Plan Controls. The terms contained in the Plan are incorporated into and made a part of this Agreement and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 100 contracts
Samples: Performance Based Restricted Stock Unit Award Agreement (Citi Trends Inc), Restricted Stock Agreement (Micron Technology Inc), Restricted Stock Award Agreement (Citi Trends Inc)
Plan Controls. The terms contained in the Plan are incorporated into and made a part of this Option Agreement and this Option Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Option Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 80 contracts
Samples: Stock Option Agreement (UDR, Inc.), Incentive Stock Option Agreement, Employment Agreement (Rare Hospitality International Inc)
Plan Controls. The terms contained in the Plan are incorporated into and made a part of this Agreement and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Option Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 35 contracts
Samples: Stock Option Agreement (First Sterling Banks Inc), Stock Option Agreement (Community Bancshares Inc /De/), Non Qualified Option Agreement (Ivillage Inc)
Plan Controls. The terms contained in the Plan are incorporated into and made a part of this Agreement and this Agreement shall be are governed by and construed in accordance with the terms of the Plan, as it exists on the Grant Date and as the Plan is amended from time to time. In the event of any actual or alleged conflict between the provisions of the Plan this Agreement and the provisions of this Agreementthe Plan, the provisions terms of the Plan shall be controlling and determinativecontrol, except as expressly stated otherwise in this Agreement. The term “Section” generally refers to provisions within the Plan; provided, however, the term “Paragraph” shall refer to a provision of this Agreement.
Appears in 23 contracts
Samples: Restricted Stock Unit Award Agreement (Arcbest Corp /De/), Restricted Stock Unit Award Agreement (Arcbest Corp /De/), Restricted Stock Unit Award Agreement (Arcbest Corp /De/)
Plan Controls. The terms contained in the Plan Plan, including without limitation the antidilution adjustment provisions, are incorporated into and made a part of this Agreement Agreement, and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 15 contracts
Samples: Performance Share Unit Award Agreement (Lowes Companies Inc), Performance Share Unit Award Agreement (Lowes Companies Inc), Performance Share Unit Award Agreement (Lowes Companies Inc)
Plan Controls. The terms contained in the Plan are hereby incorporated into and made a part of this Agreement Agreement, and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, or as to matters as to which this Agreement is silent, the provisions of the Plan shall be controlling and determinative.
Appears in 14 contracts
Samples: Stock Option Award Agreement (Dow Chemical Co /De/), Restricted Stock Unit Award Agreement (Dow Chemical Co /De/), Stock Appreciation Right Award Agreement (Dow Chemical Co /De/)
Plan Controls. The terms contained of this Agreement are governed by the terms of the Plan and in the Plan are incorporated into and made a part case of any inconsistency between the terms of this Agreement and this Agreement shall be governed by and construed in accordance with the terms of the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions terms of the Plan shall be controlling and determinativecontrol.
Appears in 10 contracts
Samples: Restricted Stock Award Agreement (Commerce Bancshares Inc /Mo/), Stock Appreciation Right Agreement (Applebees International Inc), Stock Appreciation Right Agreement (Applebees International Inc)
Plan Controls. The terms contained in the Plan are incorporated into and made a part of this Agreement Agreement, and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 10 contracts
Samples: Restricted Stock Unit Agreement (Micron Technology Inc), Restricted Stock Unit Agreement (Micron Technology Inc), Restricted Stock Unit Agreement (Micron Technology Inc)
Plan Controls. The terms contained in of this Agreement are governed by the Plan are incorporated into and terms of the Plan, which is made a part hereof as if fully set forth herein, and in the case of any inconsistency between the terms of this Agreement and this Agreement shall be governed by and construed in accordance with the terms of the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions terms of the Plan shall be controlling and determinativecontrol.
Appears in 7 contracts
Samples: Nonstatutory Stock Option Agreement (International Wire Group Inc), Nonstatutory Stock Option Agreement (International Wire Group Inc), Nonstatutory Stock Option Agreement (International Wire Group Inc)
Plan Controls. The terms contained in the Plan are incorporated into and made a part of the Option and this Agreement and this Agreement shall the Options will be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall will be controlling and determinative. Capitalized terms used but not defined herein shall have the meanings given such terms in the Plan.
Appears in 5 contracts
Samples: Incentive Stock Option Agreement (Flux Power Holdings, Inc.), Non Qualified Stock Option Agreement (Flux Power Holdings, Inc.), Incentive Stock Option Agreement (Flux Power Holdings, Inc.)
