Amendment or Substitution of Awards Under the Plan. The terms of this Agreement may be amended from time to time by the Committee in its sole and absolute discretion in any manner that it deems appropriate including, but not limited to, acceleration of the date of lapse of restrictions on the Units; provided that, except as otherwise provided in the Plan, no such amendment shall adversely affect in a material manner any right of a Participant under an Award Certificate without his or her written consent.
Amendment or Substitution of Awards Under the Plan. The terms of any outstanding award under the Plan may be amended from time to time by the Committee in its discretion in any manner that it deems appropriate (including, but not limited to, acceleration of the date of exercise of any award and/or payments thereunder or of the date of lapse of restrictions on Shares); provided that, except as otherwise provided in Section 15, no such amendment shall adversely affect in a material manner any right of a participant under the award without his or her written consent, and provided further that the Committee shall not reduce the exercise price of any options or SARs awarded under the Plan without approval of the stockholders of the Company. The Committee may, in its discretion, permit holders of awards under the Plan to surrender outstanding awards in order to exercise or realize rights under other awards, or in exchange for the grant of new awards, or require holders of awards to surrender outstanding awards as a condition precedent to the grant of new awards under the Plan.
Amendment or Substitution of Awards Under the Plan. The terms of the -------------------------------------------------- outstanding ISOs granted hereunder may be amended from time to time by the Committee in its discretion, provided that no such amendment shall adversely affect in a material manner any right of the Optionee without his or her written consent, unless the Committee determines in its discretion that there have occurred or are about to occur significant changes in the Optionee's position, duties or responsibility or significant changes which will have a substantial effect on the performance of the Company, its affiliates, subsidiaries, divisions or departments, the Plan or an award under the Plan. However, the Committee may not reduce the exercise price of an outstanding ISO.
Amendment or Substitution of Awards Under the Plan. The terms of any outstanding award under the Plan may be amended from time to time by the Committee in its discretion in any manner that it deems appropriate, including, but not limited to, acceleration of the date of exercise of any award and/or payments thereunder or of the date of lapse of restrictions on Shares (but only to the extent permitted by Section 409A of the Code); provided that, except as otherwise provided in Section 16, no such amendment shall adversely affect in a material manner any right of a participant under the award without his or her written consent, and provided further that the Committee shall not reduce the exercise price of any options awarded under the Plan or take any other action that would constitute a repricing under Section 6(g) without approval of the stockholders of the Company.
Amendment or Substitution of Awards Under the Plan. The terms of any outstanding award under the Plan may be amended from time to time by the Committee in its discretion in any manner that it deems appropriate, including, but not limited to, acceleration of the date of exercise of any award and/or payments thereunder or of the date of lapse of restrictions on Shares (but only to the extent permitted by regulations issued under Section 409A(a)(3) of the Code); provided that, except as otherwise provided in Section 16, no such amendment shall adversely affect in a material manner any right of a participant under the award without his or her written consent, and provided further that the Committee shall not reduce the exercise price of any options awarded under the Plan without approval of the stockholders of the Company. The Committee may, in its discretion, permit holders of awards under the Plan to surrender outstanding awards in order to exercise or realize rights under other awards, or in exchange for the grant of new awards, or require holders of awards to surrender outstanding awards as a condition precedent to the grant of new awards under the Plan, but only if such surrender, exercise, realization, exchange, or grant (a) would not constitute a distribution of deferred compensation for purposes of Section 409A(a)(3) of the Code or (b) constitutes a distribution of deferred compensation that is permitted under regulations issued pursuant to Section 409A(a)(3) of the Code.
Amendment or Substitution of Awards Under the Plan. The terms of the -------------------------------------------------- outstanding NQOs granted hereunder may be amended from time to time by the Committee in its discretion, provided that no such amendment shall adversely affect in a material manner any right of the Optionee without his or her written consent, unless the Committee determines in its discretion that there have occurred or are about to occur significant changes in the Optionee's position, duties or responsibility or significant changes which will have a substantial effect on the performance of the Company, its affiliates, subsidiaries, divisions or departments, the Plan or an award under the Plan. However, the Committee may not reduce the exercise price of an outstanding NQO. The Committee may amend or modify the grant of the outstanding NQOs, however no modification may be made that would materially adversely affect the NQOs without the approval of the Optionee.
