Examples of Management Stockholder’s Agreement in a sentence
This Management Stockholder’s Agreement (this “Agreement”) is entered into as of the date reflected on the associated Award Notice among First Data Holdings Inc., a Delaware corporation (the “Company”), New Omaha Holdings L.P., a Delaware limited partnership (“Parent”), and the undersigned person (the “Management Stockholder”) (the Company, Parent and the Management Stockholder being hereinafter collectively referred to as the “Parties”).
Notwithstanding the foregoing provisions of this Section 9, you may, at your election, be permitted to elect to use Stock otherwise deliverable to you hereunder, having an equivalent Fair Market Value (as such term is defined in the Management Stockholder’s Agreement) to the payment that would otherwise be made by you to the Company pursuant to the foregoing provisions of this Section 9, to satisfy such obligations.
Except where specifically referenced otherwise in this Agreement, it supersedes and replaces any and all prior or contemporaneous negotiations, undertakings, understandings, or agreements (whether written or oral) of any kind between Executive and the Company with respect to the terms of Executive’s separation from the Company and its Affiliates except for Executive’s Management Stockholder’s Agreement, Sale Participation Agreement, and Energy Future Holdings Corp.
Notwithstanding the foregoing, in the event Executive breaches the covenants set forth in Article 5, the Company’s rights and remedies with respect Executive’s Options, Option Stock, and Stock and payments related thereto, as those terms are defined in the Management Stockholder’s Agreement between Executive and Holdings (the “MSA”), shall be limited to those set forth in Section 22(c) of the MSA.