Compliance with Rule 16b-3. The intent of this Plan is to qualify for the exemption provided by Rule 16b-3 under the Exchange Act. To the extent any provision of the Plan does not comply with the requirements of Rule 16b-3, it shall be deemed inoperative to the extent permitted by law and deemed advisable by the Board of Directors and shall not affect the validity of the Plan. In the event Rule 16b-3 is revised or replaced, the Board of Directors may exercise discretion to modify this Plan in any respect necessary to satisfy the requirements of the revised exemption or its replacement.
Appears in 6 contracts
Samples: Total Shareholder Return Performance Restricted Stock Unit Agreement (Atmi Inc), Total Shareholder Return Performance Restricted Stock Unit Agreement (Atmi Inc), Non Employee Director Restricted Stock Grant Agreement (Atmi Inc)
