Remaining Rights. Notwithstanding the terms of Section 3 of this Agreement, Executive and the Company hereby agree that nothing in this Agreement negates or diminishes Executive’s rights under any agreement other than the Prior Agreements, including the rights (a) to receive medical benefits as described in the letter dated October 28, 1998 from Xxxxx X. Xxxx to Executive, a copy of which is attached hereto as Exhibit A; (b) to receive supplemental executive retirement benefits as described in a letter dated April 20, 1999, a copy of which is attached hereto as Exhibit B, under the DP&L Supplemental Executive Retirement Plan, as amended on December 7, 2004; (c) with respect to any stock incentive units granted under DP&L’s Management Stock Incentive Plan, as described in and subject to the terms and conditions contained in the Letter Agreement between the Company and Executive, dated October 3, 1996, to which Executive agreed and accepted October 14, 1996, a copy of which is attached hereto as Exhibit C, and as further described in the Letter Agreement between the Company and Executive, dated April 27, 2001, a copy of which is attached hereto as Exhibit D; and (d) to purchase from the Company, to the extent not yet purchased, up to a total of 50,000 Common Shares of the Company at an exercise price of $29 5/8 per share pursuant to the terms of Executive’s Management Stock Option Agreement, dated January 1, 2001, a copy of which is attached hereto as Exhibit E.
Remaining Rights. Notwithstanding the terms of Section 3 of this Agreement, Executive and the Company hereby agree that nothing in this Agreement negates or diminishes Executive’s rights under any agreement other than the Prior Agreement, including the rights to (a) receive the benefits or his obligations with respect to Executive’s relocation from Philadelphia, Pennsylvania to Dayton, Ohio as described on Schedule A attached hereto, (b) purchase from the Company, to the extent not yet purchased, up to a total of 30,000 DPL common shares at an exercise price of $25.00 per share pursuant to the terms of Executive’s Management Stock Option Agreement, dated December 29, 2004, a copy of which is attached hereto as Exhibit A, (c) receive from DPL an option to purchase up to a total of 20,000 common shares of DPL upon the earlier of (i) the date Executive relocates his primary residence and his family to the Dayton, Ohio area or (ii) the occurrence of a Change of Control (as defined in the DPL Inc. Severance Pay and Change of Control Plan), and (d) receive the amounts payable under the DPL Inc. 2003 Long-Term Incentive Plan that are payable as the amounts vest.
Remaining Rights. Notwithstanding the terms of Section 3 of this Agreement, Executive and the Company hereby agree that nothing in this Agreement negates or diminishes Executive’s right under the Prior Agreement to (a) purchase from the Company, to the extent not yet purchased, up to a total of 100,000 Common Shares of the Company at an exercise price of $15.88 per share pursuant to the terms of Executive’s Management Stock Option Agreement, dated January 3, 2003, a copy of which is attached hereto as Exhibit A, (b) purchase from the company, to the extent not yet purchased, up to a total of 20,000 Common Shares of the Company at an exercise price of $24.90 per share pursuant to the terms of Executive’s Management Stock Option Agreement, dated December 21, 2004, a copy of which is attached hereto as Exhibit B, and (c) receive the amounts payable under the DPL Inc. 2003 Long-Term Incentive Plan that are payable as the amounts vest.
Remaining Rights. The Adjustment Waiver shall not apply to any other rights Employee may have or be entitled with respect to the Applicable Provision.
Remaining Rights. Notwithstanding the terms of Section 3 of this Agreement, Executive and the Company hereby agree that nothing in this Agreement negates or diminishes Executive’s right under any agreement other than the Prior Agreements, including, but not limited to, the right to receive amounts payable under the DPL Inc. 2003 Long-Term Incentive Plan that are payable as the amounts vest.
Remaining Rights. Notwithstanding the terms of Section 3 of this Agreement, Executive and the Company hereby agree that nothing in this Agreement negates or diminishes Executive’s right under any agreement other than the Prior Agreement, including, but not limited to, the right to (a) receive the benefits or his obligations with respect to his relocation from Cleveland, Ohio to Dayton, Ohio as described on Schedule A attached hereto and (b) receive the amounts payable under the DPL Inc. 2003 Long-Term Incentive Plan that are payable as the amounts vest.
Remaining Rights. Notwithstanding the terms of Section 3 of this Agreement, Executive and the Company hereby agree that nothing in this Agreement negates or diminishes Executive’s rights under any agreement other than the Prior Agreements, including, the rights (a) with respect to any stock incentive units granted under DP&L’s Management Stock Incentive Plan, subject to the terms and conditions contained in the Non-Competition Agreement between the Company and Executive, dated October 3, 1996, a copy of which is attached hereto as Exhibit A, and as further described in the Letter Agreement between the Company and Executive, dated April 27, 2001, a copy of which is attached hereto as Exhibit B, and (b) to purchase from DPL, to the extent not yet purchased, up to a total of 50,000 common shares of DPL at an exercise price of $29 5/8 per share pursuant to the terms of Executive’s Management Stock Option Agreement, dated January 1, 2001, a copy of which is attached hereto as Exhibit C.
Remaining Rights. To the extent the Contributor is viewed as having any rights after the date hereof with respect to the Transferred Assets, the Contributor shall exercise those rights as directed by the Recipient.
Remaining Rights. Notwithstanding the terms of Section 2, Executive and DPL hereby agree that nothing in this Agreement negates or diminishes the Executive’s right (a) to receive cash payouts under any stock incentive units awarded under the DP&L Management Stock Incentive Plan, as described in and subject to the terms and conditions contained in the Letter between DPL and Executive, April 27, 2001, a copy of which is attached as Exhibit A; and (b) to purchase from DPL, to the extent not yet purchased, up to a total of 30,000 common shares of DPL at an exercise price of $29 5/8 per share pursuant to the terms of Executive’s Management Stock Option Agreement, dated January 1, 2001, a copy of which is attached hereto as Exhibit B.
Remaining Rights. Notwithstanding the terms of Section 2, Executive and Company hereby agree that nothing in this Agreement negates or diminishes the Executive’s right (a) to receive cash payouts under any stock incentive units awarded under the DP&L Management Stock Incentive Plan, as described in and subject to the terms and conditions contained in the Letter between DPL and Executive dated April 27, 2001, a copy of which is attached as Exhibit A. The Company and Executive further agree that, upon execution of this Participation Agreement, the Participation Agreement between the Company and Executive dated August 30, 2007, which granted Executive rights under the Company’s Severance and Change of Control Plan, shall be null and void and have no further effect and that any other rights the Executive had or was eligible to receive or potentially receive under the previous Participation Plan shall be forever waived.