Plan Controls. The terms contained in the 2008 Plan are incorporated into and made a part of this Agreement Agreement, and this Agreement shall be governed by and construed in accordance with the 2008 Plan. In the event of any actual or alleged conflict between the provisions of the 2008 Plan and the provisions of this Agreement, the provisions of the 2008 Plan shall be controlling and determinativewill control.
Appears in 4 contracts
Samples: Restricted Stock Award Agreement (Northfield Bancorp, Inc.), Restricted Stock Award Agreement (Northfield Bancorp, Inc.), Non Statutory Stock Option Award Agreement (Northfield Bancorp, Inc.)
Plan Controls. The This Agreement is subject in all respects to the terms contained in the Plan are incorporated into and made a part conditions of this Agreement and this Agreement shall be governed by and construed in accordance with the Plan, which are deemed incorporated by reference herein. In the event any terms of any actual this Agreement contradict or alleged conflict between are inconsistent with the provisions terms of the Plan and the provisions of this AgreementPlan, the provisions terms of the Plan shall be controlling and determinativecontrol.
Appears in 4 contracts
Samples: Stock Option Agreement (Remy Capital Partners Iii L P), Stock Option Agreement (Remy Capital Partners Iii L P), Stock Option Agreement (Remy Capital Partners Iii L P)
Plan Controls. The terms contained in the Plan (including without limitation provisions regarding changes in capital structure of the Company) are incorporated into and made a part of this Agreement and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 4 contracts
Samples: Deferred Stock Unit Agreement (Lowes Companies Inc), Deferred Stock Unit Agreement (Lowes Companies Inc), Deferred Stock Unit Agreement (Lowes Companies Inc)
Plan Controls. The terms contained in of the Plan are incorporated into and made a part of this Agreement and this Agreement shall be governed by and construed in accordance with the PlanAgreement. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinativecontrol.
Appears in 4 contracts
Samples: Restricted Stock Award Agreement (Citizens Financial Services Inc), Restricted Stock Award Agreement (Ottawa Savings Bancorp, Inc.), Non Statutory Stock Option Award Agreement (Ottawa Savings Bancorp, Inc.)
Plan Controls. The terms contained in the Plan shall be and are hereby incorporated into and made a part of this Agreement and this Agreement shall be governed by and construed in accordance with the Plan. Without limiting the foregoing, the terms and conditions of the Units, including the number of shares and the class or series of capital stock which may be delivered upon settlement of the Units, are subject to adjustment as provided in Article 10 of the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 4 contracts
Samples: Restricted Stock Unit Agreement (PSS World Medical Inc), Performance Based Restricted Stock Unit Agreement (PSS World Medical Inc), Performance Based Restricted Stock Unit Agreement (PSS World Medical Inc)
Plan Controls. The terms and conditions contained in the Plan are incorporated into and made a part of this Agreement Agreement, and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 4 contracts
Samples: Restricted Stock Unit Agreement (Micron Technology Inc), Restricted Stock Unit Agreement (Micron Technology Inc), Restricted Stock Unit Agreement (Micron Technology Inc)
Plan Controls. The terms and conditions contained in the Plan are incorporated into and made a part of this Agreement and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 3 contracts
Samples: Restricted Stock Agreement (Micron Technology Inc), Restricted Stock Agreement (Micron Technology Inc), Restricted Stock Agreement (Micron Technology Inc)
Plan Controls. The terms contained in the Plan shall be and are hereby incorporated into and made a part of this Agreement and this Agreement shall be governed by and construed in accordance with the Plan. Without limiting the foregoing, the terms and conditions of the Units, including the number of shares and the class or series of capital stock which may be delivered upon settlement of the Units, are subject to adjustment as provided in Article V of the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 3 contracts
Samples: Performance Based Restricted Stock Unit Agreement (Whitney Holding Corp), Performance Based Restricted Stock Unit Agreement (Whitney Holding Corp), Performance Based Restricted Stock Unit Agreement (Whitney Holding Corp)
Plan Controls. The terms contained in of this Agreement are governed by the Plan are incorporated into terms of the Plan, a copy of which has been provided to Optionee and is made a part of this Agreement and this Agreement shall be governed by and construed as if fully set forth in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, and in the provisions case of any inconsistency between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall be controlling and determinativecontrol.
Appears in 2 contracts
Samples: Nonstatutory Option Agreement (State National Bancshares, Inc.), Voting Stock Option Agreement (OxySure Systems Inc)
Plan Controls. The terms contained in the Plan are incorporated into and made a part of this Agreement and this Agreement shall be governed by and construed in accordance with the terms of the Plan. In the event of any actual or alleged conflict between the provisions terms of the Plan and the provisions terms of this Agreement, the provisions terms of the Plan shall be controlling and determinative.
