19-179 19-179 . . . Employee Stock Purchase Plan under which each employee of corporation and its wholly-owned direct or indirect, domestic and foreign subsidiaries that have authorized participation in Plan (Participating Company) can contribute up to 15% of earnings through payroll deductions and Participating Company contributes a cash amount equal to 5% of participant's payroll deductions for first year of participation, additional 7% for second year, additional 10% for third year, additional 13% for fourth year and additional 15% for fifth year. Custodian of plan purchases shares of common stock on open market or from corporation at current market prices, using payroll deductions and applicable matching Company contributions
Wyoming Amended and Restated Employee Stock Purchase Plan
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US-CC-19-179
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FAQ
If you stop contributing during the offering period, you will need to re-enroll during a future enrollment period to participate in the Plan. Q: Can I withdraw from participating in the ESPP at any time? A: Yes. You may withdraw from the ESPP by notifying Fidelity and completing a withdrawal election.
If you leave or terminate from the company, you will cease to participate in the ESPP and your contributions will be refunded as soon as administratively possible.
Yes. The payroll deductions you have set aside for an ESPP are yours if you have not yet used them to purchase stock. You will need to notify your plan administrator and fill out any paperwork required to make a withdrawal. If you have already purchased stock, you will need to sell your shares.
Action without meeting. (a) Unless the articles of incorporation or bylaws provide otherwise, action required or permitted by this act to be taken at a board of directors' meeting may be taken without a meeting if the action is taken by the requisite number of members of the board.
Section 423 of the Code permits a plan to exclude employees who have been employed for less than two years or who are employed for less than 20 hours per week or five months per year. Also, owners of 5% or more of the common stock of a company by statute are not permitted to participate.