE EXPENSES.
(PP)
"PRODUCT SHIPMENTS" MEANS AS TO ANY PERFORMANCE PERIOD, THE
QUANTITATIVE AND MEASURABLE NUMBER OF UNITS OF A PARTICULAR PRODUCT THAT SHIPPED
DURING SUCH PERFORMANCE PERIOD.
(QQ)
"RESTRICTED STOCK" MEANS SHARES ISSUED PURSUANT TO AN AWARD OF
RESTRICTED STOCK UNDER SECTION 8 OF THE PLAN, OR ISSUED PURSUANT TO THE EARLY
EXERCISE OF AN OPTION.
(RR)
"RESTRICTED STOCK UNIT" MEANS A BOOKKEEPING ENTRY REPRESENTING AN
AMOUNT EQUAL TO THE FAIR MARKET VALUE OF ONE SHARE, GRANTED PURSUANT TO
SECTION 9.
EACH RESTRICTED STOCK UNIT REPRESENTS AN UNFUNDED AND UNSECURED
OBLIGATION OF THE COMPANY.
(SS)
"RETURN ON DESIGNATED ASSETS" MEANS AS TO ANY PERFORMANCE PERIOD, THE
PRO FORMA NET INCOME OF A BUSINESS UNIT, DIVIDED BY THE AVERAGE OF BEGINNING AND
ENDING BUSINESS UNIT DESIGNATED ASSETS, OR NET INCOME OF THE COMPANY, DIVIDED BY
THE AVERAGE OF BEGINNING AND ENDING DESIGNATED CORPORATE ASSETS.
(TT)
"RETURN ON EQUITY" MEANS, AS TO ANY PERFORMANCE PERIOD, THE
PERCENTAGE EQUAL TO THE VALUE OF THE COMPANY'S OR ANY BUSINESS UNIT'S COMMON
STOCK INVESTMENTS AT THE END OF SUCH PERFORMANCE PERIOD, DIVIDED BY THE VALUE OF
SUCH COMMON STOCK INVESTMENTS AT THE START OF SUCH PERFORMANCE PERIOD, EXCLUDING
ANY COMMON STOCK INVESTMENTS SO DESIGNATED BY THE ADMINISTRATOR.
(UU)
"RETURN ON SALES" MEANS AS TO ANY PERFORMANCE PERIOD, THE PERCENTAGE
EQUAL TO THE COMPANY'S NET INCOME OR THE BUSINESS UNIT'S PRO FORMA NET INCOME,
DIVIDED BY THE COMPANY'S OR THE BUSINESS UNIT'S ANNUAL REVENUE.
(VV)
"RULE 16B-3" MEANS RULE 16B-3 OF THE EXCHANGE ACT OR ANY SUCCESSOR TO
RULE 16B-3, AS IN EFFECT WHEN DISCRETION IS BEING EXERCISED WITH RESPECT TO THE
PLAN.
(WW)
"SECTION 16(B)" MEANS SECTION 16(B) OF THE EXCHANGE ACT.
(XX)
"SERVICE PROVIDER" MEANS AN EMPLOYEE, DIRECTOR OR CONSULTANT.
(YY)
"SHARE" MEANS A SHARE OF THE COMMON STOCK, AS ADJUSTED IN ACCORDANCE
WITH SECTION 15 OF THE PLAN.
(ZZ)
"STOCK APPRECIATION RIGHT" MEANS AN AWARD, GRANTED ALONE OR IN
CONNECTION WITH AN OPTION, THAT PURSUANT TO SECTION 7 IS DESIGNATED AS A STOCK
APPRECIATION RIGHT.
(AAA)
"SUBSIDIARY" MEANS A "SUBSIDIARY CORPORATION," WHETHER NOW OR
HEREAFTER EXISTING, AS DEFINED IN SECTION 424(F) OF THE CODE.
(BBB)
"SUCCESSOR CORPORATION" HAS THE MEANING GIVEN TO SUCH TERM IN
SECTION 15(C) OF THE