Amendment of this Award Agreement. The Committee may waive any conditions or rights under, amend any terms of, or alter, suspend, discontinue, cancel or terminate this Award Agreement prospectively or retroactively; provided, however, that any such waiver, amendment, alteration, suspension, discontinuance, cancellation or termination that would materially and adversely impair the Grantee's rights under this Award Agreement shall not to that extent be effective without the Grantee's consent (it being understood, notwithstanding the foregoing proviso, that this Award Agreement and (a) the Restricted Shares shall be subject to the provisions of Section 6(d) of the Plan; (b) the Performance Awards shall be subject to the provisions of Sections 4 and 6(g)(v) of the Plan (including, without limitation, in connection with adjustments to the number or identity of peer companies); and (c) all Awards shall be subject to the provisions of Sections 7(a), 7(c) (including, without limitation, in connection with adjustments to the number or kinds of shares, security or other property subject to this Award Agreement), 8 and 9(s) of the Plan).
Appears in 3 contracts
Samples: Award Agreement (Asbury Automotive Group Inc), Award Agreement (Asbury Automotive Group Inc), Award Agreement (Asbury Automotive Group Inc)
Amendment of this Award Agreement. The Committee may waive any conditions or rights under, amend any terms of, or alter, suspend, discontinue, cancel or terminate this Award Agreement prospectively or retroactively; provided, however, that any such waiver, amendment, alteration, suspension, discontinuance, cancellation or termination that would materially and adversely impair the Grantee's rights under this Award Agreement shall not to that extent be effective without the Grantee's consent (it being understood, notwithstanding the foregoing proviso, that this Award Agreement and (a) the Restricted Shares shall be subject to the provisions of Section Sections 6(d) of the Plan; (b) the Performance Awards shall be subject to the provisions of Sections 4 and 6(g)(v) of the Plan (including), without limitation, in connection with adjustments to the number or identity of peer companies); and (c) all Awards shall be subject to the provisions of Sections 7(a), 7(c) (including, without limitation, in connection with adjustments to the number or kinds of shares, security or other property subject to this Award Agreement), 8 and 9(s) of the Plan).
Appears in 1 contract
Samples: Restricted Share Award Agreement (Asbury Automotive Group Inc)