Common use of Nonexclusivity of the Plan Clause in Contracts

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 6 contracts

Samples: Performance Based Restricted Stock Unit Award Agreement (Blade Air Mobility, Inc.), Merger Agreement (Quantum FinTech Acquisition Corp), Merger Agreement (Experience Investment Corp.)

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Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, including without limitation, the granting of equity-based awards otherwise stock options and restricted stock other than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 5 contracts

Samples: Stock Option Agreement (Netlist Inc), Stock Option Agreement (Netlist Inc), Stock Option Agreement (Netlist Inc)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, including without limitation, the granting of equity-based awards otherwise stock options other than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 5 contracts

Samples: Incentive Stock Option Agreement (Body Central Acquisition Corp), Incentive Stock Option Agreement (Body Central Acquisition Corp), Incentive Stock Option Agreement (Body Central Acquisition Corp)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders shareholders of the Company for approval shall be construed as creating any limitations on upon the power right and authority of the Board to adopt such other incentive compensation arrangements (which arrangements may be applicable either generally to a class or classes of individuals or specifically to a particular individual or particular individuals) as it may deem the Board in its discretion determines desirable, including, without limitation, the granting of equity-based awards stock options otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 3 contracts

Samples: 2008 Stock Incentive Plan (First Western Financial Inc), 2004 Stock Incentive Plan (MAKO Surgical Corp.), 2004 Stock Incentive Plan (MAKO Surgical Corp.)

Nonexclusivity of the Plan. Neither the adoption of the this Plan by the Board nor the submission of the this Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of stock options or other equity-based awards otherwise than under the this Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 3 contracts

Samples: Merger Agreement (Arogo Capital Acquisition Corp.), Merger Agreement (Data Knights Acquisition Corp.), Merger Agreement (Forum Merger III Corp)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company entitled to vote thereon for approval shall be construed as creating any limitations on upon the power right and authority of the Board to adopt such other incentive compensation arrangements (which arrangements may be applicable either generally to a class or classes of individuals or specifically to a particular individual or particular individuals) as it may deem the Board in its discretion determines desirable, including, without limitation, the granting of equity-based awards stock options otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 2 contracts

Samples: Employment Agreement (Keyw Holding Corp), Employment Agreement (Keyw Holding Corp)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on upon the power right and authority of the Board to adopt such other incentive compensation arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards otherwise than under the Plan, and such (which arrangements may be applicable either applicable generally to a class or only classes of individuals or specifically to a particular individual or particular individuals) as the Board in specific casesits discretion determines desirable.

Appears in 2 contracts

Samples: 2012 Long Term Incentive Plan (Dell Technologies Inc), 2012 Long Term Incentive Plan (Dell Inc)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders shareholders of the Company for approval shall be construed as creating any limitations on upon the power right and authority of the Board Committee to adopt such other incentive compensation arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards otherwise than under the Plan, and such (which arrangements may be applicable either applicable generally to a class or only classes of individuals or specifically to a particular individual or particular individuals) as the Committee in specific casesits discretion determines desirable.

Appears in 2 contracts

Samples: Equity Incentive Plan (RLJ Lodging Trust), Equity Incentive Plan (RLJ Lodging Trust)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of stock options or other equity-based awards otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 2 contracts

Samples: Business Combination Agreement (Ivanhoe Capital Acquisition Corp.), Business Combination Agreement (Centricus Acquisition Corp.)

Nonexclusivity of the Plan. Neither the adoption of the this Plan by the Board nor Board, the submission of the this Plan to the stockholders of the Company for approval shall approval, nor any provision of this Plan will be construed as creating any limitations on the power of the Board to adopt such other incentive additional compensation arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards stock options and bonuses otherwise than under the this Plan, and such arrangements may be either generally applicable generally or applicable only in specific cases.

Appears in 2 contracts

Samples: Settlement Agreement (Commerce Energy Group Inc), Settlement Agreement (Commerce Energy Group Inc)

Nonexclusivity of the Plan. Neither the adoption of the Plan by -------------------------- the Board nor the its submission of the Plan to the stockholders shareholders of the Company for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of equity-based options and other awards otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 2 contracts

Samples: Annual Report, 1993 Long Term Incentive and Share Award Plan (Xl Capital LTD)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board of Directors nor the submission of the Plan to the stockholders of the Company Corporation for approval shall be construed as creating any limitations on the power of the Board of Directors to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards stock options otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 2 contracts

Samples: 1996 Incentive and Nonqualified Stock Option Plan (Bancorp Rhode Island Inc), 1996 Incentive and Nonqualified Stock Option Plan (Bancorp Rhode Island Inc)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the its submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board or a committee thereof to adopt such other incentive arrangements arrangements, apart from the Plan, as it may deem desirable, including, without limitation, the granting of equity-based including incentive arrangements and awards otherwise than which do not qualify under the PlanCode Section 162(m), and such other arrangements may be either applicable generally or only in specific cases.

