Superseding Agreement definition

Superseding Agreement means the Adobe Systems Incorporated Executive Severance Plan in the Event of a Change of Control and/or the individual written retention agreement in effect on the Grant Date between the Company and the Participant, to the extent applicable to the Participant.
Superseding Agreement means the Adobe Systems Incorporated Executive Severance Plan in the Event of a Change in Control or any successor plan or agreement in which the Participant is a participant or to which the Participant is a party (in each such instance, the “Severance Plan”), or any agreement to which the Participant is a party which, by its existence alone, prevents the Participant from being eligible to participate in the Severance Plan. The terms and conditions of any such Superseding Agreement shall, notwithstanding any provision of this Option Agreement to the contrary, supersede any inconsistent term or condition set forth in this Option Agreement to the extent intended by such Superseding Agreement.
Superseding Agreement. [Employment Agreement, dated , between the Company and the Participant.] By their signatures below or by electronic acceptance or authentication in a form authorized by the Company, the Company and the Participant agree that the Option is governed by this Notice of Grant and by the provisions of the Option Agreement and the Plan, both of which are made a part of this document, and by the Superseding Agreement, if any. The Participant acknowledges that copies of the Plan, the Option Agreement and the prospectus for the Plan are available on the Company’s internal web site and may be viewed and printed by the Participant for attachment to the Participant’s copy of this Notice of Grant. The Participant represents that the Participant has read and is familiar with the provisions of the Option Agreement and the Plan, and hereby accepts the Option subject to all of their terms and conditions. GREENWOOD HALL, INC. PARTICIPANT By: [Name] Signature [Title] Date Address: 1936 Exxx Xxxxx Xxx., Xxxxx 000 Santa Ana, California 92705 Address ATTACHMENTS: 2014 Stock Plan, as amended to the Date of Grant; Stock Option Agreement; Exercise Notice; and Plan Prospectus Exhibit 10.4 - Form of Stock Option Award Agreement under the 2014 Stock Option Plan GREENWOOD HALL, INC. STOCK OPTION AGREEMENT Greenwood Hall, Inc. (the “Company”) has granted to the Participant named in the Notice of Grant of Stock Option (the “Notice of Grant”) to which this Stock Option Agreement (the “Option Agreement”) is attached an option (the “Option”) to purchase certain shares of Stock upon the terms and conditions set forth in the Notice of Grant and this Option Agreement. The Option has been granted pursuant to and shall in all respects be subject to the terms and conditions of the Greenwood Hall, Inc. 2014 Stock Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Notice of Grant, the Participant: (a) acknowledges receipt of, and represents that the Participant has read and is familiar with, the Notice of Grant, this Option Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of shares issuable pursuant to the Option (the “Plan Prospectus”), (b) accepts the Option subject to all of the terms and conditions of the Notice of Grant, this Option Agreement and the Plan and (c) agrees to accept as binding, conclusive and final all decisions or...

Examples of Superseding Agreement in a sentence

  • The Grant Notice, this Agreement and the Plan, together with the Superseding Agreement, if any, shall constitute the entire understanding and agreement of the Participant and the Participating Company Group with respect to the subject matter contained herein or therein and supersede any prior agreements, understandings, restrictions, representations, or warranties among the Participant and the Participating Company Group with respect to such subject matter.

  • For each of the 20 subjects, the percentage of “ba” responses for the McGurk target is displayed in the C, P, T, and PT contexts.

  • The Grant Notice, this Option Agreement and the Plan, together with the Superseding Agreement, if any, shall constitute the entire understanding and agreement of the Participant and the Participating Company Group with respect to the subject matter contained herein and supersede any prior agreements, understandings, restrictions, representations, or warranties among the Participant and the Participating Company Group with respect to such subject matter.

  • That preservation concern carried over to the Superseding Agreement.

  • Except to the extent otherwise provided by the Superseding Agreement, if any, in the event that the Participant’s Service terminates for any reason or no reason, with or without cause, the Participant shall forfeit and the Company shall automatically reacquire all Units which are not, as of the time of such termination, Vested Units (“Unvested Units”), and the Participant shall not be entitled to any payment therefor (the “Company Reacquisition Right”).

  • In August 2020, the Company paid AUD $25,000 and a success fee of AUD $55,000 to the vendors of eleven exploration licenses acquired under the Superseding Agreement described in Note 5(b).

  • Con Edison requests that the Commission waive the Prior Notice requirement with respect to the Superseding Agreement to the extent of allowing it to become effective on that date.

  • The compensation that NYPA pays to Con Edison is limited to reimbursement of Con Edison’s costs: 2 Indeed, Con Edison consulted the Commission Staff as to whether Con Edison was required to file the Superseding Agreement.

  • Using PDSA cycles enables you to test out changes before wholesale implementation and gives stakeholders the opportunity to see if the proposed change will work.

  • Granting the requested waiver would not affect other persons because NYPA is the only customer under the Superseding Agreement, and the agreement is sui generis.


