Phantom Stock Agreement Template

7. Amendment. Unless otherwise stated below, this Agreement may not be amended in any way by an oral statement, insurance or agreement from an employee, officer or representative of the company, or by a written agreement that seriously infringes your rights under that agreement, unless she and a company official expressly authorized by the Company to execute this document are signed. However, this agreement can be amended, as permitted by the provisions of the plan, as is the case at the time of this agreement. Notwithstanding the contrary provisions of the plan or this agreement, where the Committee considers that the terms of this grant are not fully or partially in accordance with the requirements of Section 409A of the Code, the Committee may, at its sole discretion, unilaterally amend this agreement as it deems it appropriate to comply with this section and all regulations or guidelines adopted therein. WMS Industries Inc., a Delaware company (the “company”), herely grants shares of “Full_Name” (the “Grantee,” also known as “you”), shares of its Phantom Stocks (the Phantom Stock), pursuant to the terms of the Phantom Stock Agreement and the 2009 Restatement of the WMS Industries Inc. Modified and revised (the “plan”). As is used in this Phantom Stock Agreement, your primary employer (“employer”), the company and its subsidiaries and associated companies are collectively referred to as the “employer group.” 3. Payment/certificates. With respect to the compliance of phantom shares, subject to paragraph 6, the company must: (a) issue a certificate or certificate of common shares on your behalf without a caption (except for a legend required by applicable securities laws or any other agreement in which you participate); (b) to charge you an amount equal to the fair value of the shares that would otherwise be issued to you; or (c) pay and issue a combination of cash and shares that, combined with the fair value of shares that would otherwise be issued to you; in any event, in the event of derito cancellation of ghost actions that have hay; However, if this payment or issuance of shares cannot take place before the first day, this payment is not subject to the additional tax levied in section 409A of the code. 5.

Full agreement; The current legislation. The plan is included as a reference. The plan and this agreement constitute the whole agreement between the parties regarding the purpose of this Agreement and fully resolve all of the company`s past obligations and agreements relating to the purpose of this Agreement and must not be significantly altered in your interest, unless it is done by writing signed by you and the Company. This agreement is governed by domestic material laws, but not by Delaware state law. This Phantom Stock Agreement (“Agreement”) is entered into and between Hercules Offshore, Inc., a Delaware company (the “company”) and NAME (the “participant”) from (the date of award), in accordance with Hercules Offshore`s 2004 Long-Term Incentive plan modified and reputed. All the terms activated in this Agreement have the meanings attributed to them in the Plan, except in this Agreement or in the Glossary of that Agreement.