Certain Special Rules. To the extent that this Agreement and the grant of the RSUs and the Option hereunder become subject to the provisions of Section 409A of the Code, the Company and Executive agree that the RSUs and the Option may be amended, modified, rescinded or substituted by the Company with an award of comparable economic value as required to maintain compliance with the provisions of Section 409A of the Code.
Appears in 12 contracts
Samples: Restricted Stock Unit and Option Agreement (Beacon Power Corp), Restricted Stock Unit and Option Agreement (Beacon Power Corp), Restricted Stock Unit and Option Agreement (Beacon Power Corp)
Certain Special Rules. To the extent that this Agreement and the grant of the RSUs and the Option hereunder become subject to the provisions of Section 409A of the Code, the Company and Executive agree that the RSUs and the Option may be amended, modified, rescinded or substituted by the Company with an award of comparable economic value as required to maintain compliance with the provisions of Section 409A of the Code.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Beacon Power Corp)
