Examples of EAR Plan in a sentence
Prior to the Closing Date, Seller shall cause York to take all actions necessary or appropriate to provide that all EARs granted and vested under the EAR Plan, which on or prior to the Closing Date have become vested and exercisable in accordance with their terms and which are listed on Schedule 5.12 (the "Vested EARs"), shall be cancelled by York and shall no longer be outstanding thereafter.
Following the Effective Date, no further awards shall be granted under the EAR Plan.
Reflects expenses related to the Equity Appreciation Rights (“EARs”) granted under our EAR Plan and the remeasurement of the liability at each reporting period based on the then-current projection of our common stock equivalent value (as defined in the EAR Plan).
Reflects expenses related to the anticipated full vesting of Equity Appreciation Rights (“EARs”) granted under our EAR Plan and the remeasurement of the liability at each reporting period based on the then-current projection of our common stock equivalent value (as defined in the EAR Plan).
The Participant further agrees and acknowledges that (a) on and after the Effective Time, the Award and the EAR Plan shall be terminated and (b) such termination results in the termination of any and all rights that the Participant, its successors, assigns or devisees have or had pursuant to the Award and the EAR Plan.
The Participant agrees that, upon payment of the amounts specified herein, the Company, WNR and WRLP shall each have fully and completely discharged any and all obligations to the Participant in connection with the EAR Plan, the Award and this Agreement.
In consideration for participation in the Plan in accordance with the terms of this Agreement, Participant hereby relinquishes (and the parties hereby terminate) all equity appreciation rights (the "Rights") granted to him under the Huntsman Equity Appreciation Rights Plan (the "EAR Plan"), together with any other rights he may have to any payment or benefit of any kind under the EAR Plan.
Notwithstanding anything in the Award, the EAR Plan or the First Amendment to the contrary, WRLP shall pay to the Participant the cash amount specified in paragraph 2 of the First Amendment on the earlier of (A) a date between the pricing of the Common Stock in the IPO (the “Pricing Date”) and prior to the Effective Time, and (B) March 15, 2006.
All outstanding EARs under the EAR Plan vested as of December 31, 2015.
To the extent of any inconsistency between the terms set forth herein and those set forth in the EAR Plan, the Award or the First Amendment, the terms set forth herein shall prevail.