Common use of Option Subject to Plan Clause in Contracts

Option Subject to Plan. By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 32 contracts

Samples: Class a Unit Option Agreement (Portillo's Inc.), Class a Unit Option Agreement (Portillo's Inc.), Class a Unit Option Agreement (Portillo's Inc.)

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Option Subject to Plan. By entering into this Agreement, the Participant Optionee agrees and acknowledges that the Participant Optionee has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 30 contracts

Samples: Stock Option Agreement (Amn Healthcare Services Inc), Stock Option Agreement (Amn Healthcare Services Inc), Stock Option Agreement (Amn Healthcare Services Inc)

Option Subject to Plan. By entering into this Agreement, Award Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 30 contracts

Samples: Nonqualified Stock Option Award Agreement (Generac Holdings Inc.), Nonqualified Stock Option Award Agreement (Cotiviti Holdings, Inc.), Nonqualified Stock Option Award Agreement (General Growth Properties, Inc.)

Option Subject to Plan. By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 27 contracts

Samples: Non Qualified Stock Option Agreement (Hovnanian Enterprises Inc), Incentive Stock Option Agreement (Hovnanian Enterprises Inc), Non Qualified Stock Option Agreement (Hovnanian Enterprises Inc)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it they may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 22 contracts

Samples: Option Award Agreement (ProPhase Labs, Inc.), Option Award Agreement (ProPhase Labs, Inc.), Options Award Agreement (ProPhase Labs, Inc.)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 13 contracts

Samples: Nonqualified Stock Option Agreement (Toys R Us Inc), Nonqualified Stock Option Agreement (Toys R Us Inc), Nonqualified Stock Option Agreement (Opnext Inc)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is and the Shares issuable upon exercise are subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 9 contracts

Samples: Nonqualified Stock Option Agreement (KKR KFC Investments LLC), Nonqualified Stock Option Agreement (KKR KFC Investments LLC), Nonqualified Stock Option Agreement (Bayview Mortgage Capital, Inc.)

Option Subject to Plan. By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan Plan, as applicable, will govern and prevail.

Appears in 8 contracts

Samples: Option Agreement (Tradeweb Markets Inc.), Nonqualified Stock Option Agreement (South Texas Supply Company, Inc.), Nonqualified Stock Option Agreement (South Texas Supply Company, Inc.)

Option Subject to Plan. By entering into this Agreement, the Participant Optionee agrees and acknowledges that the Participant Optionee has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 8 contracts

Samples: Employment Agreement (BakerCorp International, Inc.), Senior Management Non Qualified Stock Option Agreement (BakerCorp International, Inc.), Non Qualified Stock Option Agreement (FTT Holdings, Inc.)

Option Subject to Plan. By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, and the terms and provisions of the Plan are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 7 contracts

Samples: Nonqualified Stock Option Agreement (Freescale Semiconductor, Ltd.), Nonqualified Stock Option Agreement (Freescale Semiconductor, Ltd.), Nonqualified Stock Option Agreement (Freescale Semiconductor, Ltd.)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is and the Option Shares are subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time in accordance with its respective terms are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 7 contracts

Samples: Stock Option Award Agreement (Michael Foods Inc/New), Stock Option Award Agreement (Mg Waldbaum Co), Stock Option Award Agreement (Michael Foods Inc/New)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it they may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 5 contracts

Samples: Non Qualified Stock Option Agreement (DynaVox Inc.), Non Qualified Stock Option Agreement (DynaVox Inc.), Non Qualified Stock Option Agreement (FXCM Inc.)

Option Subject to Plan. By entering into this Agreement, the The Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is and the Shares received upon exercise of an Option are subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, and which are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 5 contracts

Samples: Nonqualified Stock Option Agreement (Pinnacle Foods Inc.), Nonqualified Stock Option Agreement (Pinnacle Foods Inc.), Nonqualified Stock Option Agreement (Pinnacle Foods Inc.)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan Plan, as applicable will govern and prevail.

Appears in 5 contracts

Samples: Stock Option Agreement (BTHC VII Inc), Stock Option Agreement (BTHC VII Inc), Stock Option Agreement (BTHC VII Inc)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is and the Shares received upon exercise of the Option are subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 4 contracts

Samples: Non Qualified Stock Option Agreement (TRW Automotive Holdings Corp), Nonqualified Stock Option Agreement (Celanese CORP), Nonqualified Stock Option Agreement (Celanese CORP)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The , the terms and provisions of the Planwhich, as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 4 contracts

Samples: Non Qualified Stock Option Agreement (American Axle & Manufacturing Holdings Inc), Non Qualified Stock Option Agreement (American Axle & Manufacturing Holdings Inc), Non Qualified Stock Option Agreement (American Axle & Manufacturing Holdings Inc)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 4 contracts

Samples: Nonqualified Stock Option Agreement (Pactera Technology International Ltd.), Nonqualified Stock Option Agreement (HiSoft Technology International LTD), Nonqualified Stock Option Agreement (China Ming Yang Wind Power Group LTD)

Option Subject to Plan. By entering into this Agreement, the The Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is and the Ordinary Shares received upon exercise of the Option are subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, and which are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 3 contracts

Samples: Nonqualified Stock Option Agreement (CHC Group Ltd.), Nonqualified Stock Option Agreement (CHC Group Ltd.), Nonqualified Stock Option Agreement (CHC Group Ltd.)

