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 based on the advice of the Company’s accountants 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 FASB Statement No. 123R, Share-Based Payment, including any amendments and interpretations thereto, then the following terms shall apply:
Appears in 2 contracts
Samples: S Agreement, Management Stockholder’s Agreement (Great North Imports, LLC)
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 based on the advice of the Company’s accountants 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 FASB Statement No. 123R, Share-Based Payment, including any amendments and interpretations thereto, then the following terms shall apply:
Appears in 2 contracts
Samples: Management Stockholder’s Agreement (US Foods Holding Corp.), Management Stockholder’s Agreement (Us Foods, Inc.)
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 based on the advice of the Company’s accountants that any of the provisions of either of Section 4 or 5 would result in any of the Options Stock or Equity Awards being classified as a liability as contemplated by FASB Statement No. 123R, Share-Based Payment, including any amendments and interpretations thereto, then the following terms shall apply:
Appears in 1 contract
Samples: Management Stockholder’s Agreement (Laureate Education, Inc.)
Effect of Accounting Principles. Notwithstanding anything set forth in Section 4 6 or 5 7 to the contrary, in the event that it is determined by the Board based on the advice of the Company’s accountants that any of the provisions of either of Section 4 6 or 5 7 would result in any of the Options being classified as a liability as contemplated by FASB Statement No. 123R, Share-Based Payment, including any amendments and interpretations thereto, then the following terms shall apply:
Appears in 1 contract