More Definitions of Superseding Agreement

Superseding Agreement. [None] [Name of applicable agreement] The terms and conditions of the foregoing Superseding Agreement (if any) to which the Participant is a party shall, notwithstanding any provision of the Restricted Stock Agreement to the contrary, supersede any inconsistent term or condition set forth in the Restricted Stock Agreement to the extent intended by such Superseding Agreement. By their signatures below or by electronic acceptance or authentication in a form authorized by the Company, the Company and the Participant agree that the Award is governed by this Grant Notice and by the provisions of the Plan and the Restricted Stock Agreement, both of which are made part of this document. The Participant represents that the Participant has read and is familiar with the provisions of the Plan and the Restricted Stock Agreement, and hereby accepts the Award subject to all of their terms and conditions. THE ACTIVE NETWORK, INC. PARTICIPANT By: [officer name] Signature [officer title] Date Address: Address
Superseding Agreement means the agreement for acquisition of the Tenements made between the parties and signed on 1st of July 2018. Statement means, for a Quarter, a statement setting out in reasonable detail:
Superseding Agreement. SELECT: [None] or [Trident Microsystems, Inc. Executive Retention and Severance Plan, as amended from time to time] By their signatures below or by electronic acceptance or authentication in a form authorized by the Company, the Company and the Participant agree that the Award is governed by this Grant Notice, the Relative Total Stockholder Return Performance Share Agreement and by the provisions of the Plan, both of which are made a part of this document. The Participant acknowledges that copies of the Plan, Relative Total Stockholder Return Performance Share Agreement and the prospectus for the Plan are available on the Company’s internal web site or by accessing the Trident Microsystems, Inc. employee stock plans page on the E*TRADE web site and may be viewed and printed by the Participant for attachment to the Participant’s copy of this Grant Notice. The Participant represents that the Participant has read and is familiar with the provisions of the Plan and the Total Stockholder Return Performance Share Agreement, and hereby accepts the Award subject to all of their terms and conditions. TRIDENT MICROSYSTEMS, INC. PARTICIPANT By: Xxxxx X. Xxxxxxxxx Signature Executive VP, General Counsel & Corporate Secretary Date Address: 0000 Xxxxx Xxxx Sunnyvale, California 94086 Address ATTACHMENTS: Appendix A — Illustration of Relative Return Factor and Resulting Number of Earned Performance Shares Appendix B — Illustration of Computation of Earned Performance Shares 2010 Equity Incentive Plan, as amended to the Date of Grant Relative Total Stockholder Return Performance Share Agreement (for U.S. Participant) Plan Prospectus APPENDIX A ILLUSTRATION OF RELATIVE RETURN FACTOR AND RESULTING NUMBER OF EARNED UNITS Earned Performance Shares Relative Return (Per 1,000 Target Company Percentile Rank Factor Performance Shares) Maximum 75% - 100 % 200.0000 % 2,000 70 % 180.0000 % 1,800 65 % 160.0000 % 1,600 60 % 140.0000 % 1,400 55 % 120.0000 % 1,200 54 % 116.0000 % 1,160 53 % 112.0000 % 1,120 52 % 108.0000 % 1,080 51 % 104.0000 % 1,040 Target 50 % 100.0000 % 1,000 49 % 95.0000 % 950 48 % 90.0000 % 900 47 % 85.0000 % 850 46 % 80.0000 % 800 45 % 75.0000 % 750 Threshold 40 % 50.0000 % 500 0% - <40 % 0.00 % 0 APPENDIX B ILLUSTRATION OF CALCULATION OF EARNED PERFORMANCE SHARES PER 1,000 TARGET PERFORMANCE SHARES Assumes Company Total Stockholder Return results in a hypothetical Percentile Rank of 67.0000% Assumptions: TRID: Average Per Share Closing Price (beginning 60 day per...
Superseding Agreement. [None] [Name of applicable agreement] The terms and conditions of the foregoing Superseding Agreement (if any) to which the Participant is a party shall, notwithstanding any provision of the Option Agreement to the contrary, supersede any inconsistent term or condition set forth in the Option Agreement to the extent intended by such Superseding Agreement. By their signatures below or by electronic acceptance or authentication in a form authorized by the Company, the Company and the Participant agree that the Option is governed by this Grant Notice and by the provisions of the Plan and the Option Agreement, both of which are made a part of this document. The Participant represents that the Participant has read and is familiar with the provisions of the Plan and the Option Agreement, and hereby accepts the Option subject to all of their terms and conditions. SELECTICA, INC. PARTICIPANT By: [officer name] Signature [officer title] Date Address: Address
Superseding Agreement. [None] [Title and Date of Employment Agreement] The terms and conditions of the Superseding Agreement shall, notwithstanding any provision of the Restricted Stock Units Agreement to the contrary, supersede any inconsistent term or condition set forth in the Restricted Stock Units Agreement to the extent intended by such Superseding Agreement. By their signatures below or by electronic acceptance or authentication in a form authorized by the Company, the Company and the Participant agree that the Award is governed by this Grant Notice and by the provisions of the Plan and the Restricted Stock Units Agreement, both of which are made a part of this document. The Participant represents that the Participant has read and is familiar with the provisions of the Plan and Restricted Stock Units Agreement, and hereby accepts the Award subject to all of their terms and conditions. SELECTICA, INC. PARTICIPANT By: [officer name] Signature [officer title] Date Address: Address
Superseding Agreement. The terms of the Severance Plan and any employment agreement or severance plan adopted by the Board after the Date of Grant in which Participant agrees to participate in shall be deemed a Superseding Agreement, and the terms set forth in such Superseding Agreement shall supersede and replace the defined terms set forth in this Award Agreement. Notwithstanding the foregoing, a Superseding Agreement cannot impair the rights of any Participant under an outstanding Award Agreement, unless mutually agreed otherwise between the Participant and the Administrator, which agreement must be in writing and signed by the Participant and the Company.