Option Subject to Plan. By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the PlanPlan and Plan prospectus. The Participant acknowledges and agrees that the Option is subject to the Plan. The terms and provisions of the Plan, as it they may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any express term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail, unless the Administrator determines otherwise.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Regional Management Corp.), Nonqualified Stock Option Agreement (Regional Management Corp.)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein of this Agreement and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevailgovern.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (American Axle & Manufacturing Holdings Inc), Nonqualified Stock Option Agreement (American Axle & Manufacturing Holdings Inc)

Option Subject to Plan. By entering into accepting this AgreementAgreement and the Award evidenced hereby, the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Polo Ralph Lauren Corp), Nonqualified Stock Option Agreement (Polo Ralph Lauren Corp)

Option Subject to Plan. By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the PlanPlan and the Stockholders Agreement. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan Plan, as applicable, will govern and prevail.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (McJunkin Red Man Holding Corp), Nonqualified Stock Option Agreement (McJunkin Red Man Holding Corp)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant Optionee agrees and acknowledges that the Participant Optionee has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Special Metals Corp), Stock Option Agreement (Spectrasite Inc)

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Option Subject to Plan. By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 2 contracts

Samples: Nonqualified Stock Option Award Agreement (Generac Holdings Inc.), Nonqualified Stock Option Award Agreement (Generac Holdings Inc.)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The Plan (including without limitation the arbitration provision), and the terms and provisions of the Plan, as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 2 contracts

Samples: Nonqualified Share Option Agreement (Aspen Insurance Holdings LTD), Nonqualified Share Option Agreement (Aspen Insurance Holdings LTD)

Option Subject to Plan. By entering into this Agreement, the Agreement Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan this Agreement will govern and prevail.

Appears in 1 contract

Samples: Employment Agreement (Toys R Us Inc)

Option Subject to Plan. By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the PlanPlan as set forth on Exhibit B hereto. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, and the terms and provisions of the Plan are hereby incorporated herein by reference. In the event of a conflict any inconsistency between any term or provision contained herein the Plan and a term or provision of the Planthis Agreement, the applicable terms and provisions of the Plan will govern and prevailshall control.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (El Pollo Loco Holdings, Inc.)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is and the Shares received upon exercise of the Option are subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms term and provisions provision of the Plan will govern and prevail.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Celanese CORP)

Option Subject to Plan. By entering into this Agreement, the Agreement Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 1 contract

Samples: Performance Based Nonqualified Stock Option Agreement (Toys R Us Inc)

Option Subject to Plan. By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the PlanPlan as set forth on Exhibit A hereto. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, and the terms and provisions of the Plan are hereby incorporated herein by reference. In the event of a conflict any inconsistency between any term or provision contained herein the Plan and a term or provision of the Planthis Agreement, the applicable terms and provisions of the Plan will govern and prevailshall control.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (El Pollo Loco Holdings, Inc.)

Option Subject to Plan. By entering into this Agreement, the The Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is and the Shares received upon exercise of the Option are subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, and which are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Walter Energy, Inc.)

Option Subject to Plan. By entering into this Option Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, and the terms and provisions of the Plan are hereby incorporated herein by reference. In the event of a conflict any inconsistency between any term or provision contained herein the Plan and a term or provision of the Planthis Option Agreement, the applicable terms and provisions of the Plan will govern and prevailshall control.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (El Pollo Loco Holdings, Inc.)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein of this Agreement and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevailgovern.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (American Axle & Manufacturing Holdings Inc)

Option Subject to Plan. By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it they may be amended from time to time, time as permitted by the Plan are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Twin River Worldwide Holdings, Inc.)

Option Subject to Plan. By entering into accepting this AgreementAgreement and the Award evidenced hereby, the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.of

Appears in 1 contract

Samples: Employment Agreement (Checkpoint Systems Inc)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees agree and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, Plan as it may be amended from time to time, time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Opnext Inc)

Option Subject to Plan. By entering into this Agreement, Agreement the Participant agrees and acknowledges that the Participant has received and read a copy of the PlanPlan and Plan prospectus. The Participant acknowledges and agrees that the Option is subject to the Plan. The terms and provisions of the Plan, as it they may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any express term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail, unless the Administrator determines otherwise.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Regional Management Corp.)

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