Common use of Subsequent Acquisitions Clause in Contracts

Subsequent Acquisitions. In the event the Company shall at any time after the date hereof acquire, directly or indirectly, all or any substantial portion of another corporation (whether by merger, purchase of stock or assets or otherwise), the Board of Directors shall have the right unilaterally to amend this Agreement by making such modifications to the figures set forth on SCHEDULE II and SCHEDULE III attached hereto, as it shall in good faith determine to be necessary to take account of such acquisition, it being understood and agreed that such modifications shall not affect the exercisability of Option Shares that became exercisable prior to the implementation of such modifications.

Appears in 2 contracts

Sources: Nontransferable Performance Based Incentive Stock Option Agreement (Berry Plastics Corp), Nontransferable Performance Based Incentive Stock Option Agreement (BPC Holding Corp)