Plan. The terms and provisions of the Plan are incorporated herein by reference, and the Participant hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the terms and provisions of the Plan and the provisions of this Agreement, this Agreement shall govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan.
Appears in 18 contracts
Samples: Stock Option Agreement (Green Brick Partners, Inc.), Stock Option Agreement (EVERTEC, Inc.), Stock Option Agreement (Great Wolf Resorts, Inc.)
Plan. The terms and provisions of the Plan are incorporated herein by reference, and the Participant hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the terms and provisions of the Plan and the provisions of this Agreement, this Agreement shall govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan.
Appears in 16 contracts
Samples: Director Restricted Stock Unit Award Agreement (Warrior Met Coal, Inc.), Director Restricted Stock Unit Award Agreement (Warrior Met Coal, Inc.), Stock Option Agreement
Plan. The terms and provisions of the Plan are incorporated herein by reference, and the Participant hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the terms and provisions of the Plan and the provisions of this Agreement, this Agreement the Plan shall govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan.
Appears in 9 contracts
Samples: Restricted Common Stock Award Agreement (HighPoint Resources Corp), Nonqualified Stock Option Agreement (Horizon PCS Inc), Non Employee Director Restricted Stock Unit Award Agreement (Alliance Data Systems Corp)
Plan. The terms and provisions of the Plan are incorporated herein by reference, and the Participant hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the terms and provisions of the Plan and the provisions of this Agreement, this Agreement shall govern and control. All capitalized In the event of a conflict or inconsistency between the terms not defined herein and provisions of the Plan or the provisions of this Agreement and the LLC Agreement, the LLC Agreement shall have the meaning ascribed to them as set forth in the Plangovern and control.
Appears in 7 contracts
Samples: Restricted Unit Award Agreement (Warrior Met Coal, LLC), Restricted Unit Award Agreement (Warrior Met Coal, LLC), Restricted Unit Award Agreement (Warrior Met Coal, LLC)
Plan. The terms and provisions of the Plan are incorporated herein by reference, and the Participant hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the discretionary terms and provisions of the Plan and the provisions of this Agreement, this Agreement shall will govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan.
Appears in 7 contracts
Samples: Stock Option Agreement (Wet Seal Inc), Stock Option Agreement (Wet Seal Inc), Employment Agreement (Wet Seal Inc)
Plan. The terms and provisions of the Plan are incorporated herein by reference, and the Participant Optionee hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the terms and provisions of the Plan and the provisions of this Agreement, this Agreement the Plan shall govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan.
Appears in 5 contracts
Samples: Stock Incentive Plan (Max Capital Group Ltd.), Non Qualified (Max Re Capital LTD), Model Agreement (Max Capital Group Ltd.)
Plan. The terms and provisions of the Plan are incorporated herein by reference, and the Participant hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the terms and provisions of the Plan and the provisions of this Agreement, this Agreement shall govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan. Notwithstanding anything herein or in the Plan to the contrary, the provisions of Section 15 of the Plan shall not apply to the Participant.
Appears in 3 contracts
Samples: Stock Option Agreement (Aventine Renewable Energy Holdings Inc), Stock Option Agreement (Aventine Renewable Energy Holdings Inc), Stock Option Agreement (Aventine Renewable Energy Holdings Inc)
Plan. The terms and provisions of the Plan including, without limitation, Section 14 thereof, are incorporated herein by reference, and the Participant hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the discretionary terms and provisions of the Plan and the provisions of this Agreement, this Agreement the Plan shall govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan.
Appears in 2 contracts
Samples: Stock Option Agreement (Greenlight Capital Re, Ltd.), 2004 Stock Incentive Plan (Greenlight Capital Re, Ltd.)
Plan. The terms and provisions of the Plan are incorporated herein by ---- reference, and the Participant Optionee hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the discretionary terms and provisions of the Plan and the express provisions of this Agreement, this Agreement shall govern and control. In all other instances of conflicts or inconsistencies or omissions, the terms and provisions of the Plan shall govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Global Industrial Technologies Inc), Nonqualified Stock Option Agreement (Global Industrial Technologies Inc)
Plan. The terms and provisions of the Plan are incorporated herein by reference, and the Participant hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the terms and provisions of the Plan (other than such terms and provisions that are discretionary) and the provisions of this Agreement, this Agreement the Plan shall govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan.
Appears in 2 contracts
Samples: Stock Appreciation Rights Award Agreement (Pinnacle Gas Resources, Inc.), Stock Incentive Plan Restricted Stock Grant Agreement (Pinnacle Gas Resources, Inc.)
Plan. The terms and provisions of the Plan including, without limitation, Section 13 thereof, are incorporated herein by reference, and the Participant hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the discretionary terms and provisions of the Plan and the provisions of this Agreement, this Agreement the Plan shall govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan.
Appears in 1 contract
Samples: Stock Option Agreement (Greenlight Capital Re, Ltd.)
Plan. The terms and provisions of the Plan are incorporated herein by reference, and the Participant Optionee hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the terms and provisions provision of the Plan and the provisions of this Option Agreement, the terms of this Option Agreement shall govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan.
Appears in 1 contract
Plan. The terms and provisions of the Plan are incorporated herein by reference, and the Participant Optionee hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the terms and provisions of the Plan (other than such terms and provisions that are discretionary) and the provisions of this Agreement, this Agreement the Plan shall govern and control. All capitalized Capitalized terms used herein but not otherwise defined herein shall have the meaning ascribed meanings given to them as set forth in the Plan.
Appears in 1 contract
Samples: Incentive Plan Stock Option Agreement (Pinnacle Gas Resources, Inc.)
Plan. The terms and provisions of the Plan are incorporated herein by reference, and the Participant hereby acknowledges receiving a copy of the Plan. In the event of a conflict or inconsistency between the terms and provisions of the Plan and the provisions of this Agreement, this Agreement the Plan shall govern and control. All capitalized terms not defined herein shall have the meaning ascribed to them as set forth in the Plan.. * * * * * *
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Alliance Data Systems Corp)
