1934 Act. Notwithstanding anything contained in the Plan or this Agreement to the contrary, if the consummation of any transaction under the Plan or this Agreement would result in the possible imposition of liability to the Participant pursuant to Section 16(b) of the 1934 Act, the Committee shall have the right, in its sole discretion, but shall not be obligated, to defer such transaction to the extent necessary to avoid such liability, but in no event for a period in excess of 180 days.
Appears in 3 contracts
Samples: Management Equity Agreement (Kinetic Concepts Inc /Tx/), Stock Option Agreement (Acg Holdings Inc), Management Equity Agreement (Kinetic Concepts Inc /Tx/)
1934 Act. Notwithstanding anything contained in the Plan or this Agreement to the contrary, if the consummation of any transaction under the Plan or this Agreement would result in the possible imposition of liability to the Participant pursuant to Section 16(b) of the 1934 Act, the Board of Directors or the Committee shall have the right, in its sole discretion, but shall not be obligated, to defer such transaction to the extent necessary to avoid such liability, but in no event for a period in excess of 180 days.
Appears in 3 contracts
Samples: Stock Option Agreement (Lincoln Educational Services Corp), Stock Option Agreement (Dictaphone Corp /De), Stock Option Agreement (Dictaphone Corp /De)
1934 Act. Notwithstanding anything contained in the Common Plan or this Agreement to the contrary, if the consummation of any transaction under the Common Plan or this Agreement would result in the possible imposition of liability to the Participant pursuant to Section 16(b) of the 1934 Act, the Committee shall have the right, in its sole discretion, but shall not be obligated, to defer such transaction to the extent necessary to avoid such liability, but in no event for a period in excess of 180 days.
Appears in 1 contract
Samples: Common Stock Options Agreement (American Color Graphics Inc)
