Common use of No Restriction on Right of Company to Effect Corporate Changes Clause in Contracts

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 61 contracts

Samples: Award Agreement for Employees – Restricted Stock Units (EnerSys), Employee Stock Option Agreement (EnerSys), Employee Stock Option Agreement (EnerSys)

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No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, or prior preference stocks whose rights are superior to or affect the Common Stock Shares or the rights thereof or which are convertible into or exchangeable for Common StockShares, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise. In such event, any adjustment shall be made in accordance with Section 12 of the Plan.

Appears in 6 contracts

Samples: Nonqualified Stock Option Agreement (Lands' End, Inc.), Restricted Stock Unit Agreement (Lands' End, Inc.), Nonqualified Stock Option Agreement (Lands' End, Inc.)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 6 contracts

Samples: Stock Appreciation Right Award Agreement (Tigo Energy, Inc.), Stock Appreciation Right Award Agreement (Assembly Biosciences, Inc.), Stock Option Agreement (Lincoln Educational Services Corp)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Award Agreement shall affect or restrict in any way the right or power of the Company or its stockholders shareholders to make or authorize any or all adjustmentsadjustment, recapitalizationsrecapitalization, reorganizations, reorganization or other changes change in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any sale or transfer of all or any part of its assets or business, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 6 contracts

Samples: Restricted Stock Agreement (Dycom Industries Inc), Restricted Stock Agreement (Dycom Industries Inc), Restricted Stock Agreement (Dycom Industries Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this This Award and Award Agreement shall not affect or restrict in any way the right or power of the Company or its the stockholders of the Company to make or authorize any or all adjustmentsadjustment, recapitalizationsrecapitalization, reorganizations, reorganization or other changes change in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue issuance of stock or of stock options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 5 contracts

Samples: Stock Unit Award Agreement (Mips Technologies Inc), Stock Unit Award Agreement (Mips Technologies Inc), Stock Unit Award Agreement (Mips Technologies Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither this Agreement nor the Plan nor this Stockholders Agreement shall affect in any way the right or power of the Company or its stockholders to to, after the Effective Time, make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock Management Shares or the rights thereof or which are convertible into or exchangeable for Class N Common StockStock or other equity securities of the Company, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 5 contracts

Samples: Management Subscription Agreement (Amc Entertainment Holdings, Inc.), Management Subscription Agreement (Amc Entertainment Holdings, Inc.), Management Subscription Agreement (Amc Entertainment Holdings, Inc.)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this This Agreement shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock Shares or the rights thereof or which are convertible into or exchangeable for Common StockShares, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 4 contracts

Samples: Stock Option Agreement (Webmd Corp /New/), Stock Option Agreement (Synetic Inc), Stock Option Agreement (Synetic Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Award Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 3 contracts

Samples: Consulting Agreement (Assembly Biosciences, Inc.), Restricted Stock Award Agreement (Pharmaceutical Product Development Inc), Restricted Stock Award Agreement (Pharmaceutical Product Development Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this This Agreement shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizationsrecapitalization, reorganizations, reorganization or other changes in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Class B Common Stock or the rights thereof or which are convertible into or exchangeable for Class B Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 3 contracts

Samples: Employment Agreement (CBS Corp), Stock Option Agreement (Viacom Inc), Employment Agreement (Viacom Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders Shareholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock shares or of options, warrants or rights to purchase stock shares or of bonds, debentures, preferred, or prior preference stocks shares whose rights are superior to or affect the Common Stock shares or the rights thereof or which are convertible into or exchangeable for Common Stockshares, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 3 contracts

Samples: Restricted Share Unit Agreement (Seritage Growth Properties), Performance Vesting Restricted Share Unit Agreement (Seritage Growth Properties), Restricted Share Unit Agreement (Seritage Growth Properties)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor Subject to Section 6, this Agreement shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock Shares or the rights thereof or which are convertible into or exchangeable for Common StockShares, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 2 contracts

Samples: Stock Option Agreement (Webmd Corp /New/), Letter Agreement (Webmd Corp /New/)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders Shareholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock Share or of options, warrants or rights to purchase stock Share or of bonds, debentures, preferred, or prior preference stocks Shares whose rights are superior to or affect the Common Stock Share or the rights thereof or which are convertible into or exchangeable for Common StockShare, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 2 contracts

Samples: Time Vesting Restricted Share Agreement (Seritage Growth Properties), Restricted Share Agreement (Seritage Growth Properties)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this This Director's Stock Option Agreement shall not affect or restrict in any way the right or power of the Company or its the stockholders of the Company to make or authorize any or all adjustmentsadjustment, recapitalizationsrecapitalization, reorganizations, reorganization or other changes change in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue issuance of stock or of stock options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 2 contracts

Samples: Director's Stock Option Agreement (Mips Technologies Inc), Director's Stock Option Agreement (Mips Technologies Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (EnerSys), Stock Option Agreement (EnerSys)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect or restrict in any way the right or power of the Company or its stockholders to make or authorize any or all adjustmentsadjustment, recapitalizationsrecapitalization, reorganizations, reorganization or other changes change in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Anheuser-Busch Companies, Inc.), Incentive Stock Option Agreement (Anheuser-Busch Companies, Inc.)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Award Agreement shall affect or restrict in any way the right or power of the Company or its stockholders shareholders to make or authorize any or all adjustmentsadjustment, recapitalizationsrecapitalization, reorganizations, reorganization or other changes change in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or dividend or other distribution, any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Rofin Sinar Technologies Inc), Incentive Stock Option Agreement (Rofin Sinar Technologies Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders shareholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 2 contracts

