Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Participant’s rights under this Agreement without the consent of the Participant unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 24 contracts
Sources: Adjusted Ebitda Margin Performance Share Unit Agreement (Hain Celestial Group Inc), Unlevered Free Cash Flow Performance Share Unit Agreement (Hain Celestial Group Inc), Adjusted Ebitda Margin Performance Share Unit Agreement (Hain Celestial Group Inc)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement and/or the Option at any time; provided, however, that no such termination or amendment may adversely affect the Participant’s rights under this Agreement Option or any unexercised portion thereof without the written consent of the Participant unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Agreement shall be effective unless in writingOptionee.
Appears in 21 contracts
Sources: Nonstatutory Stock Option Agreement (Optionable Inc), Nonstatutory Stock Option Agreement (Optionable Inc), Nonstatutory Stock Option Agreement (Optionable Inc)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Change in Control, no such termination or amendment may adversely affect the Participant’s rights under this Agreement Option or any unexercised portion hereof without the consent of the Participant Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 14 contracts
Sources: Purchase and Sale Agreement (Surge Global Energy, Inc.), Nonstatutory Stock Option Agreement (Interwoven Inc), Nonstatutory Stock Option Agreement (Unify Corp)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Transfer of Control, no such termination or amendment may adversely affect the Participant’s rights under this Agreement Option or any unexercised portion hereof without the consent of the Participant Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 14 contracts
Sources: Nonstatutory Stock Option Agreement (Verity Inc \De\), Securities Agreement (Netscape Communications Corp), Securities Agreement (Broadcom Corp)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Change in Control, no such termination or amendment may adversely affect the Participant’s rights under this Agreement Option or any unexercised portion hereof without the consent of the Participant Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 12 contracts
Sources: Stock Option Agreement (PDL Biopharma, Inc.), Nonstatutory Stock Option Agreement (Finisar Corp), Stock Option Agreement (Nonstatutory) (PDL Biopharma, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement the Option at any time; provided, however, that no such termination or amendment may adversely affect the Participant’s rights under this Agreement Option or any unexercised portion hereof without the consent of the Participant Optionee unless such termination or amendment is necessary to comply with any applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 11 contracts
Sources: Nonstatutory Stock Option Agreement (Kaydon Corp), Nonstatutory Stock Option Agreement (Adobe Systems Inc), Nonstatutory Stock Option Agreement (Adobe Systems Inc)
Termination or Amendment. The Board may terminate or amend the Plan or this Option Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Participant’s rights under this Agreement Option or any unexercised portion hereof without the consent of the Participant Optionee, unless such termination or amendment is necessary required to comply with applicable any change in law or government regulationtax and accounting rules, including, but not limited to, including the provisions of Code Section 409A of the Code. No amendment or addition to this Agreement shall be effective unless in writing.409A.
Appears in 8 contracts
Sources: Nonqualified Stock Option Agreement (Patel Paresh), Nonqualified Stock Option Agreement (HCI Group, Inc.), Nonqualified Stock Option Agreement (HCI Group, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that except as provided in Section 8 in connection with a Change in Control, no such termination or amendment may adversely affect the Participant’s rights under this Agreement without the consent of the Participant unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. 409A. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 7 contracts
Sources: Performance Share Agreement (Lululemon Athletica Inc.), Performance Share Agreement (Lululemon Athletica Inc.), Performance Share Agreement (Lululemon Athletica Inc.)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement the Option at any time; provided, however, that except as provided in Section 8.2 in connection with a Change in Control, no such termination or amendment may adversely affect the Participant’s rights under this Agreement Option or any unexercised portion hereof without the consent of the Participant unless such termination or amendment is necessary to comply with any applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 7 contracts
Sources: Stock Option Agreement (Ironstone Group Inc), Stock Option Agreement (Q2 Holdings, Inc.), Stock Option Agreement (Q2 Holdings, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Participant’s rights under this Agreement without the consent of the Participant unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 5 contracts
Sources: Restricted Stock Agreement (Hain Celestial Group Inc), Restricted Stock Agreement (Hain Celestial Group Inc), Restricted Stock Agreement (Hain Celestial Group Inc)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Participant’s rights under this Agreement without the consent of the Participant Participant, unless such termination or amendment is necessary to comply with any applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 4 contracts
Sources: Restricted Stock Purchase Agreement (SCOLR Pharma, Inc.), Stock Purchase Agreement (Saflink Corp), Restricted Stock Purchase Agreement (Zones Inc)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement the Option at any time; provided, however, that except as provided in Section 8 in connection with a Change in Control, no such termination or amendment may adversely affect have a materially adverse effect on the Participant’s rights under this Agreement Option or any unexercised portion thereof without the consent of the Participant unless such termination or amendment is necessary to comply with any applicable law or government regulation, including, but not limited to, to Section 409A of the Code. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 3 contracts
Sources: Stock Option Agreement (Firefly Aerospace Inc.), Securities Purchase Agreement (Conatus Pharmaceuticals Inc.), Securities Purchase Agreement (Newlink Genetics Corp)
Termination or Amendment. The Subject to applicable law, the Board may terminate or amend the Plan or this Agreement the Option at any time; provided, however, that except as provided in Section 8 in connection with a Change in Control, no such termination or amendment may adversely affect the Participant’s rights under this Agreement Option or any unexercised portion hereof without the consent of the Participant unless such termination or amendment is necessary to comply with any applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Option Agreement shall be effective unless in writing.
