CompUSA 2009 Annual Report Download - page 50

Download and view the complete annual report

Please find page 50 of the 2009 CompUSA annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 116

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116

2
physical or mental condition that prevents the grantee from performing the essential functions of the grantee’ s
position (with or without reasonable accommodation) for a period of six consecutive months. The existence of a
disability shall be determined by the Committee in its sole discretion.
“Employee” shall mean (i) an employee of the Company or of any Affiliate and (ii) an individual
providing consulting or advisory services to the Company or any Affiliate as an independent contractor.
“Exchange Act” shall mean the Securities Exchange Act of 1934, as amended.
“Fair Market Value” shall mean the fair market value of the property or other item being valued,
as determined by the Committee in its sole discretion.
“Incentive Stock Option” shall mean an Option that is intended to meet the requirements of
Section 422 of the Code or any successor provision thereto.
“Non-Qualified Stock Option” shall mean an Option that is not an Incentive Stock Option.
Option” shall mean a right to purchase Shares from the Company that is granted under Section 6
of the Plan and may be either a Non-Qualified Option or an Incentive Stock Option.
“Other Stock-Based Award” shall mean any right granted under Section 10 of the Plan.
“Participant” shall mean any Employee selected by the Committee to receive an Award under the
Plan.
“Performance Award” shall mean any right granted under Section 9 of the Plan.
“Person” shall mean any individual, corporation, partnership, association, joint-stock company,
trust, unincorporated organization, government or political subdivision thereof or other entity.
“Plan” shall mean this Systemax 2010 Long-Term Incentive Plan.
“Restoration Option” shall mean an Option granted pursuant to Section 6(e) of the Plan.
“Restricted Stock” shall mean any Share granted under Section 8 of the Plan and that is subject to
restrictions on transferability and is subject to forfeiture.
“Restricted Stock Unit” shall mean any unit granted under Section 8 of the Plan.
“Rule 16b-3” shall mean Rule 16b-3 as promulgated and interpreted by the SEC under the
Exchange Act, or any successor rule or regulation thereto as in effect from time to time.
“SEC” shall mean the Securities and Exchange Commission or any successor thereto and shall
include the Staff thereof.
“Shares” shall mean the common stock of the Company, $0.01 par value, or such other securities
of the Company as may be designated by the Committee from time to time.
“Stock Appreciation Right” shall mean any right granted under Section 7 of the Plan.