Samples: Restricted Stock Units Award Agreement (ICC Holdings, Inc.), Restricted Stock Units Award Agreement (ICC Holdings, Inc.)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this This Agreement shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement (Issuer Direct Corp), Restricted Stock Unit Award Agreement (Tapinator, Inc.)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this This Agreement shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Identive Group, Inc.), Restricted Stock Agreement (WebMD Health Corp.)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this This Agreement shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 2 contracts

Samples: Consulting Agreement (Compost America Holding Co Inc), Consulting Agreement (Compost America Holding Co Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this This Agreement shall not affect or restrict in any way the right or power of the Company or its the stockholders of the Company to make or authorize any or all adjustmentsadjustment, recapitalizationsrecapitalization, reorganizations, reorganization or other changes change in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue issuance of stock or of stock options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Bedford Property Investors Inc/Md)

No Restriction on Right of Company to Effect Corporate Changes. Neither the The Plan nor this Agreement shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s Company s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: 1998 Employee Stock Option Plan (Buckle Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect or restrict in any way the right or power of the Company or its stockholders shareholders to make or authorize any or all adjustmentsadjustment, recapitalizationsrecapitalization, reorganizations, reorganization or other changes change in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of stock, options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Stock Option Agreement (Memc Electronic Materials Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Common Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Common Stock Options Agreement (American Color Graphics Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizationsrecapitalization, reorganizations, reorganizations or other changes in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Non Qualified Option Agreement (Wolverine Tube Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred to or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Management Equity Agreement (Kinetic Concepts Inc /Tx/)

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No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue issuance of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Companycompany, or any sale or transfer of all or any part of the its assets or business business, or any sale or transfer of the Companyall or any part of its assets or business, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Stock Option Agreement (Bedford Property Investors Inc/Md)

No Restriction on Right of Company to Effect Corporate Changes. Neither the The Plan nor this Agreement shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizationsrecapitalization, reorganizations, reorganizations or other changes in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Stock Incentive Plan (Ambac Inc /De/)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this This Agreement shall not affect in any way the right or power of the Company Company, the Board or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the CompanyCompany or any Affiliate, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwiseotherwise as provided in Section 4.2(a) of the Plan.

Appears in 1 contract

Samples: Restricted Stock Agreement (Town Sports International Holdings Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this This Agreement shall not affect in any way the right or power of the Company Company, the Board or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the CompanyCompany or any Affiliate, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise, as provided in Section 4.2(c) of the Plan.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Town Sports International Holdings Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizationsrecapitalization, reorganizations, reorganizations or other changes in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Sar Agreement (Wolverine Tube Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock Shares or the rights thereof or which are convertible into or exchangeable for Common StockShares, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Stock Option Agreement (Synetic Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, or prior preference stocks whose rights are superior to or affect the Common Stock Company’s common stock or the rights thereof or which are convertible into or exchangeable for Common Stockshares of common stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Barnes James A)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.or

Appears in 1 contract

Samples: Employee Stock Option Agreement (EnerSys)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Management Equity Agreement (Kinetic Concepts Inc /Tx/)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.. 8 8

Appears in 1 contract

Samples: Management Equity Agreement (Kinetic Concepts Inc /Tx/)

No Restriction on Right of Company to Effect Corporate Changes. Neither Nothing in the Plan nor this Agreement shall affect in any way the right or power of the Company or its stockholders shareholders to make or authorize any or all adjustments, recapitalizations, reorganizations, reorganizations or other changes in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of stock, options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Award Agreement (Burlington Industries Inc /De/)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan Plans nor this Agreement shall affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Lands' End, Inc.)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect or restrict in any way the right or power of the Company or its stockholders shareholders to make or authorize any or all adjustmentsadjustment, recapitalizationsrecapitalization, reorganizations, reorganization or other changes change in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or dividend or other distribution, any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Duane Reade Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the The Plan nor this Agreement shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustmentsadjustment, recapitalizations, reorganizations, reorganizations or other changes in the Company’s 's capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common StockStock , or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the its assets or business of the Companybusiness, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: 1997 Executive Stock Option Plan (Buckle Inc)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect in any way the right or power of the Rev. 8.2018 - General Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations, or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Award Agreement for Employees – Restricted Stock Units (EnerSys)

No Restriction on Right of Company to Effect Corporate Changes. Neither the Plan nor this Agreement shall affect or restrict in any way the right or power of the Company or its stockholders shareholders to make or authorize any or all adjustmentsadjustment, recapitalizationsrecapitalization, reorganizations, reorganization or other changes change in the Company’s capital structure or its businessbusiness of the Company, or any merger or consolidation of the Company, or any issue of stock or of options, warrants or rights to purchase stock or of bonds, debentures, preferred, preferred or prior preference stocks whose rights are superior to or affect the Common Stock or the rights thereof or which are convertible into or exchangeable for Common Stock, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the assets or business of the Company, or any other corporate act or proceeding, whether of a similar character or otherwise.

Appears in 1 contract

Samples: Stock Option and Performance Restricted Stock Agreement (Memc Electronic Materials Inc)

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