This legal template is intended for an AIM (Alternative Investment Market) listed company under UK law and focuses on a Performance Based EMI (Enterprise Management Incentive) Option Agreement.

An EMI option agreement typically grants employees or directors the right to purchase shares in the company at a predetermined price in the future. However, this particular template emphasizes performance-based criteria for exercising these options.

The agreement outlines the terms and conditions that govern the issuance and exercise of EMI options, including the performance criteria that must be met to be eligible for exercising the options. These criteria are usually based on predetermined targets or milestones set by the company.

The template covers various aspects, such as the eligibility of employees or directors to receive these performance-based EMI options, the exercise price, the vesting period (after which the options can be exercised), and the consequences in case of termination of employment or directorship.

Furthermore, the template incorporates provisions related to the tax treatment of EMI option schemes, referring to the special tax advantages afforded by the UK government to compliant EMI option plans.

Overall, this legal template serves as a comprehensive document outlining the rights, obligations, and conditions surrounding performance-based EMI options for employees or directors in an AIM listed company, ensuring legal compliance and facilitating employee incentivization and retention.

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