Amendment of Award. The Plan Administrator may amend, modify or terminate this Agreement at any time prior to payment or exercise in any manner not inconsistent with the terms of this Plan; provided, however, that Participant’s rights under this Award shall not be impaired by such amendment unless (i) Participant consents in writing or (ii) the Plan Administrator determines that the amendment is required to ensure that the Award is exempt from or compliant with Code Section 409A.
Appears in 6 contracts
Samples: Non Qualified Stock Option Award Agreement (Southland Holdings, Inc.), Incentive Stock Option Award Agreement (Southland Holdings, Inc.), Non Qualified Stock Option Exercise Agreement (Bio-Path Holdings Inc)
Amendment of Award. The Plan Administrator may amend, modify or terminate this Agreement at any time prior to payment or exercise vesting in any manner not inconsistent with the terms of this Plan; provided, however, that Participant’s rights under this Award shall not be impaired by such amendment unless (i) Participant consents in writing or (ii) the Plan Administrator determines that the amendment is required to ensure that the Award is exempt from or compliant with Code Section 409A.writing.
Appears in 3 contracts
Samples: Restricted Share Award Agreement (Southland Holdings, Inc.), Restricted Share Award Agreement (Bio-Path Holdings Inc), Restricted Share Award Agreement (Bio-Path Holdings Inc)