Appears in 2 contracts
Sources: Stock Option Agreement (AMCI Acquisition Corp. II), Stock Option Agreement (AMCI Acquisition Corp. II)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that no such termination or amendment may adversely affect have a materially adverse effect on the Participant’s rights under this Agreement without the consent of the Participant Participant, unless such termination or amendment is necessary to comply with any applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Magnachip Semiconductor LLC), Securities Purchase Agreement (Magnachip Semiconductor LLC)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that except as provided in Section 9 in connection with a Change in Control, no such termination or amendment may adversely affect have a materially adverse effect on the Participant’s rights under this Agreement without the consent of the Participant unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. 409A. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 2 contracts
Sources: Deferred Units Agreement (Wayfair Inc.), Deferred Units Agreement (Wayfair LLC)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that except as provided in Section 7 in connection with a Change in Control, no such termination or amendment may adversely affect the Participant’s rights under this Agreement without the consent of the Participant unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. 409A. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 2 contracts
Sources: Restricted Stock Units Agreement (Lululemon Athletica Inc.), Restricted Stock Units Agreement (Lululemon Athletica Inc.)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that except as provided in Section 8 in connection with a Change in Control, no such termination or amendment may adversely affect have a materially adverse effect on the Participant’s rights under this Agreement without the consent of the Participant unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. 409A. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Participant’s rights under this Agreement without the consent of the Participant unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Agreement shall be effective unless in writing.. EAST\185264981.4
Appears in 1 contract
Sources: Restricted Stock Unit Agreement (TherapeuticsMD, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan at any time and the Committee may terminate or amend this Agreement at any time; provided. No termination of, however, that no such termination or amendment may adversely affect the Participant’s rights under or to, this Agreement without shall be effective unless in writing. To the consent of the Participant unless such termination or extent any amendment is necessary to comply with applicable law or government regulation, regulation (including, but not limited to, to the Section 409A Regulations), such an amendment may be made without the consent of the Code. No Participant, otherwise any amendment or addition termination which adversely affects the rights of the Participant must be consented to this Agreement shall be effective unless in writing.
Appears in 1 contract
Sources: Market Stock Units Agreement (Biota Pharmaceuticals, Inc.)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that no such termination or amendment may adversely affect the ParticipantDirector’s rights under this Agreement without the consent of the Participant Director unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 1 contract
Sources: Restricted Stock Agreement (Hain Celestial Group Inc)
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Participant’s your rights under this Agreement without the your consent of the Participant unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that except as provided in Section 7 in connection with a Change in Control, no such termination or amendment may adversely affect have a materially adverse effect on the Participant’s rights under this Agreement without the consent of the Participant unless such termination or amendment is necessary to comply with applicable law or government regulation, including, but not limited to, Section 409A of the Code. 409A. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 1 contract
Termination or Amendment. The Board may terminate or amend the Plan or this Agreement at any time; provided, however, that except as provided in Section 10 in connection with a Change in Control, no such termination or amendment may adversely affect the Participant’s rights under this Agreement without the consent of the Participant unless such termination or amendment is necessary to comply with any applicable law or government regulation, including, but not limited to, Section 409A of the Code. No amendment or addition to this Agreement shall be effective unless in writing.
Appears in 1 contract
Sources: Securities Purchase Agreement (Rubicon Project, Inc.)