Amendment or Termination of Plan. The Committee may amend or terminate this Plan as it shall deem advisable, subject to any requirement of stockholder approval required by applicable law, rule or regulation, including Section 162(m) of the Code. Notwithstanding any provision of this Plan to the contrary, if a Business Entity has executed a definitive acquisition or similar agreement pursuant to which a Fundamental Transaction will occur upon the closing of the transaction(s) contemplated thereby, the Committee, in its sole discretion, may treat the execution of such agreement itself as triggering a Fundamental Transaction.
Appears in 5 contracts
Samples: Grant Agreement (Aerobic Creations, Inc.), Annual Bonus Grant Agreement (Aerobic Creations, Inc.), Grant Agreement (Aerobic Creations, Inc.)
