Common use of Plan and Option Agreement Clause in Contracts

Plan and Option Agreement. The Purchaser acknowledges that all of his/her rights are subject to, and the Purchaser agrees to be bound by, all of the terms and conditions of the Plan, the Securityholders Agreement, and the Option Agreement (including the Terms), each of which is incorporated herein by this reference. If a conflict or inconsistency between the terms and conditions of this Exercise Agreement and of the Plan or the Option Agreement shall arise, the terms and conditions of the Plan and/or the Option Agreement shall govern. The Purchaser acknowledges receipt of a copy of all documents referenced herein (including the Terms and a disclosure statement) and acknowledges reading and understanding these documents and having an opportunity to ask any questions that he/she may have had about them. Any controversy or claim arising out of or relating to this Exercise Agreement shall be submitted to arbitration in accordance with Section 11.3 of the Terms, and Delaware law shall apply as provided in Section 11.1 of the Terms.

Appears in 3 contracts

Samples: Plan Nonqualified Stock Option Agreement (Accent Optical Technologies Inc), Option Agreement (Accent Optical Technologies Inc), Option Agreement (Accent Optical Technologies Inc)

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Plan and Option Agreement. The Purchaser acknowledges that all of his/her rights are subject to, and the Purchaser agrees to be bound by, all of the terms and conditions of the Plan, the Securityholders Agreement, Plan and the Option Agreement (including the Terms), each both of which is are incorporated herein by this reference. If a conflict or inconsistency between the terms and conditions of this Exercise Agreement and of the Plan or the Option Agreement shall arise, the terms and conditions of the Plan and/or the Option Agreement shall govern. The Purchaser acknowledges receipt of a copy of all documents referenced herein (including the Terms and a disclosure statement) and acknowledges reading and understanding these documents and having an opportunity to ask any questions that he/she may have had about them. Any controversy or claim arising out of or relating to this Exercise Agreement shall be submitted to arbitration in accordance with Section 11.3 of the Terms, and Delaware law shall apply as provided in Section 11.1 of the Terms.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (BMC, Ltd.)

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