Common use of Effect of Accounting Principles Clause in Contracts

Effect of Accounting Principles. Notwithstanding anything set forth in Section 4 or 5 to the contrary, in the event that it is determined by the Board, after consultation with the Chief Financial Officer of the Company, that any of the provisions of either of Section 4 or 5 would result in any of the Options being classified as a liability as contemplated by Financial Accounting Standards Board Accounting Standard Codification (ASC) Section 718, Compensation — Stock Compensation (FASB ASC 718), including any amendments and interpretations thereto, then the Company shall be required to advise the Management Stockholder Entities of this determination (x) in order to allow the Management Stockholder Entities to exercise their rights under Section 4 and (y) in order for the Company to exercise its rights under Section 5 (but only to the extent that the Company notifies the Management Stockholder Entities of its intent to exercise its rights under Section 5), and then in any such case the following terms shall apply:

Appears in 3 contracts

Samples: Management Stockholder’s Agreement (Samson Holdings, Inc.), Management Stockholder’s Agreement (Del Monte Corp), ’s Agreement (Del Monte Corp)

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Effect of Accounting Principles. Notwithstanding anything set forth in Section 4 or 5 to the contrary, in the event that it is determined by the Board, after consultation with the Chief Financial Officer of the Company, that any of the provisions of either of Section 4 or 5 would result in any of the Options being classified as a liability as contemplated by Financial Accounting Standards Board Accounting Standard Codification (ASC) Section 718, Compensation — Stock Compensation (FASB ASC 718), including any amendments and interpretations thereto, then the Company shall be required to advise the Management Executive Stockholder Entities of this determination (x) in order to allow the Management Executive Stockholder Entities to exercise their rights under Section 4 and (y) in order for the Company to exercise its rights under Section 5 (but only to the extent that the Company notifies the Management Executive Stockholder Entities of its intent to exercise its rights under Section 5), and then in any such case the following terms shall apply:

Appears in 2 contracts

Samples: Executive Stockholder’s Agreement (Samson Resources Corp), Stock Purchase Agreement (Samson Resources Corp)

Effect of Accounting Principles. Notwithstanding anything set forth in Section 4 or 5 to the contrary, in the event that it is determined by the Board, after consultation with the Chief Financial Officer of the Company, that any of the provisions of either of Section 4 or 5 would result in any of the Options being classified as a liability as contemplated by Financial Accounting Standards Board Accounting Standard Codification (ASC) Section 718, Compensation — Stock Compensation (FASB ASC 718), including any amendments and interpretations thereto, then the Company shall be required to advise the Management RPM Stockholder Entities of this determination (x) in order to allow the Management RPM Stockholder Entities to exercise their rights under Section 4 and (y) in order for the Company to exercise its rights under Section 5 (but only to the extent that the Company notifies the Management RPM Stockholder Entities of its intent to exercise its rights under Section 5), and then in any such case the following terms shall apply:

Appears in 1 contract

Samples: RPM Stockholder’s Agreement (Samson Holdings, Inc.)

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Effect of Accounting Principles. Notwithstanding anything set forth in Section 4 or 5 to the contrary, in the event that it is determined by the Board, after consultation with the Chief Financial Officer of the Company, that any of the provisions of either of Section 4 or 5 would result in any of the Options being classified as a liability as contemplated by Financial Accounting Standards Board Accounting Standard Codification (ASC) Section 718, Compensation — Stock Compensation (FASB ASC 718), including any amendments and interpretations thereto, then the Company shall be required to advise the Management Employee Stockholder Entities of this determination (x) in order to allow the Management Employee Stockholder Entities to exercise their rights under Section 4 and (y) in order for the Company to exercise its rights under Section 5 (but only to the extent that the Company notifies the Management Employee Stockholder Entities of its intent to exercise its rights under Section 5), and then in any such case the following terms shall apply:

Appears in 1 contract

Samples: Employee Stockholder’s Agreement (Samson Holdings, Inc.)

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