Common use of AMENDMENTS TO PLAN Clause in Contracts

AMENDMENTS TO PLAN. The Board may at any time amend, alter, suspend or discontinue this Plan. Without the consent of an Optionee, no amendment, alteration, suspension or discontinuance may adversely affect outstanding Options except to conform this Plan and ISOs granted under this Plan to the requirements of federal or other tax laws relating to incentive stock options. No amendment, alteration, suspension or discontinuance shall require stockholder approval unless (a) stockholder approval is required to preserve incentive stock option treatment for federal income tax purposes, (b) stockholder approval is required to preserve option grants as “qualified performance-based compensation” under Section 162(m) of the Code, or (c) the Board otherwise concludes that stockholder approval is advisable.

Appears in 4 contracts

Samples: Incentive Stock Option Agreement (ConforMIS Inc), Nonqualified Stock Option Agreement (ConforMIS Inc), Nonqualified Stock Option Agreement (ConforMIS Inc)

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