One could also make the argument the way it is worded is "c. One or more bonuses of the following numbers of restricted shares of Company common stock subject to the Company reaching the following benchmarks" note how it says the company not Joseph. Bench marks 1&2 were completed according to him but not bench marks 3&4 to reach the 5th bench mark. The company never completed those benchmarks. So one could argue that he could not move into CEO status until 3months after benchmarks 1-4 were completed.... Just a thought