Common use of Amendments and Conflicting Agreements Clause in Contracts

Amendments and Conflicting Agreements. (a) This Agreement may be amended by a written instrument executed by the parties which specifically states that it is amending this Agreement or by a written instrument executed by the Company which so states if such amendment is not adverse to the Participant or relates to administrative matters. (b) To the extent the provisions of this Agreement relating to vesting, exercisability or termination of the Options are inconsistent with the terms of the Employment Agreement, the terms of this Agreement shall control and the Employment Agreement is hereby deemed amended to the extent of such inconsistency to conform to the terms of this Agreement.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Nyfix Inc), Non Qualified Stock Option Agreement (Nyfix Inc)

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Amendments and Conflicting Agreements. (a) This Agreement may be amended by a written instrument executed by the parties which specifically states that it is amending this Agreement or by a written instrument executed by the Company which so states if such amendment is not adverse to the Participant or relates to administrative matters.written (b) To the extent the provisions of this Agreement relating to vesting, exercisability execisability or termination of the Options are inconsistent with the terms of the Employment Agreement, the terms of this Agreement shall control and the Employment Agreement is hereby deemed amended to the extent of such inconsistency to conform to the terms of this Agreement.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Nyfix Inc)

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Amendments and Conflicting Agreements. (a) This Agreement may be amended by a written instrument executed by the parties which specifically states that it is amending this Agreement or by a written instrument executed by the Company which so states if such amendment is not adverse to the Participant or relates to administrative matters. (b) To the extent the provisions of this Agreement relating to vesting, exercisability acceleration or termination forfeiture of the Options RSUs are inconsistent with the terms of the Employment Agreement, the terms of this Agreement shall control and the Employment Agreement is hereby deemed amended to the extent of such inconsistency to conform to the terms of this Agreement.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Nyfix Inc)

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