Application of the Plan. The terms of this Agreement are governed by the terms of the Plan, as it exists on the date of hereof and as the Plan is amended from time to time. In the event of any conflict between the provisions of this Agreement and the provisions of the Plan, the terms of the Plan shall control, except as expressly stated otherwise herein. As used herein, the term “Section” generally refers to provisions within the Plan, and the term “Paragraph” refers to provisions of this Agreement.
Application of the Plan. The terms of this Agreement, the Exhibit A (if any) are governed by the terms of the Plan, as it exists on the date of hereof and as the Plan is amended from time to time. In the event of any conflict between the provisions of this Agreement, the Exhibit A (if any) and the provisions of the Plan, the terms of the Plan shall control, except as expressly stated otherwise herein. As used herein, the term “Section” generally refers to provisions within the Plan, and the term “Paragraph” refers to provisions of this Agreement.
Application of the Plan. The terms of this Agreement are governed by the terms of the Independent Directors Plan and the Plan, as both exist on the Grant Date and as amended from time to time. In the event of any conflict between the provisions of this Agreement and the provisions of the Independent Directors Plan and/or the Plan, the terms of the Independent Directors Plan or the Plan (as applicable) shall control, except as expressly stated otherwise in this Agreement. The term “Section” generally refers to provisions within the Independent Directors Plan or the Plan; provided, however, the term “Paragraph” shall refer to a provision of this Agreement.
Application of the Plan. The terms of this Agreement are governed by the terms of the Plan, as it exists on the date hereof and as the Plan may be amended from time to time. In the event of any conflict between the provisions of this Agreement and the provisions of the Plan, the terms of the Plan shall control, except as expressly stated otherwise herein. As used herein, the term “Section” generally refers to provisions within the Plan, and the term “Paragraph” refers to provisions of this Agreement. By entering into this Agreement and accepting the Award, Participant acknowledges that (i) the grant of the Award is a one-time benefit and does not create any contractual or other right to receive future grants of awards or benefits in lieu of awards; (ii) all determinations with respect to any such future grants, including, but not limited to, the times when awards will be granted, the number of shares subject to each award, the award price, if any, and the time or times when each award will be settled, will be at the sole discretion of the Company; (iii) Participant's participation in the Plan is voluntary; (iv) the value of the Award is an extraordinary item which is outside the scope of Participant's employment contract, if any; (v) the Award is not part of normal or expected compensation for any purpose, including, without limitation, for calculating any benefits, severance, resignation, termination, redundancy or end of service payments, bonuses, long-service awards, pension or retirement benefits or similar payments; and (vi) the future value of the Shares is unknown and cannot be predicted with certainty.
Application of the Plan. The portions of the Performance Award relating to TSR Performance are subject to the terms and conditions of the Plan. It is intended that payments for TSR Performance under this Performance Award to a Participant who is a “covered employee” constitute “qualified performance-based compensation” within the meaning of section 1.162-27(e) of the Income Tax Regulations. The Committee will certify the TSR Performance. To the maximum extent possible, this Performance Award and the Plan shall be interpreted and construed consistent with this paragraph 10.
Application of the Plan. Following any transfer allowed pursuant to Section 4.1 (such transfer a "Permitted Transfer"), (i) the Option shall be subject to the terms and conditions of the Plan and this Agreement and (ii) to the extent not inconsistent with the terms of this Agreement or the Plan, such transferee shall be deemed the "Participant" pursuant to the Plan, provided that, the events of termination of the Option as provided in the Plan and this Agreement shall continue to be applied with respect to the Optionee such that the Option shall be exercisable by transferee only to the extent and for the periods specified in Section 6.9 of the Plan as such periods, terms and events are applied to the Optionee.
Application of the Plan. Except as otherwise set forth herein, the terms of the Plan, as amended and restated herein, apply to all amounts deferred under the Plan, whether before, on or after the Restatement Date.
Application of the Plan. The Performance Grant is subject to the terms and conditions of the Plan. It is intended that any payment under this Performance Grant will constitute “qualified performance-based compensation” within the meaning of Treasury Regulation section 1.162-27(e). The Committee will certify in writing the Net Income Performance in accordance with the requirements of the Plan. To the maximum extent possible, this Performance Grant and the Plan shall be interpreted and construed consistent with this Section 9.
Application of the Plan. The terms of this Agreement are governed by the terms of the LTIP and the Plan, as each exists on the date hereof and as each is amended from time to time. In the event of any conflict between the provisions of this Agreement and the provisions of the LTIP and/or the Plan, the terms of the LTIP and/or the Plan, as applicable shall control, except as expressly stated otherwise herein. In the event of any conflict between the provisions of the LTIP and the Plan as each relates to this Agreement, the terms of the LTIP shall control. As used herein, the term “Section” generally refers to provisions within the LTIP or the Plan, as applicable, and the term “Paragraph” refers to provisions of this Agreement.
Application of the Plan. The terms of this Agreement are governed by the terms of the Plan, as they exist on the date of hereof and as the Plan and/or the Plan is amended from time to time. In the event of any conflict between the provisions of this Agreement and the provisions of the Plan and/or the Plan, the terms of the Plan and/or the Plan shall control.
