Controlling Documents for Change of Control Termination. To the extent that the Participant is subject to either a written Change of Control Severance Agreement or the Change of Control Severance Plan, the terms and conditions of such Change of Control Severance Agreement or Change of Control Severance Plan, as applicable, shall also apply to this Award in the event of a Change of Control Termination; provided, however, that with respect to the Units under this Award, the terms of the Plan and this Agreement shall control in the event of any inconsistency between their terms and the terms of the Change of Control Severance Agreement or the Change of Control Severance Plan.
Appears in 6 contracts
Samples: Restricted Stock Unit Award Agreement (SM Energy Co), Restricted Stock Unit Award Agreement (SM Energy Co), Restricted Stock Unit Award Agreement (SM Energy Co)
Controlling Documents for Change of Control Termination. To the extent that the Participant is subject to either a written Change of Control Severance Agreement or the Change of Control Severance Plan, the terms and conditions of such Change of Control Severance Agreement or Change of Control Severance Plan, as applicable, shall also apply to this Award in the event of a Change of Control Termination; provided, however, that with respect to the Performance Units under this Award, the terms of the Plan and this Agreement shall control in the event of any inconsistency between their terms and the terms of the Change of Control Severance Agreement or the Change of Control Severance Plan.
Appears in 4 contracts
Samples: Performance Share Unit Award Agreement (SM Energy Co), Performance Stock Unit Award Agreement (SM Energy Co), Performance Stock Unit Award Agreement (SM Energy Co)
Controlling Documents for Change of Control Termination. To the extent that the Participant is subject to either a written Change of Control Severance Agreement or the Change of Control Severance Plan, the terms and conditions of such Change of Control Severance Agreement or Change of Control Severance Plan, as applicable, shall also apply to this Award in the event of a Change of Control Termination; provided, however, that with respect to the Units Performance Shares under this Award, the terms of the Plan and this Agreement shall control in the event of any inconsistency between their terms and the terms of the Change of Control Severance Agreement or the Change of Control Severance Plan.
Appears in 3 contracts
Samples: Performance Share and Restricted Stock Unit Award Agreement (SM Energy Co), Performance Share and Restricted Stock Unit Award Agreement (St Mary Land & Exploration Co), Performance Share Award Agreement (St Mary Land & Exploration Co)