Related to Superseding Agreement

  • Amending Agreement means the Agreement of which a copy is set out in the Third Schedule to the Iron Ore (Hamersley Range) Agreement Xxx 0000 (which Agreement was approved by the Iron Ore (Hamersley Range) Agreement Act Amendment Act 1968);

  • Existing Agreement has the meaning set forth in the recitals hereto.

  • Netting agreement means a netting agreement, master netting agreement or other similar document having the same effect as a netting agreement or master netting agreement and, as applicable, any collateral annex, security agreement or other similar document related to any master netting agreement or Permitted Contract.

  • the Agreement means the agreement a copy of which is set out in the First Schedule to this Act and, except in section 3, includes that agreement as so altered from time to time in accordance with its provisions or by any agreement between the parties thereto approved by an Act; the Company has the same meaning as it in the Agreement;

  • Lock-Up Agreement means the Lock-Up Agreement, dated as of the date hereof, by and among the Company and the directors, officers and 5% stockholders of the Company, in the form of Exhibit C attached hereto.

  • Existing Agreements has the meaning as set forth in Section 3.2 hereof.

  • representation agreement means the written agreement between a money transfer service provider and a representative of the money transfer service provider that states the terms on which the representative offers the money transfer service within Australia;

  • Letter of Intent means the intimation by a letter / email / fax to the bidder that the tender has been accepted in accordance with provision contained in that letter. The responsibility of the contractor commences from the date of issue of this letter and all the terms and conditions of contract are applicable from this date.

  • WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

  • Seller's Agreement An agreement for the origination and sale of Mortgage Loans generally in the form of the Seller Contract referred to or contained in the Program Guide, or in such other form as has been approved by the Master Servicer and the Company, each containing representations and warranties in respect of one or more Mortgage Loans consistent in all material respects with those set forth in the Program Guide.

  • Previous Agreement has the meaning assigned to such term in the Recitals.

  • Letter of Intent (LOI means an intimation by a letter to Bidder that their Tender has been accepted in accordance with the provisions contained in the letter and hence to take preparatory steps and compliance of formalities to commence the work from the date desired by Owner.

  • Original Agreement has the meaning set forth in the recitals.

  • Appendices has the meaning ascribed to it in the recitals to the Agreement.

  • Confidentiality Agreement has the meaning set forth in Section 6.3.

  • Lock-Up Agreements means the lock-up agreements that are delivered on the date hereof by each of the Company’s officers and directors and each holder of Common Stock and Common Stock Equivalents holding, on a fully diluted basis, more than 5% of the Company’s issued and outstanding Common Stock, in the form of Exhibit A attached hereto.

  • Entire Agreement This Agreement, including the Enrollment form and/or Welcome letter and your Contract Summary, constitute the entire Agreement and understanding between you and XOOM with respect to its subject matter and superseding all prior written and oral Agreements and representations made with respect to the subject matter.

  • Reconstitution Agreement The agreement or agreements entered into by the Company and the Purchaser and/or certain third parties on the Reconstitution Date or Dates with respect to any or all of the Mortgage Loans serviced hereunder, in connection with a Whole Loan Transfer or Securitization Transaction.

  • Hire Agreement means every agreement between Access and the Hirer for the hire of Equipment (whether signed or not) including a Hire Docket, all of which will be deemed to include:

  • Alliance Agreement has the meaning given to such term in paragraph 11.2 of Schedule 13 (Information and Industry Initiatives);

  • Factoring Agreement means any factoring agreement by and between Borrower and/or any Restricted Subsidiary and a Factor.

  • SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures which is a part of the WTO Agreement; Subheading means the first six digits in the tariff classification number under the HS; Territory means:

  • Connection Agreement means an agreement entered into between a distributor and a person connected to its distribution system that delineates the conditions of the connection and delivery of electricity to or from that connection;

  • Substitution Agreement means the substitution agreement, substantially in the form set forth in the Schedules as entered into/ proposed to be entered into between the Authority, Developer, and the Lenders in relation to the substitution of the Developer with the Nominated Company in accordance with the Agreement;

  • Formation Agreement has the meaning attributed to it in Recital A;

  • Exhibits means the several exhibits referred to and identified in this Agreement.