Scope of Agreement; Amendment. This Agreement shall bind and inure to the benefit of the Company, its Affiliates and its successors and assigns and Participant and any successor or successors of Participant permitted by Paragraph 2 or Paragraph 4(f) above. Notwithstanding anything in this Agreement or the Plan to the contrary, the Company expressly reserves the right to amend this Agreement without Participant’s consent to the extent necessary or desirable to comply with Code Section 409A, and the regulations, notices and other guidance of general applicability issued thereunder.
Appears in 5 contracts
Samples: Incentive Stock Option Agreement (uBid.com Holdings, Inc.), Nonqualified Stock Option Agreement (Cape Coastal Trading Corp), Incentive Stock Option Agreement (uBid.com Holdings, Inc.)
Scope of Agreement; Amendment. This Agreement shall bind and inure to the benefit of the Company, its Affiliates and its successors and assigns and Participant and any successor or successors of Participant permitted by Paragraph 2 or Paragraph 4(f) abovethis Agreement. Notwithstanding anything in this Agreement or the Plan to the contrary, the Company expressly reserves the right to amend this Agreement without Participant’s consent to the extent necessary or desirable to comply with Code Section 409A, and the regulations, notices and other guidance of general applicability issued thereunder.
Appears in 4 contracts
Samples: Nonqualified Stock Option Agreement (Bluestem Brands, Inc.), Restricted Stock Agreement (Bluestem Brands, Inc.), Restricted Stock Agreement (Bluestem Brands, Inc.)
