Provisions of the Plan. This Agreement is subject to the provisions of the Plan, a copy of which is furnished to the Recipient with this Agreement. As provided in the Plan, upon the occurrence of a Reorganization Event (as defined in the Plan), the rights of the Company hereunder (including the right to receive forfeited Restricted Shares) shall inure to the benefit of the Company’s successor and, unless the Board determines otherwise, shall apply to the cash, securities or other property which the Restricted Shares were converted into or exchanged for pursuant to such Reorganization Event in the same manner and to the same extent as they applied to the Restricted Shares under this Agreement.
Appears in 29 contracts
Samples: Restricted Stock Agreement, Incentive Stock Option Agreement (Demandware Inc), Incentive Stock Option Agreement (Demandware Inc)
Provisions of the Plan. This Agreement is subject to the provisions of the Plan, a copy of which is furnished to the Recipient Participant with this Agreement. As provided in the Plan, upon the occurrence of a Reorganization Event (as defined in the Plan), the rights of the Company hereunder (including the right to receive forfeited Restricted Shares) shall inure to the benefit of the Company’s successor and, unless the Board determines otherwise, shall apply to the cash, securities or other property which the Restricted Shares were converted into or exchanged for pursuant to such Reorganization Event in the same manner and to the same extent as they applied to the Restricted Shares under this Agreement.
Appears in 5 contracts
Samples: Restricted Stock Agreement (Alnylam Pharmaceuticals, Inc.), Restricted Stock Agreement (Network Engines Inc), Restricted Stock Agreement (Alnylam Pharmaceuticals, Inc.)
Provisions of the Plan. This Agreement is subject to the provisions of the Plan, a copy of which is furnished to the Recipient with this Agreement. As provided in the Plan, upon the occurrence of a Reorganization Event (as defined in the Plan), the rights of the Company hereunder (including the right to receive forfeited Restricted Shares) shall inure to the benefit of the Company’s successor and, unless the Board determines otherwise, shall apply to the cash, securities or other property which that the Restricted Shares were converted into or exchanged for pursuant to such Reorganization Event in the same manner and to the same extent as they applied to the Restricted Shares under this Agreement.
Appears in 4 contracts
Samples: Incentive Stock Option Agreement (Demandware Inc), Incentive Stock Option Agreement (Demandware Inc), Incentive Stock Option Agreement (Demandware Inc)
Provisions of the Plan. This Agreement is subject to the provisions of the Plan, a copy of which is furnished to the Recipient with this Agreement. As provided in the Plan, upon the occurrence of a Reorganization Event (as defined in the Plan)) other than a liquidation or dissolution of the Company, the rights of the Company hereunder (including the right to receive forfeited Restricted Shares) shall inure to the benefit of the Company’s successor and, unless the Board determines otherwise, shall apply to the cash, securities or other property which the Restricted Shares were converted into or exchanged for pursuant to such Reorganization Event in the same manner and to the same extent as they applied to the Restricted Shares under this Agreement.
Appears in 2 contracts
Samples: Restricted Stock Agreement (World Energy Solutions, Inc.), Restricted Stock Agreement (World Energy Solutions, Inc.)
Provisions of the Plan. This Agreement is subject to the provisions of the Plan, a copy of which is furnished to the Recipient with this Agreement. As provided in the Plan, upon the occurrence of a Reorganization Event (as defined in the Plan), other than a Reorganization Event that constitutes a Change in Control Event, the rights of the Company hereunder (including the right to receive forfeited Restricted Shares) shall inure to the benefit of the Company’s 's successor and, unless the Board determines otherwise, and shall apply to the cash, securities or other property which the Restricted Shares were converted into or exchanged for pursuant to such Reorganization Event in the same manner and to the same extent as they applied to the Restricted Shares under this Agreement.
Appears in 2 contracts
Samples: Restricted Stock Agreement (Yankee Candle Co Inc), Restricted Stock Agreement (Yankee Candle Co Inc)
Provisions of the Plan. This Agreement is subject to the provisions of the Plan, a copy of which is furnished to the Recipient with this Agreement. As provided in the Plan, upon the occurrence of a Reorganization Acquisition Event that is not a Change in Control Event (as such terms are defined in the Plan), the rights of the Company hereunder (including the right to receive forfeited Restricted Shares) shall inure to the benefit of the Company’s successor and, unless the Board determines otherwise, shall apply to the cash, securities or other property which the Restricted Shares were converted into or exchanged for pursuant to such Reorganization Acquisition Event in the same manner and to the same extent as they applied to the Restricted Shares under this Agreement.
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