Common use of Relationship to Plan Clause in Contracts

Relationship to Plan. This Option is granted pursuant to the Plan and is in all respects subject to the terms, conditions and definitions of the Plan (including, but not limited to, provisions concerning exercise, restrictions on Options, termination, repurchase right, nontransferability and adjustment of the number of Shares). The Participant hereby accepts this Option subject to all the terms and provisions of the Plan. The Participant further agrees that all decisions under and interpretations of the Plan by the Administrator shall be final, binding and conclusive upon the Participant and his or her heirs. All capitalized terms used herein and not otherwise defined herein shall have the same meanings ascribed to them in the Plan. If there is any inconsistency between the terms of this Stock Option Award Agreement (the “Agreement”) and the terms of the Plan, the Plan’s terms shall completely supersede and replace the conflicting terms of this Agreement. The Participant hereby acknowledges receipt of a copy of the Plan attached hereto as Annex A as presently in effect, but as may be amended from time to time. This Agreement and the Plan constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede any prior written or oral agreements.

Appears in 17 contracts

Samples: Stock Option Award Agreement (Horizon Lines, Inc.), Stock Option Award Agreement (Horizon Lines, Inc.), Stock Option Award Agreement (Horizon Lines, Inc.)

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Relationship to Plan. This Option is granted pursuant to the Plan and is in all respects subject to the terms, conditions and definitions of the Plan (including, but not limited to, provisions concerning exercise, restrictions on Options, termination, repurchase right, nontransferability and adjustment of the number of Shares). The Participant hereby accepts this Option subject to all the terms and provisions of the Plan. The Participant further agrees that all decisions under and interpretations of the Plan by the Administrator shall be final, binding and conclusive upon the Participant and his or her heirs. All capitalized terms used herein and not otherwise defined herein shall have the same meanings ascribed to them in the Plan. If there is any inconsistency between the terms of this Stock Option Award Agreement (the “Agreement”) and the terms of the Plan, the Plan’s terms shall completely supersede and replace the conflicting terms of this Agreement. The Participant hereby acknowledges receipt of (i) a copy of the Plan attached hereto as Annex A A, as presently in effect, but as may be amended from time to timetime and (ii) a copy of the Company’s Annual Report on Form 10-K for the fiscal year of the Company ended December 25, 2005. This Agreement and the Plan constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede any prior written or oral agreements.

Appears in 1 contract

Samples: Stock Option Award Agreement (Horizon Lines, Inc.)

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