Compensatory Arrangements. The Company and Executive hereby acknowledge and agree that this Agreement has been executed and delivered, and the Executive Units have been issued hereunder, in connection with and as a part of the compensation and incentive arrangements between the Company and Executive, and pursuant and subject to the provisions of the Company’s Amended and Restated 2007 Incentive Equity Plan (the “Plan”). Notwithstanding the binding effect of the Board’s or the Committee’s (as defined in the Plan) determinations under the Plan, in the event of any proceeding where such determination is at issue the determination shall be reviewed by the court or arbitrator on a de novo basis.
Appears in 2 contracts
Samples: Class C Executive Unit Grant Agreement (Yankee Holding Corp.), Class C Executive Unit Grant Agreement (Yankee Holding Corp.)
Compensatory Arrangements. The Company and Executive hereby acknowledge and agree that this Agreement has been executed and delivered, and the Executive Units have been issued hereunder, in connection with and as a part of the compensation and incentive arrangements between the Company and Executive, and pursuant and subject to the provisions of the Company’s Amended and Restated 2007 2011 Incentive Equity Plan (the “Plan”). Notwithstanding the binding effect of the Board’s or the Committee’s (as defined in the Plan) determinations under the Plan, in the event of any proceeding where such determination is at issue the determination shall be reviewed by the court or arbitrator on a de novo basis.
Appears in 2 contracts
Samples: Executive Unit Exchange Agreement (Yankee Finance, Inc.), Executive Unit Exchange Agreement (Yankee Finance, Inc.)
Compensatory Arrangements. The Company and Executive hereby acknowledge and agree that this Agreement has been executed and delivered, and the Executive Units have been issued hereunder, in connection with and as a part of the compensation and incentive arrangements between the Company and Executive, and pursuant and subject to the provisions of the Company’s Amended and Restated 2007 Incentive Equity Plan (the “Plan”). Notwithstanding the binding effect of the Board’s or the Committee’s (as defined in the Plan) determinations under the Plan, in the event of any proceeding where such determination is at issue the determination shall be reviewed by the court or arbitrator on a de novo basis.
Appears in 1 contract
Samples: Class B Executive Unit Purchase Agreement (Yankee Holding Corp.)
