Assumption of Equity Plans. At the Effective Time, SPI shall assign, and SPI Energy shall assume, the rights and obligations of SPI under each Stock Plan. To the extent any Stock Plan or any applicable agreement relating thereto provides for the issuance, delivery or purchase of, or otherwise relates to, SPI common stock, from and after the Effective Time, such Stock Plan or applicable agreement shall be deemed to have been amended to provide for the issuance, delivery or purchase of, or otherwise relate to, SPI Energy ordinary shares, and all options or awards issued, or benefits available or based upon the value of a specified number of shares of SPI common stock, under such Stock Plan after the Effective Time shall entitle the holder thereof to purchase, receive, acquire, hold or realize the benefits measured by the value of, as appropriate, an equivalent number of SPI Energy ordinary shares in accordance with the terms of such Stock Plan and any applicable agreement relating thereto. The outstanding options or other awards or benefits available under the terms of the Stock Plans at and following the Effective Time shall, to the extent permitted by law and otherwise reasonably practicable, otherwise be exercisable, payable, issuable or available upon the same terms and conditions as under such Stock Plans and the agreements relating thereto immediately prior to the Effective Time. Other than as set forth above, the Merger will not affect the underlying terms or conditions of any outstanding equity awards, which shall remain subject to their original terms and conditions.
Assumption of Equity Plans. At the Effective Time, MPU shall assign, and MPU Cayman shall assume, the rights and obligations of MPU under each Stock Plan (“Assumed Plans”). To the extent any Stock Plan or any applicable agreement relating thereto provides for the issuance, delivery or purchase of, or otherwise relates to, MPU Common Stock, from and after the Effective Time, such Stock Plan or applicable agreement shall be deemed to have been amended to provide for the issuance, delivery or purchase of, or otherwise relate to, MPU Cayman Ordinary Shares, and all options or awards issued, or benefits available or based upon the value of a specified number of shares of MPU Common Stock, under such Stock Plan after the Effective Time shall entitle the holder thereof to purchase, receive, acquire, hold or realize the benefits measured by the value of, as appropriate, an equivalent number of MPU Cayman Ordinary Shares in accordance with the terms of such Stock Plan and any applicable agreement relating thereto. The outstanding options or other awards or benefits available under the terms of the Stock Plans at and following the Effective Time shall, to the extent permitted by law and otherwise reasonably practicable, otherwise be exercisable, payable, issuable or available upon the same terms and conditions as under such Stock Plans and the agreements relating thereto immediately prior to the Effective Time. Other than as set forth above, the Merger will not affect the underlying terms or conditions of any outstanding equity awards, which shall remain subject to their original terms and conditions.
Assumption of Equity Plans. 1. Subject to and as of the Effective Time, by virtue of the Merger, Aaron’s assigns to HoldCo and HoldCo assumes and will perform, from and after the Effective Time, all of the obligations of Aaron’s pursuant to the Amended and Restated Xxxxx Rents, Inc. 2001 Stock Option and Incentive Award Plan, the Aaron’s Inc. Amended and Restated 2015 Equity and Incentive Award Plan and the Aaron’s, Inc. Employee Stock Purchase Plan (collectively, the “Registered Stock Plans”).
Assumption of Equity Plans. At the Effective Time, China Biotech shall assign, and Xxxxx Xxxx shall assume, the rights and obligations of China Biotech under each Stock Plan. To the extent any Stock Plan or any applicable agreement relating thereto provides for the issuance, delivery or purchase of, or otherwise relates to, China Biotech Common Stock, from and after the Effective Time, such Stock Plan or applicable agreement shall be deemed to have been amended to provide for the issuance, delivery or purchase of, or otherwise relate to, Xxxxx Xxxx Ordinary Shares, and all options or awards issued, or benefits available or based upon the value of a specified number of shares of China Biotech Common Stock, under such Stock Plan after the Effective Time shall entitle the holder thereof to purchase, receive, acquire, hold or realize the benefits measured by the value of, as appropriate, an equivalent number of Xxxxx Xxxx Ordinary Shares in accordance with the terms of such Stock Plan and any applicable agreement relating thereto. The outstanding options or other awards or benefits available under the terms of the Stock Plans at and following the Effective Time shall, to the extent permitted by law and otherwise reasonably practicable, otherwise be exercisable, payable, issuable or available upon the same terms and conditions as under such Stock Plans and the agreements relating thereto immediately prior to the Effective Time. Other than as set forth above, the Merger will not affect the underlying terms or conditions of any outstanding equity awards, which shall remain subject to their original terms and conditions.
Assumption of Equity Plans. Immediately following the Effective Time, each Equity Plan (as defined below) and each award agreement thereunder evidencing an Equity Award (as defined below) (each, an “Award Agreement”) will be transferred to New PublicCo, and New PublicCo will assume, each Equity Plan and each Award Agreement. For purposes of this Agreement, “Equity Plans” shall mean, collectively, the Amended and Restated 1997 Equity Participation Plan of Xxxxx-Illinois, Inc., the Amended and Restated 2004 Equity Incentive Plan for Directors of Xxxxx-Illinois, Inc., the Second Amended and Restated Xxxxx-Illinois, Inc. 2005 Incentive Award Plan, and the Xxxxx-Illinois, Inc. Amended and Restated 2017 Incentive Award Plan (together with any subplans, appendices, exhibits or addendums thereto).
Assumption of Equity Plans. Crown Holdings and CCK hereby agree that they will, at the Effective Time, execute, acknowledge and deliver an assumption agreement pursuant to which Crown Holdings will, from and after the Effective Time, assume and agree to perform all duties and obligations required under: the Crown Cork & Seal Company, Inc. 1990 Stock-Based Incentive Compensation Plan; the Crown Cork & Seal Company, Inc. 1994 Stock-Based Incentive Compensation Plan; the Crown Cork & Seal Company, Inc. 1997 Stock-Based Incentive Compensation Plan; the Crown Cork & Seal Company, Inc. 2001 Stock-Based Incentive Compensation Plan; and the Crown Cork & Seal Company, Inc. Stock Purchase Plan.
Assumption of Equity Plans. 1. Subject to and as of the Effective Time, Arris HoldCo assumes and will perform, from and after the Effective Time, all of the obligations of Arris pursuant to the Equity Plans.
Assumption of Equity Plans. 1. Subject to and as of the Effective Time, HoldCo assumes and will perform, from and after the Effective Time, all of the obligations of j2 Global pursuant to the j2 Global Equity Compensation Plans.
Assumption of Equity Plans. Holdings and the Company hereby agree that they will, at or promptly following the Effective Time, execute, acknowledge and deliver an assignment and assumption agreement (the “Assignment and Assumption Agreement”) pursuant to which, from and after the Effective Time, the Company will assign to Holdings, and Holdings will assume and agree to perform, all obligations of the Company pursuant to (i) the Equity Plans and (ii) each stock option agreement, restricted stock agreement, restricted stock unit agreement and/or any other similar agreement entered into pursuant to the Equity Plans, including, without limitation, each outstanding Option, Restricted Stock or RSU award granted thereunder (collectively, the “Award Agreements”). At or promptly following the Effective Time, the Equity Plans and the Award Agreements shall each be amended as necessary to provide that references to the Company in such agreements shall be read to refer to Holdings.
Assumption of Equity Plans. 1. Subject to and as of the Effective Time, Holdings assumes and will perform, from and after the Effective Time, all of the obligations of CompuCredit pursuant to the Registered Stock Plans.
