Certain Special Rules. To the extent that this Agreement and the grant of the Option hereunder become subject to the provisions of Section 409A of the Code, the Company and Executive agree that the Option may be amended, modified, rescinded or substituted by the Company with an award of comparable economic value as required to maintain compliance with the provisions of Section 409A of the Code.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 3 contracts
Samples: Option Agreement (Beacon Power Corp), Option Agreement (Beacon Power Corp), Option Agreement (Beacon Power Corp)
Certain Special Rules. To the extent that this Agreement and the grant of the Option hereunder become subject to the provisions of Section 409A of the Code, the Company and Executive agree that the Option may be amended, modified, rescinded or substituted by the Company with an award of comparable economic value as required to maintain compliance with the provisions of Section 409A of the Code.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 2 contracts
Samples: Option Agreement (Beacon Power Corp), Option Agreement (Beacon Power Corp)