Appears in 2 contracts

Samples: 2012 Stock Award and Incentive Plan (Spectrum Group International, Inc.), 2001 Stock Award and Incentive Plan (R H Donnelley Corp)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on upon the power right and authority of the Board or the Committee to adopt such other incentive compensation arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards otherwise than under the Plan, and such (which arrangements may be applicable either applicable generally to a class or only classes of individuals or specifically to a particular individual or particular individuals) as the Board or the Committee in specific casestheir discretion determine desirable.

Appears in 2 contracts

Samples: 2015 Omnibus Incentive Plan (Darden Restaurants Inc), 2022 Equity Incentive Plan (BrightSpire Capital, Inc.)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the its submission of the Plan to the stockholders shareholders of the Company for approval shall be construed as creating any limitations on the power of the Board or a committee thereof to adopt such other incentive arrangements as it may deem desirable, including, without limitation, desirable including incentive arrangements and awards which do not qualify under Section 162(m) of the granting of equity-based awards otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific casesCode.

Appears in 2 contracts

Samples: Securities Purchase Agreement (MDwerks, Inc.), Securities Purchase Agreement (MDwerks, Inc.)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan or of any amendment to the stockholders of the Company shareholders for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive compensatory arrangements as it may deem desirable, including, without limitation, including the granting of equity-based awards otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: 2004 Share Incentive Plan (Primus Guaranty LTD)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the its submission of any terms of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board or a committee thereof to adopt such other incentive arrangements arrangements, apart from the Plan, as it may deem desirable, including, without limitation, including incentive arrangements and awards which do not qualify under Section 162(m) of the granting of equity-based awards otherwise than under the PlanCode, and such other arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: 2015 Pay for Performance Incentive Plan (CNO Financial Group, Inc.)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of equity-based stock options or awards otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: Merger Agreement (Roth CH Acquisition II Co)

Nonexclusivity of the Plan. Neither the The adoption of the Plan by the -------------------------- Board nor the submission of the Plan to the stockholders of the Company for approval shall not be construed as creating any limitations on the power of the Board to adopt such other incentive compensation arrangements as it may deem desirable, including, without limitation, the granting of equity-based options on Shares and other awards otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: Annual Report

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the any submission of the Plan, specific Plan terms, or amendments thereto to the a vote of stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive compensatory arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards otherwise than under the Plan, and such other arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: Distribution Agreement (Ims Health Inc)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders shareholders of the Company for approval shall be construed as creating any limitations on upon the power right and authority of the Board to adopt such other incentive compensation arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards otherwise than under the Plan, and such (which arrangements may be applicable either applicable generally to a class or only classes of individuals or specifically to a particular individual or particular individuals) as the Board in specific casesits discretion determines desirable.

Appears in 1 contract

Samples: Equity Incentive Plan (QTS Realty Trust, Inc.)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on upon the power right and authority of the Board or the Committee to adopt such other incentive compensation arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards otherwise than under the Plan, and such (which arrangements may be applicable either applicable generally to a class or only classes of individuals or specifically to a particular individual or particular individuals) as the Board or the Committee in specific casestheir discretion determines desirable.

Appears in 1 contract

Samples: Non Qualified Stock Option Transfer Agreement (Walker & Dunlop, Inc.)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan or of any amendment to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive compensatory arrangements as it may deem desirable, including, without limitation, including the granting of equity-based awards otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: Stock Purchase Agreement (Paramount Acquisition Corp)

Nonexclusivity of the Plan. Neither the The adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall not be construed as creating any limitations on the power of the Board or a committee thereof to adopt such other incentive arrangements arrangements, apart from the Plan, as it may deem desirable, including, without limitation, the granting of equity-based awards otherwise than under the Plan, and such other arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: Pay for Performance Incentive Plan (CNO Financial Group, Inc.)

Nonexclusivity of the Plan. Neither the adoption of the this Plan by the Board nor Board, the submission of the this Plan to the stockholders of the Company for approval shall approval, nor any provision of this Plan will be construed as creating any limitations on the power of the Board to adopt such other incentive additional compensation arrangements as it may deem desirable, including, without limitation, the granting of equity-based stock options and other equity awards otherwise than under the this Plan, and such arrangements may be either generally applicable generally or applicable only in specific cases.

Appears in 1 contract

Samples: 2014 Gravity Acquisition Stock Incentive Plan (AOL Inc.)

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Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board of Directors nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board of Directors to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards stock or stock options otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases. Neither the Plan nor any option granted hereunder shall be deemed to confer upon any employee any right to continued employment with the Company or its Subsidiaries.