Appears in 2 contracts
Samples: Restricted Stock Award Agreement (Evans Bob Farms Inc), Restricted Stock Award Agreement (Evans Bob Farms Inc)
Plan Controls. The This Agreement is granted under and is subject to the terms contained in the Plan are incorporated into and made a part of this Agreement and this Agreement shall be governed by and construed in accordance with the Plan. In the event case of any actual or alleged conflict inconsistency between the provisions terms of this Agreement and the terms of the Plan, the terms of the Plan and the provisions shall control. For purposes of this Agreement, the provisions of terms used herein shall have the meanings specified in the Plan and terms which are not defined in the Plan shall be controlling and determinativehave the meanings specified in Section 14 of this Agreement.
Appears in 2 contracts
Samples: Restricted Stock Unit Agreement (Apogent Technologies Inc), Restricted Stock Unit Agreement (Apogent Technologies Inc)
Plan Controls. The terms contained in the Plan shall be and are hereby incorporated into and made a part of this Agreement Agreement, and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 2 contracts
Samples: Restricted Stock Unit Agreement (Micron Technology Inc), Restricted Stock Unit Agreement (Micron Technology Inc)
Plan Controls. The terms contained in the Plan are incorporated into ------------- and made a part of this Option Agreement and this Option Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Option Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Acsys Inc), Incentive Stock Option Agreement (Acsys Inc)
Plan Controls. The terms contained in the Plan shall be and are hereby incorporated into and made a part of this Agreement Agreement, and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the approved Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 2 contracts
Samples: Restricted Stock Agreement (Micron Technology Inc), Restricted Stock Agreement (Micron Technology Inc)
Plan Controls. The terms contained in of this Agreement are governed by the Plan are incorporated into Plan, a copy of which has been provided to Participant and is made a part of this Agreement and as if fully set forth in this Agreement. If there is any inconsistency between the terms of this Agreement shall be governed by and construed in accordance with the terms of the Plan. In , the event of any actual or alleged conflict between the provisions terms of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinativecontrol.
Appears in 1 contract
Samples: Stock Appreciation Rights Agreement (Guaranty Bancshares Inc /Tx/)
Plan Controls. The terms contained of this Agreement are governed by the terms of the Plan, and in the Plan are incorporated into and made a part case of any inconsistency between the terms of this Agreement and this Agreement shall be governed by and construed in accordance with the terms of the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions terms of the Plan shall be controlling and determinativecontrol.
Appears in 1 contract
Samples: Unit Agreement (Hallwood Group Inc)
Plan Controls. The terms contained in the Plan are incorporated into and ------------- made a part of this Option Agreement and this Option Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Option Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 1 contract
Plan Controls. The terms contained in the Plan are incorporated into and made a part of this Agreement and this This Agreement shall be governed by and construed in accordance with the 2008 Plan. In the event of any actual or alleged conflict between the provisions of the 2008 Plan and the provisions of this Agreement, the provisions of the 2008 Plan shall be controlling and determinativewill control.
Appears in 1 contract
Samples: Incentive Stock Option Award Agreement (Northfield Bancorp, Inc.)
Plan Controls. The terms contained in the Plan are incorporated into and made a part of this Agreement Option and this Agreement shall Option will be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this AgreementOption, the provisions of the Plan shall will be controlling and determinative.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Solar Power, Inc.)
Plan Controls. The terms contained in the Plan shall be and are hereby incorporated into and made a part of this Agreement and this Agreement shall be governed by and construed in accordance with the Plan. Without limiting the foregoing, the terms and conditions of the Units, including the number of Shares and the class or series of capital stock which may be delivered upon settlement of the Units, are subject to adjustment as provided in Article 15 of the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Whitney Holding Corp)
Plan Controls. The terms contained in the Plan Plan, including without limitation the antidilution adjustment provisions, are incorporated into and made a part of this Agreement Agreement, and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative. 12.
Appears in 1 contract
Plan Controls. The terms contained in the Plan are incorporated into ------------- and made a part of this Agreement and this Agreement shall be governed by and construed in accordance with the Plan. In the event of any actual or alleged conflict between the provisions of the Plan and the provisions of this Agreement, the provisions of the Plan shall be controlling and determinative.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Airgate PCS Inc /De/)
Plan Controls. The terms contained in the Plan are is expressly incorporated into herein and is made a part of this Agreement Agreement. The Plan is supplemented by the terms and conditions of this Agreement shall be governed by and construed in accordance with the PlanAgreement. In the event of any actual or alleged conflict inconsistency between the provisions terms of the Plan this Agreement and the provisions of this AgreementPlan, the provisions of the Plan shall be controlling control and determinativegovern.
Appears in 1 contract
