Common use of Plan Clause in Contracts

Plan. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise expressly provided in other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 71 contracts

Samples: Performance Restricted Stock Unit Award Agreement (Sportsman's Warehouse Holdings, Inc.), Performance Restricted Stock Unit Award Agreement (Sportsman's Warehouse Holdings, Inc.), Restricted Stock Unit Award Agreement (Sportsman's Warehouse Holdings, Inc.)

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Plan. The Award and all rights of the Participant under this Award Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Award Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Award Agreement. Unless otherwise expressly provided in other sections of this Award Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 31 contracts

Samples: Performance Stock Unit Award Agreement (Francesca's Holdings CORP), Restricted Stock Unit Award Agreement (Francesca's Holdings CORP), Restricted Stock Award Agreement (Francesca's Holdings CORP)

Plan. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, Plan and this Agreement. Unless otherwise expressly provided in other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 28 contracts

Samples: Restricted Stock Unit Agreement (Healthpeak Properties, Inc.), Retentive Restricted Stock Unit Agreement (Healthpeak Properties, Inc.), Restricted Stock Unit Award Agreement (Healthpeak Properties, Inc.)

Plan. The Award and all rights of the Participant under this Award Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Award Agreement. The Participant acknowledges having read and understanding understood the Plan, the Prospectus for the Plan, and this Award Agreement. Unless otherwise expressly provided in other sections of this Award Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator Committee do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator Committee so conferred by appropriate action of the Board or the Administrator Committee under the Plan after the date hereof.

Appears in 14 contracts

Samples: Restricted Stock Unit Award Agreement (Apple Inc.), Award Agreement (Apple Inc.), Restricted Stock Unit Award Agreement (Apple Inc.)

Plan. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by this reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and understanding understood the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise expressly provided in other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 9 contracts

Samples: Performance Based Award Agreement (Go-Page Corp), Restricted Stock Award Agreement (New Century Financial Corp), Performance Based Award Agreement (FOCUS GOLD Corp)

Plan. The Award and all rights of the Participant under this Award Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Award Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Award Agreement. Unless otherwise expressly provided in other sections of this Award Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator Committee do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator Committee so conferred by appropriate action of the Board or the Administrator Committee under the Plan after the date hereof.

Appears in 6 contracts

Samples: Restricted Stock Award Agreement (Cell Therapeutics Inc), Stock Award Agreement (Cell Therapeutics Inc), Technology 2002 Stock Incentive Plan Performance Share Award Agreement (International Game Technology)

Plan. The Award and all rights of the Participant Employee under this Award Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant Employee agrees to be bound by the terms of the Plan and this Award Agreement. The Participant Employee acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Award Agreement. Unless otherwise expressly provided in other sections of this Award Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator Committee do not (and shall not be deemed to) create any rights in the Participant Employee unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator Committee so conferred by appropriate action of the Board or the Administrator Committee under the Plan after the date hereof.

Appears in 6 contracts

Samples: Restricted Stock Award Agreement (Meade Instruments Corp), Restricted Stock Award Agreement (Meade Instruments Corp), Restricted Stock Award Agreement (Meade Instruments Corp)

Plan. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise expressly provided in other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator Committee do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator Committee so conferred by appropriate action of the Board or the Administrator Committee under the Plan after the date hereof.

Appears in 6 contracts

Samples: Indie Semiconductor, Inc., Performance Stock Unit Award Agreement (Alaska Air Group Inc), Stock Unit Award Agreement (Alaska Air Group Inc)

Plan. The Award and all rights of the Participant under this Award Agreement are subject to all of the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Award Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Award Agreement. Unless otherwise expressly provided in other sections of this Award Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 5 contracts

Samples: Restricted Stock Award Agreement (New Century Financial Corp), Employee Restricted Stock Award Agreement (New Century Financial Corp), Employee Restricted Stock Award Agreement (New Century Financial Corp)

Plan. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, Plan and this Agreement. Unless otherwise expressly provided in other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 4 contracts

Samples: Share Unit Award Agreement (Hu Xianqun), Share Unit Award Agreement (Ni Ming), Share Unit Award Agreement (Wang Bingzhong)

Plan. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference, except as otherwise expressly provided in this Agreement. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, Plan and this Agreement. Unless otherwise expressly provided in other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 4 contracts

Samples: Restricted Stock Award Agreement (Hcp, Inc.), Restricted Stock Unit Award Agreement (Hcp, Inc.), Restricted Stock Unit Award Agreement (Hcp, Inc.)

