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Phantom Share Agreement
"I need a Phantom Share Agreement under Pakistani law for our tech startup, granting our CTO 1,000 phantom shares with a 4-year vesting schedule starting March 1, 2025, and including special provisions for an upcoming Series B funding round."
1. Parties: Identification of the company and the participant receiving phantom shares
2. Background: Context of the agreement and purpose of the phantom share scheme
3. Definitions: Key terms used throughout the agreement including 'Phantom Shares', 'Vesting Date', 'Valuation Date', etc.
4. Grant of Phantom Shares: Number of phantom shares granted and basic terms of the grant
5. Vesting Conditions: Timeline and conditions for vesting of phantom shares
6. Valuation Mechanism: Method for calculating the value of phantom shares
7. Payment Terms: Timing and method of payments for vested phantom shares
8. Termination Provisions: Effects of employment termination on phantom share rights
9. Restrictions and Limitations: Limitations on transfer, assignment, and other restrictions
10. Tax Provisions: Treatment of tax obligations and responsibilities
11. Confidentiality: Obligations regarding confidential information
12. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction
13. General Provisions: Standard boilerplate clauses including amendments, notices, and entire agreement
1. Change of Control Provisions: Include when company anticipates potential merger or acquisition scenarios
2. Clawback Provisions: Include when company wants right to recoup payments in cases of misconduct
3. Non-Competition and Non-Solicitation: Include when additional restrictive covenants are desired
4. International Compliance: Include when participant may be subject to foreign laws
5. Shareholder Rights: Include to explicitly state lack of actual shareholder rights
6. Dispute Resolution: Include when specific arbitration or mediation procedures are desired
7. Currency Conversion: Include when payments might be made in foreign currency
1. Schedule 1 - Grant Details: Specific details of phantom share grant including number of shares and grant date
2. Schedule 2 - Vesting Schedule: Detailed timetable of vesting dates and conditions
3. Schedule 3 - Valuation Formula: Detailed methodology for calculating phantom share value
4. Schedule 4 - Notice Forms: Template forms for various notices under the agreement
5. Schedule 5 - Tax Treatment: Detailed explanation of tax implications and calculations
6. Appendix A - Acceptance Form: Form for participant to accept the phantom share grant
7. Appendix B - Exercise Notice: Form for participant to exercise vested phantom shares
Authors
Base Price
Board
Cause
Change of Control
Company
Confidential Information
Exercise Date
Exercise Notice
Exercise Period
Fair Market Value
Good Leaver
Grant Date
Group
IPO
Liquidity Event
Participant
Payment Date
Performance Conditions
Phantom Share Plan
Phantom Share
Phantom Share Value
Reference Price
Related Persons
Sale Event
Service Period
Shareholders
Subsidiary
Tax
Termination Date
Trading Day
Valuation Date
Valuation Mechanism
Vest
Vesting Date
Vesting Period
Vesting Schedule
Working Day
Vesting
Valuation
Payment Terms
Performance Conditions
Termination Rights
Change of Control
Confidentiality
Non-Competition
Non-Solicitation
Tax Obligations
Representations and Warranties
Assignment and Transfer
Amendment and Modification
Notices
Governing Law
Dispute Resolution
Force Majeure
Entire Agreement
Severability
Waiver
Costs and Expenses
Data Protection
Compliance with Laws
Employment Status
Shareholder Rights Disclaimer
Clawback
Administration
Term and Termination
Further Assurance
Technology
Financial Services
Professional Services
Manufacturing
Healthcare
Retail
Energy
Telecommunications
Real Estate
Education
Consulting
E-commerce
Software Development
Private Equity
Venture Capital
Human Resources
Legal
Finance
Executive Management
Corporate Secretarial
Compensation & Benefits
Operations
Business Development
Strategy
Corporate Development
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Managing Director
Executive Director
Senior Vice President
Vice President
Department Head
Senior Manager
Key Account Manager
Technical Lead
Principal Engineer
Senior Consultant
Regional Manager
Country Manager
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