Common use of No Future Entitlement Clause in Contracts

No Future Entitlement. By executing the acceptance of this Agreement, the Grantee acknowledges and agrees that: (i) the grant of the Restricted Stock Units is a one-time benefit which does not create any contractual or other right to receive future grants of Restricted Stock Units, or compensation in lieu of Restricted Stock Units, even if Restricted Stock Units have been granted repeatedly in the past; (ii) all determinations with respect to any such future grants, including, but not limited to, the times when Restricted Stock Units shall be granted or shall become vested, the maximum number of shares of Company Stock subject to each grant of Restricted Stock Units, and the purchase price, if any, will be at the sole discretion of the Board; (iii) the Restricted Stock Units and the shares of Company Stock subject to the Restricted Stock Units are extraordinary items that do not constitute compensation of any kind for services of any kind rendered to the Company or the Grantee’s employer and are outside the scope of the Grantee's employment or service contract, if any; (iv) the Restricted Stock Units and shares of Company Stock subject to the Restricted Stock Units are not part of normal or expected compensation or salary for any purpose, including, but not limited to, calculating any termination, severance, resignation, redundancy, dismissal, end of service payments or similar payments, or bonuses, long-service awards, pension or retirement benefits or similar payments and in no event should be considered compensation for, or relating in any way to, past services for the Company, the Grantee’s employer, or any subsidiary or affiliate of the Company; (v) no claim or entitlement to compensation or damages shall arise from forfeiture of the Restricted Stock Units resulting from termination of the Grantee’s employment or service by the Company or the Grantee’s employer (for any reason whatsoever and whether or not in breach of local labor laws), and in consideration of the grant of the Restricted Stock Units to which the Grantee is otherwise not entitled, the Grantee irrevocably agrees never to institute any claim against the Company or the Grantee’s employer, waives his or her ability, if any, to bring any such claim, and releases the Company and the Grantee’s employer from any such claim; if, notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by participating in the Plan, the Grantee shall be deemed irrevocably to have agreed not to pursue such claim and to execute any and all documents necessary to request dismissal or withdrawal of such claims; (vi) the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time; (vii) the Grantee is voluntarily participating in the Plan; (viii) the Restricted Stock Units and the shares of Company Stock subject to the Restricted Stock Units are not intended to replace any pension rights or compensation; (ix) the Restricted Stock Units grant and the Grantee’s participation in the Plan will not be interpreted to form an employment or service contract or relationship with the Company or any subsidiary of the Company; and (x) the future value of the underlying shares of Company Stock is unknown and cannot be predicted with certainty.

Appears in 6 contracts

Samples: Restricted Stock Unit Agreement (GAIN Capital Holdings, Inc.), Restricted Stock Unit Agreement (GAIN Capital Holdings, Inc.), Restricted Stock Unit Agreement (GAIN Capital Holdings, Inc.)

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No Future Entitlement. By executing the acceptance of your signing this Agreement, the Grantee acknowledges you acknowledge and agrees agree that: (i) the grant of the Restricted Stock Units these Award Shares is a one-time benefit which does not create any contractual or other right to receive future grants of Restricted Stock Unitsstock, or compensation in lieu of Restricted Stock Unitsstock grants, even if Restricted Stock Units stock grants have been granted repeatedly in the past; (ii) all determinations with respect to any such future grants, including, but not limited to, the times when Restricted Stock Units stock grants shall be granted or shall become vestedgranted, the maximum number of shares of Company Stock subject to each grant of Restricted Stock Unitsstock grant, and the purchase price, if anytimes or conditions under which restrictions on such stock grants shall lapse, will be at the sole discretion of the BoardCommittee; (iii) the Restricted Stock Units and the shares value of Company Stock subject to the Restricted Stock Units are this stock grant is an extraordinary items that do not constitute item of compensation of any kind for services of any kind rendered to the Company or the Grantee’s employer and are which is outside the scope of the Grantee's your employment or service contract, if any; (iv) the Restricted Stock Units and shares value of Company Stock subject to the Restricted Stock Units are this stock grant is not part of normal or expected compensation or salary for any purpose, including, but not limited to, calculating any termination, severance, resignation, redundancy, dismissal, end of service payments or similar payments, or bonuses, long-service awards, pension or retirement benefits benefits; (v) the vesting of these Award Shares ceases upon termination of employment with the Company or similar payments and in no event should be considered compensation for, or relating in any way to, past services for transfer of employment from the Company, the Grantee’s employeror other cessation of eligibility for any reason, or any subsidiary or affiliate of the Companyexcept as may otherwise be explicitly provided in this Agreement; (vvi) the Company does not guarantee any future value of these Award Shares; (vii) no claim or entitlement to compensation or damages arises if these Award Shares do not increase in value and you irrevocably release the Company from any such claim that does arise; (viii) any notice period mandated under applicable law shall arise from forfeiture not be treated as service for the purpose of determining the vesting of the Restricted Award Shares; and your right to the vesting of shares of Common Stock Units resulting from in settlement of the Award Shares after termination of the Grantee’s employment or service by the Company or the Grantee’s employer (for any reason whatsoever and whether or not in breach of local labor laws), and in consideration of the grant of the Restricted Stock Units to which the Grantee is otherwise not entitled, the Grantee irrevocably agrees never to institute any claim against the Company or the Grantee’s employer, waives his or her abilityservice, if any, will be measured by the date of termination of your active service and will not be extended by any notice period mandated under applicable law. Subject to bring any such claim, and releases the Company foregoing and the Grantee’s employer from any such claim; if, notwithstanding the foregoing, any such claim is allowed by a court provisions of competent jurisdiction, then, by participating in the Plan, the Grantee Company, in its sole discretion, shall be deemed irrevocably to have agreed not to pursue such claim determine whether your service has terminated and to execute any and all documents necessary to request dismissal or withdrawal the effective date of such claimstermination; and (viix) the Plan is established voluntarily by the Company, it is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time; (vii) the Grantee is you are voluntarily participating in the Plan; (viii) the Restricted Stock Units and the shares of Company Stock subject to the Restricted Stock Units are not intended to replace any pension rights or compensation; (ix) the Restricted Stock Units grant and the Grantee’s participation in the Plan will not be interpreted to form an employment or service contract or relationship with the Company or any subsidiary of the Company; and (x) the future value of the underlying shares of Company Stock is unknown and cannot be predicted with certainty.

Appears in 1 contract

Samples: Atlas Lithium Corp

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