Plan. The Award and all rights of the Participant under this Award Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by this reference. The Participant agrees to be bound by the terms of the Plan and this AgreementAward Agreement (including these Terms). The Participant acknowledges having read and understanding understood the Plan, the Prospectus for the Plan, and this Award Agreement. Unless otherwise expressly provided in other sections of this Award Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 3 contracts

Samples: Share Appreciation Rights Award Agreement (Lions Gate Entertainment Corp /Cn/), Share Appreciation Rights Award Agreement (Lions Gate Entertainment Corp /Cn/), Share Appreciation Rights Award Agreement (Lions Gate Entertainment Corp /Cn/)

Plan. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by this reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and understanding understood the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise expressly provided in other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator Committee do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator Committee so conferred by appropriate action of the Board or the Administrator Committee under the Plan after the date hereof.

Appears in 2 contracts

Samples: Performance Based Award Agreement (New Century Financial Corp), Performance Based Award Agreement (New Century Financial Corp)

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Plan. The Award and all rights of the Participant under this Award Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by this reference. The Participant agrees to be bound by the terms of the Plan and this AgreementAward Agreement (including these Terms). The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Award Agreement. Unless otherwise expressly provided in other sections of this Award Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 2 contracts

Samples: Award Agreement (Nationwide Health Properties Inc), Award Agreement (Nationwide Health Properties Inc)

Plan. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by this reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and understanding understood the Plan, the Prospectus Stock Award Questions & Answers for the Plan, and this Agreement. Unless otherwise expressly provided in other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) to create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 2 contracts

Samples: 2011 Stock Incentive Plan (CytomX Therapeutics, Inc.), 2011 Stock Incentive Plan (CytomX Therapeutics, Inc.)

Plan. The Award and all rights of the Participant under this Award Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Award Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Award Agreement. Unless otherwise expressly provided in other sections of this Award Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (SolarWinds, Inc.)

Plan. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise NB1:788992.2 expressly provided in other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 1 contract

Samples: Performance Stock Unit Award Agreement (Alaska Air Group Inc)

Plan. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise expressly provided in other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator Form of Restricted Stock Unit Award Agreement (CEO) so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Sportsman's Warehouse Holdings, Inc.)

Plan. The Award and all rights of the Participant under this Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant agrees to be bound by the terms of the Plan and this Agreement. The Participant acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Agreement. Unless otherwise expressly provided in other sections of this Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof. In the event of any conflict between (i) the Plan and this Agreement and (ii) Section 7.8 of the Employment Agreement, then Section 7.8 of the Employment Agreement shall govern as to the Award.

Appears in 1 contract

Samples: Employment Agreement (New Century Financial Corp)

Plan. The Award and all rights of the Participant Employee under this Award Agreement are subject to the terms and conditions of the provisions of the Plan, incorporated herein by reference. The Participant Employee agrees to be bound by the terms of the Plan and this Award Agreement. The Participant Employee acknowledges having read and understanding the Plan, the Prospectus for the Plan, and this Award Agreement. Unless otherwise expressly provided in other sections of this Award Agreement, provisions of the Plan that confer discretionary authority on the Board or the Administrator do not (and shall not be deemed to) create any rights in the Participant Employee unless such rights are expressly set forth herein or are otherwise in the sole discretion of the Board or the Administrator so conferred by appropriate action of the Board or the Administrator under the Plan after the date hereof.

Appears in 1 contract

Samples: Employee Restricted Stock Award Agreement (Willdan Group, Inc.)

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