Appears in 1 contract

Samples: Stock Purchase Agreement (Nxtrend Technology Inc)

Nonexclusivity of the Plan. Neither the The adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall not be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of equity-based options and other awards otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: 1997 Long Term Incentive and Share Award Plan for Employees (Anadigics Inc)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the its submission of the Plan to the stockholders shareholders of the Company for approval shall be construed as creating any limitations on the power of the Board to adopt or utilize such other incentive arrangements as it may deem desirable, including, without limitation, the granting of equity-based options and other awards otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: Stock Option Award Agreement (Delphi Financial Group Inc/De)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on upon the power right and authority of the Board to adopt such other incentive compensation arrangements (which arrangements may be applicable either generally to a class or classes of individuals or specifically to a particular individual or individuals) as it may deem the Board in its discretion determines desirable, including, without limitation, the granting of equity-based awards stock options or other rights otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: Restricted Stock Agreement (Poore Brothers Inc)

Nonexclusivity of the Plan. Neither the The adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall not be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards stock options and the awarding of stock and cash otherwise than under the Plan, and such arrangements may be either generally applicable generally or applicable only in specific cases.

Appears in 1 contract

Samples: Quarterly Report

Nonexclusivity of the Plan. Neither the adoption of the this Plan by the Board nor the submission of the this Plan to the stockholders holders of the Company Class A Common Units for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, without limitation, the granting of options or other equity-based awards otherwise than under the this Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: Option Award Agreement (Triller Corp.)

Nonexclusivity of the Plan. Neither the The adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall not be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, without limitation, including the granting of equity-based awards stock options and the awarding of stock and cash otherwise than under the Plan, and such arrangements may be either generally applicable generally or applicable only in specific cases.

Appears in 1 contract

Samples: Quarterly Report

Nonexclusivity of the Plan. Neither the adoption of the this Plan by the Board nor Board, the submission of the this Plan to the stockholders shareholders of the Company for approval shall approval, nor any provision of this Plan will be construed as creating any limitations on the power of the Board to adopt such other incentive additional compensation arrangements as it may deem desirable, including, without limitation, the granting of equity-based awards stock options otherwise than under the this Plan, and such arrangements may be either generally applicable generally or applicable only in specific cases.

Appears in 1 contract

Samples: Employment Agreement (Castelle \Ca\)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor any action taken in connection with the submission adoption or operation of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board to adopt such other incentive arrangements as it may deem desirable, including, including without limitation, the granting of equity-based awards otherwise stock options and restricted stock other than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: Stock Option Agreement (Radius Health, Inc.)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on upon the power right and authority of the Board to adopt such other incentive compensation arrangements (which arrangements may be applicable either generally to a class or classes of individuals or specifically to a particular individual or particular individuals) as it may deem the Board in its discretion determines desirable, including, without limitation, the granting of equity-based awards stock options otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: Merger Agreement (Enterprise Acquisition Corp.)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on upon the power right and authority of the Board to adopt such other incentive compensation arrangements (which arrangements may be applicable either generally to a class or classes of individuals or specifically to a particular individual or individuals) as it may deem the Board in its discretion determines desirable, including, without limitation, the granting to directors of equity-based awards stock options or other rights otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: Nonqualified Option Award Agreement (Saleslogix Corp)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor Board, the submission of the Plan to the stockholders shareholders of the Company for approval approval, nor any provision of the Plan shall be construed as creating any limitations on the power of the Board or the Committee to adopt such other incentive additional compensation arrangements as it may deem desirable, including, without limitation, including the granting of equity-based awards stock options and bonuses otherwise than under the Plan, and such arrangements may be either generally applicable generally or applicable only in specific cases.

Appears in 1 contract

Samples: Retention Plan and Trust Agreement (Emmis Communications Corp)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the its submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board or a committee thereof to adopt such other incentive arrangements as it may deem desirable, including, without limitation, desirable including incentive arrangements and awards which do not qualify under Section 162(m) of the granting of equity-based awards otherwise than under the Plan, and such arrangements may be either applicable generally or only in specific casesCode.

Appears in 1 contract

Samples: Merger Agreement (Nuvola, Inc.)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders shareholders of the Company for approval shall be construed as creating any limitations on upon the power right and authority of the Board to adopt such other incentive compensation arrangements (which arrangements may be applicable either generally to a class or classes of individuals or specifically to a particular individual or particular individuals) as it may deem the Board in its sole discretion determines desirable, including, without limitation, the granting of equity-based awards stock options otherwise than then under the Plan, and such arrangements may be either applicable generally or only in specific cases.

Appears in 1 contract

Samples: 2006 Stock Incentive Plan (Rosetta Stone Inc)

Nonexclusivity of the Plan. Neither the adoption of the Plan by the Board nor the submission of the Plan to the stockholders of the Company for approval shall be construed as creating any limitations on upon the power right and authority of the Board to adopt such other incentive compensation arrangements as it (which arrangements may deem desirablebe applicable either generally to a class or classes of individuals or specifically to a particular individual or particular individuals), including, without limitation, the granting of equity-based awards otherwise than under stock options as the Plan, and such arrangements may be either applicable generally or only Board in specific casesits discretion determines desirable.

Appears in 1 contract

Samples: 2005 Omnibus Long Term Incentive Plan (Under Armour, Inc.)

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