Common use of The Plan Clause in Contracts

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request.

Appears in 15 contracts

Samples: Non Qualified Stock Option Agreement (PlayAGS, Inc.), Nonqualified Stock Option Agreement (AP Gaming Holdco, Inc.), Non Qualified Stock Option Agreement (AP Gaming Holdco, Inc.)

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The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan this Agreement shall control. A copy of the Plan may be obtained from the Company by the Optionee Participant upon request. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan or the Shareholders Agreement, as the case may be.

Appears in 12 contracts

Samples: Restricted Share Award Agreement (Athene Holding LTD), Class a Share Award Agreement (Athene Holding LTD), Restricted Share Award Agreement (Athene Holding LTD)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan.

Appears in 9 contracts

Samples: Option Agreement (NRT Settlement Services of Missouri LLC), Option Agreement (Realogy Corp), Option Agreement (Affinion Loyalty Group, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan this Agreement shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan or the Securityholders Agreement, as the case may be.

Appears in 8 contracts

Samples: Non Qualified Stock Option Agreement (Noranda Aluminum Acquisition CORP), Non Qualified Stock Option Agreement (MPM Silicones, LLC), Non Qualified Stock Option Agreement (Norandal USA, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan this Agreement shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan or the Management Investor Rights Agreement, as the case may be.

Appears in 6 contracts

Samples: Unit Option Agreement (NL Coop Holdings LLC), Unit Option Agreement (Juniper Bond Holdings IV LLC), Director Unit Option Agreement (Juniper Bond Holdings IV LLC)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entiretyentirety (including, without limitation, the provisions of Article V). In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan and in Annex I attached hereto.

Appears in 6 contracts

Samples: Non Qualified Stock Option Agreement (Rackspace Technology, Inc.), Non Qualified Stock Option Agreement (Rackspace Technology, Inc.), Non Qualified Stock Option Agreement (Rackspace Technology, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee Purchaser upon request. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan.

Appears in 5 contracts

Samples: Form of Restricted Stock Agreement (Realogy Corp), Restricted Stock Agreement (Realogy Corp), Restricted Stock Agreement (Affinion Group, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entiretyentirety (including, without limitation, the provisions of Articles V and IX and Schedule I). In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 5 contracts

Samples: Non Qualified Stock Option Agreement (TAMINCO ACQUISITION Corp), Non Qualified Stock Option Agreement (TAMINCO ACQUISITION Corp), Non Qualified Stock Option Agreement (TAMINCO ACQUISITION Corp)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan this Agreement shall control. A copy of the Plan may be obtained from the Company by the Optionee Participant upon request. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan.

Appears in 5 contracts

Samples: Term Incentive Award Agreement (Hexion Inc.), Long Term Incentive Award Agreement (Hexion Inc.), Term Incentive Award Agreement (Momentive Specialty Chemicals Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request.

Appears in 4 contracts

Samples: Non Qualified Stock Option Agreement (WireCo WorldGroup Inc.), Non Qualified Stock Option Agreement (WireCo WorldGroup Inc.), Non Qualified Stock Option Agreement (1295728 Alberta ULC)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan this Agreement shall control. A copy of the Plan may be obtained from the Company by the Optionee Participant upon request. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan or the Management Investor Rights Agreement, as the case may be.

Appears in 4 contracts

Samples: Restricted Deferred Unit Award Agreement (Momentive Specialty Chemicals Inc.), Restricted Deferred Unit Award Agreement (Momentive Performance Materials Inc.), Restricted Deferred Unit Award Agreement (Juniper Bond Holdings IV LLC)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee Grantee upon request. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan.

Appears in 3 contracts

Samples: Restricted Stock Agreement (AP Gaming Holdco, Inc.), Restricted Stock Agreement (PlayAGS, Inc.), Restricted Stock Agreement (AP Gaming Holdco, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entiretyentirety (including, without limitation, the provisions of Article VII). In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee Grantee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 3 contracts

Samples: Based Restricted Stock Unit Award Agreement (Rackspace Technology, Inc.), Restricted Stock Unit Award Agreement (Rackspace Technology, Inc.), Restricted Stock Unit Award Agreement (Rackspace Technology, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan Agreement shall control. A copy of the Plan has been provided to the Optionee. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan or the Stockholders Agreement, as the case may be obtained from the Company by the Optionee upon requestbe.

Appears in 3 contracts

Samples: Form of Non Qualified Stock Option Agreement (ARAMARK Educational Services, LLC), Form of Non Qualified Stock Option Agreement (Aramark Corp/De), Form of Non Qualified Stock Option Agreement (Aramark Corp)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entiretyentirety (including, without limitation, the provisions of Article V). In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee Grantee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 3 contracts

Samples: Restricted Stock Unit Award Agreement (Rackspace Technology, Inc.), Restricted Stock Unit Award Agreement (Rackspace Technology, Inc.), Restricted Stock Unit Award Agreement (Rackspace Technology, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 3 contracts

Samples: Non Qualified Stock Option Award Agreement (Compass Minerals International Inc), Non Qualified Stock Option Award Agreement (Compass Minerals International Inc), Non Qualified Stock Option Award Agreement (Compass Minerals International Inc)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entiretyentirety (including, without limitation, the provisions of Article V). In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Rackspace Technology, Inc.), Non Qualified Stock Option Agreement (Rackspace Technology, Inc.), Non Qualified Stock Option Agreement (Rackspace Technology, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entiretyentirety (including, without limitation, the provisions of Article VII). In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee Grantee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan and in Annex I attached hereto.

