Common use of Retirement and Welfare Plans Clause in Contracts

Retirement and Welfare Plans. Neither Awards made under the Plan nor shares of Stock or cash paid pursuant to such Awards, may be included as “compensation” for purposes of computing the benefits payable to any Participant under the Company’s or any Affiliate’s retirement plans (both qualified and non-qualified) or welfare benefit plans unless such other plan expressly provides that such compensation shall be taken into account in computing a participant’s benefit.

Appears in 6 contracts

Samples: Long Term Incentive Plan (Rex Energy Corp), Long Term Incentive Plan (Dex Media, Inc.), Long Term Incentive Plan (Rex Energy Corp)

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Retirement and Welfare Plans. Neither Awards made under the Plan nor shares of Stock or cash paid pursuant to such Awards, may be included as “compensation” for purposes of computing the benefits payable to any Participant person under the Company’s or any Affiliate’s retirement plans (both qualified and non-qualified) or welfare benefit plans unless such other plan expressly provides that such compensation shall be taken into account in computing a participant’s benefit.

Appears in 5 contracts

Samples: 2010 Omnibus Incentive Plan (Viasat Inc), 2009 Omnibus Incentive Plan (Rosetta Stone Inc), 2012 Omnibus Incentive Plan (Independence Contract Drilling, Inc.)

Retirement and Welfare Plans. Neither Awards made under the Plan nor shares of Stock Shares or cash paid pursuant to such Awards, may be included as “compensation” for purposes of computing the benefits payable to any Participant person under the Company’s or any Affiliate’s retirement plans (both qualified and non-qualified) or welfare benefit plans unless such other plan expressly provides that such compensation shall be taken into account in computing a participant’s benefit.

Appears in 3 contracts

Samples: 2011 Omnibus Stock Plan (Newfield Exploration Co /De/), 2011 Omnibus Stock Plan (Newfield Exploration Co /De/), 2011 Omnibus Stock Plan (Newfield Exploration Co /De/)

Retirement and Welfare Plans. Neither Awards made under the this Plan nor shares of Stock or cash paid pursuant to such Awards, may Awards shall be included as “compensation” compensation for purposes of computing the benefits payable to any Participant Optionee under the Company’s or any Affiliate’s retirement plans (both qualified and non-qualified) or welfare benefit plans unless such other plan expressly provides that such compensation shall be taken into account in computing a participant’s benefitsuch benefits.

Appears in 2 contracts

Samples: Stock Option Agreement (Pernix Group, Inc.), Stock Option Agreement (Pernix Group, Inc.)

Retirement and Welfare Plans. Neither The Awards made under the Plan nor shares of Stock or cash paid pursuant to such Awards, may this Plans will not be included as “compensation” for purposes of computing the benefits payable to any Participant under the Company’s or any Affiliate’s retirement plans (both qualified and non-qualifiednonqualified) or welfare benefit plans unless such other plan expressly provides that such compensation shall be taken into account in computing a participantParticipant’s benefit.

Appears in 1 contract

Samples: Equity Compensation Agreement (County Bancorp, Inc.)

Retirement and Welfare Plans. Neither Awards made under the this Plan nor shares of Stock Shares or cash paid pursuant to such Awards, except pursuant to Covered Employee Annual Incentive Awards, may be included as “compensation” for purposes of computing the benefits payable to any Participant under the Company’s or any Subsidiary’s or Affiliate’s retirement plans (both qualified and non-qualified) or welfare benefit plans unless such other plan expressly provides that such compensation shall be taken into account in computing a participantParticipant’s benefit.

Appears in 1 contract

Samples: Employment Agreement (NPS Pharmaceuticals Inc)

Retirement and Welfare Plans. Neither Awards made under the this Plan nor shares of Stock stock or cash paid pursuant to such Awards, Awards may be included as "compensation" for purposes of computing the benefits payable to any Participant person under the Company’s or any Affiliate’s 's retirement plans (both qualified and non-qualified) or welfare benefit plans unless such other plan expressly provides that such compensation shall be taken into account in computing a participant’s Participant's benefit.

Appears in 1 contract

Samples: 2010 Long Term Incentive Plan (Ballantyne Strong, Inc.)

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Retirement and Welfare Plans. Neither Awards made under the this Plan nor shares of Stock or cash paid pursuant to such Awards, may Awards shall be included as “compensation” for purposes of computing the benefits payable to any Participant under the any Participating Company’s or any Affiliate’s retirement plans (both qualified and non-qualified) or welfare benefit plans unless such other plan expressly provides that such compensation shall be taken into account in computing a participant’s benefitsuch benefits.

Appears in 1 contract

Samples: Stock Option Agreement (Pernix Group, Inc.)

Retirement and Welfare Plans. Neither Awards made under the this Plan nor shares of Stock or cash paid pursuant to such Awards, Awards may be included as “compensation” for purposes of computing the benefits payable to any Participant under the any Participating Company’s or any Affiliate’s retirement plans (both qualified and non-qualified) or welfare benefit plans unless such other plan expressly provides that such compensation shall be taken into account in computing a participantParticipant’s benefit. In addition, unless a written employment agreement or other service agreement specifically references Awards, a general reference to “benefits” or a similar term in such agreement shall not be deemed to refer to Awards granted hereunder.

Appears in 1 contract

Samples: Business Combination Agreement (FTAC Athena Acquisition Corp.)

Retirement and Welfare Plans. Neither Awards made under the Plan nor shares of Stock or cash paid pursuant to such Awards, may be included as "compensation" for purposes of computing the benefits payable to any Participant person under the Company’s 's or any Affiliate’s 's retirement plans (both qualified and non-qualified) or welfare benefit plans unless such other plan expressly provides that such compensation shall be taken into account in computing a participant’s 's benefit.

Appears in 1 contract

Samples: 2009 Omnibus Incentive Plan (Rosetta Stone Inc)

Retirement and Welfare Plans. Neither Awards made under the this Plan nor shares of Stock Shares or cash paid pursuant to such Awards, Awards may be included as “compensation” for purposes of computing the benefits payable to any Participant under the Company’s or any Affiliate’s of its Affiliates’ retirement plans (both qualified and non-qualified) or welfare benefit plans unless such other plan expressly provides that such compensation shall be taken into account in computing a participantParticipant’s benefit.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Welsbach Technology Metals Acquisition Corp.)

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