AMICUS THERAPEUTICS,INC. (NASDAQ:FOLD) Files An 8-K Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain OfficersItem 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
On December 30, 2016, the Compensation Committee (the “Committee”) of the Board of Directors of Amicus Therapeutics, Inc. (the “Company”) approved a form of Performance-Based Restricted Stock Unit Award Agreement (the “Performance-Based RSU Agreement”), to be used for performance-based restricted stock units (“RSUs”) granted to participants under the Amended and Restated Amicus Therapeutics, Inc. 2007 Equity Incentive Plan (the “Plan”), including named executive officers. Awards under the form of Performance-Based RSU Agreement will vest based on the Company meeting specified performance criteria. Vesting of the RSUs is generally subject to the participant’s continuous service with the Company through a specified date. If the participant dies, becomes disabled, or the participant’s service with the Company terminates or is terminated for “good reason” or by the Company without cause, the RSUs will be appropriately prorated based on the number of days the participant was employed by the Company during the Measurement Period (as defined in the Plan) and will become earned and vested based on the attainment of the specified performance criteria for the full Measurement Period. The RSUs may be subject to accelerated vesting if there occurs a change in control of the Company during the Measurement Period under certain circumstances. Otherwise, upon the participant’s cessation of employment for any other reason during the Measurement Period, any unvested RSUs will immediately and automatically be forfeited. Upon the vesting of an RSU, the Company would deliver to such participant a share of the Company’s Common Stock.
The foregoing summary of the Performance-Based RSU Agreement is qualified in its entirety by reference to the form of Performance-Based RSU Agreement, which is included as Exhibit 10.1 to this current report on Form 8-K.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits: The Exhibit Index annexed hereto is incorporated herein by reference.