Appears in 3 contracts

Samples: Restricted Stock Unit Award Agreement (Rackspace Technology, Inc.), Based Restricted Stock Unit Award Agreement (Rackspace Technology, Inc.), Restricted Stock Unit Award Agreement (Rackspace Technology, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee Grantee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 3 contracts

Samples: Nonqualified Stock Option Agreement (Cheesecake Factory Incorporated), Incentive Stock Option Agreement (Faroudja Inc), Incentive Stock Option Agreement (Sage Inc/Ca)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan this Agreement shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Hexion Specialty Chemicals, Inc.), Non Qualified Stock Option Agreement (Hexion Specialty Chemicals, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entiretyentirety (including, without limitation, the provisions of Articles V and IX). In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan and in Annex I attached hereto.

Appears in 2 contracts

Samples: 2016 Equity Incentive Plan (ADT Inc.), Non Qualified Stock Option Agreement (Sun Country Airlines Holdings, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained without cost from the Company by the Optionee upon request.

Appears in 2 contracts

Samples: Employment and Separation Agreement (Donjoy LLC), Employment and Separation Agreement (Donjoy LLC)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from is attached hereto as Exhibit A. Capitalized terms used herein and not otherwise defined shall have the Company by meanings ascribed thereto in the Optionee upon requestPlan.

Appears in 2 contracts

Samples: Stock Option Agreement (Quality Distribution Inc), Stock Option Agreement (Quality Distribution Inc)

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The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall controlcontrol unless otherwise provided herein. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 2 contracts

Samples: Employment Agreement (Guitar Center Inc), Employment Agreement (Guitar Center Inc)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan, unless otherwise superseded by any other agreement between the Company and Grantee.

Appears in 2 contracts

Samples: Non Qualified Stock Option Award Agreement (Compass Minerals International Inc), Non Qualified Stock Option Award Agreement (Compass Minerals International Inc)

The Plan. The terms and provisions of the Plan are hereby -------- incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 2 contracts

Samples: Service Stock Option Agreement (Pacer International Inc), Supplemental Stock Option Agreement (Pacer International Inc)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon by request. The Optionee acknowledges that all of the Option Shares shall be subject to the provisions of the Certificate of Incorporation in addition to the provisions of this Agreement and the Plan.

Appears in 1 contract

Samples: Incentive Option Agreement (Opus360 Corp)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entiretyentirety (including, without limitation, the provisions of Article 8 and Article 12). In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee Participant upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 1 contract

Samples: Employment Agreement (Rackspace Technology, Inc.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entiretyentirety (including, without limitation, the provisions of Articles V and IX). In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (TAMINCO ACQUISITION Corp)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan this Agreement shall control. A copy of the Plan may be obtained from is attached hereto as EXHIBIT A. Capitalized terms used herein and not otherwise defined shall have the Company by meanings ascribed thereto in the Optionee upon requestPlan.

Appears in 1 contract

Samples: Stock Option Agreement (Lpa Holding Corp)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee Grantee upon request. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan, or any employment agreement between the Company and the Grantee, as the case may be.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Metals Usa Holdings Corp.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon by request.

Appears in 1 contract

Samples: Incentive Option Agreement (Opus360 Corp)

The Plan. The terms and provisions of This Agreement is made pursuant to the Plan are hereby incorporated into this Agreement as if and is subject to all the terms, provisions and conditions set forth herein in their entiretytherein. In the event case of a conflict any inconsistency between any provision the terms of this Agreement and the terms of the Plan, the provisions terms of the Plan shall controlin each case take precedence over the terms of this Agreement. A By the execution of this Agreement, Optionee acknowledges receipt of a copy of the Plan may be obtained from the Company by the Optionee upon requestPlan.

Appears in 1 contract

Samples: Stock Option Agreement (Tidel Technologies Inc)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Plan.

Appears in 1 contract

Samples: Option Agreement (Approach Resources Inc)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan shall control. A copy of the Plan may be obtained from the Company by the Optionee upon request. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan, or any employment agreement between the Company and the Optionee, as the case may be.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Metals Usa Holdings Corp.)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan this Agreement shall control. A copy of the Plan may be obtained from the Company by the an Optionee upon request. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed thereto in the Plan or the Securityholders Agreement, as the case may be.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Noranda Aluminum Acquisition CORP)

The Plan. The terms and provisions of the Plan are hereby incorporated into this Agreement as if set forth herein in their entirety. In the event of a conflict between any provision of this Agreement and the Plan, the provisions of the Plan this Agreement shall control. , further all references to the Shareholders Agreement shall be superceded by the terms set forth herein A copy of the Plan may be obtained from is attached hereto as Exhibit 2. Capitalized terms used herein and not otherwise defined shall have the Company by meanings ascribed thereto in the Optionee upon requestPlan.

Appears in 1 contract

Samples: Stock Option Agreement (Quality Distribution Inc)

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