Attached files
| file | filename |
|---|---|
| 8-K - RUBIOS RESTAURANTS INC | v171326_8k.htm |
| EX-10.4 - RUBIOS RESTAURANTS INC | v171326_ex10-4.htm |
| EX-10.1 - RUBIOS RESTAURANTS INC | v171326_ex10-1.htm |
| EX-10.5 - RUBIOS RESTAURANTS INC | v171326_ex10-5.htm |
| EX-10.6 - RUBIOS RESTAURANTS INC | v171326_ex10-6.htm |
| EX-10.2 - RUBIOS RESTAURANTS INC | v171326_ex10-2.htm |
| EX-10.3 - RUBIOS RESTAURANTS INC | v171326_ex10-3.htm |
RUBIO’S
RESTAURANTS, INC.
NOTICE
OF GRANT OF PERFORMANCE BASED
RESTRICTED
STOCK UNITS
The
Participant has been granted an award of Restricted Stock Units (the “Award”) pursuant to the Rubio’s
Restaurants, Inc. 2008 Equity Incentive Plan (the “Plan”), each of which represents
the right to receive on the applicable Settlement Date one (1) share of Common
Stock of Rubio’s Restaurants, Inc. (the “Company”), as follows:
|
Participant:
|
___________________________ |
Employee
ID:
|
_____________ |
|
Grant
Date:
|
___________________________ | ||
|
Number
of Restricted
Stock
Units:
|
__________________,
subject to adjustment as provided by the Performance Based Restricted
Stock Units Agreement.
|
||
|
Settlement
Date:
|
For
each Restricted Stock Unit, except as otherwise provided by the
Performance Based Restricted Stock Units Agreement, the date on which such
unit becomes a Vested Unit in accordance with the vesting schedule set
forth below.
|
||
|
Number
of Restricted
Stock
Units and Vesting
of
Restricted Stock Units:
|
The
vesting of the Performance Based Restricted Stock Units will be contingent
upon a Change of Control (as defined in the Performance Based Restricted
Stock Units Agreement) of the Company during fiscal 2010. The
vesting of the Performance Based Restricted Stock Units will be based on
the share price paid to the Company’s stockholders in the Change of
Control transaction. Stockholders must be paid a minimum of
$9.00 per share in the Change of Control transaction for any portion of
the Performance Based RSUs to vest and $16.00 per share in the Change of
Control transaction for the Performance Based Restricted Stock Units to
vest in full. If stockholder receive between $9.00 per share
and $16.00 per share in a Change of Control transaction, the vesting
occurs as
follows:
|
||
[INSERT
RSU CHART BASED ON SHARE PRICES]
In the
event that the share price paid to the stockholders in the Change of Control
transaction is between any of the dollar thresholds in the above chart, the
Participant will receive the pro rata portion of the Performance Based
Restricted Stock Units between the dollar thresholds.
By their
signatures below or by electronic acceptance or authentication in a form
authorized by the Company, the Company and the Participant agree that the Award
is governed by this Notice and by the provisions of the Plan and the Performance
Based Restricted Stock Units Agreement, both of which are made a part of this
document. The Participant acknowledges that copies of the Plan,
Performance Based Restricted Stock Units Agreement and the prospectus for the
Plan are available on the Company’s internal web site and may be viewed and
printed by the Participant for attachment to the Participant’s copy of this
Grant Notice. The Participant represents that the Participant has
read and is familiar with the provisions of the Plan and Performance Based
Restricted Stock Units Agreement, and hereby accepts the Award subject to all of
their terms and conditions.
|
RUBIO’S
RESTAURANTS, INC.
|
PARTICIPANT
|
||||
|
By:
|
|||||
|
Signature
|
|||||
|
Its:
|
|||||
|
Date
|
|||||
|
Address:
|
|||||
|
Address
|
|||||
|
ATTACHMENTS:
|
2008
Equity Incentive Plan, as amended to the Grant Date; Performance Based
Restricted Stock Units Agreement and Plan
Prospectus
|
2