Nonexclusivity of this Plan. Neither the adoption of this Plan by the Company nor its submission to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board or a committee thereof to adopt such other incentive arrangements as it may deem desirable, including incentive arrangements and awards which do not qualify under section 162(m) of the Code. Nothing contained in this Plan shall be construed to prevent the Company or any Subsidiary from taking any corporate action which is deemed by the Company or such Subsidiary to be appropriate or in its best interest, whether or not such action would have an adverse effect on this Plan or any Award made under this Plan. No employee, beneficiary or other Person shall have any claim against the Company or any Subsidiary as a result of any such action.
Nonexclusivity of thisthe Plan. Neither the adoption of thisthe Plan by the CompanyBoard nor its submission to the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board or a committee thereof to adopt such other incentive arrangements as it may deem desirable,desirable including incentive arrangements and awards which do not qualify under sectionSection 162(m) of the Code. Nothing contained in this Plan shall be construed to prevent the Company or any Subsidiary from taking any corporate action which is deemed by the Company or such Subsidiary to be appropriate or in its best interest, whether or not such action would have an adverse effect on this Plan or any Award made under this Plan. No employee, beneficiary or other Person shall have any claim against the Company or any Subsidiary as a result of any such action.
NonexclusivitySection # Non-exclusivity of thisthe Plan. Neither the adoption of this Plan by the CompanyBoard nor itsthe submission of this Plan to the stockholdersshareholders of the Company for approval shall be construed as creating any limitations on the power of the Board or a committee thereof to adopt such other incentive arrangements as it may deem desirable, including incentive arrangements and awards which do not qualify under section 162(m)including, without limitation, the granting of the Code. Nothing contained in this Plan shall be construed to prevent the Company or any Subsidiary from taking any corporate action which is deemed by the Company or such Subsidiary to be appropriate or in its best interest, whether or not such action would have an adverse effect on this Plan or any Award madestock options otherwise than under this Plan. No employee, beneficiaryPlan, and such arrangements may be either applicable generally or other Person shall have any claim againstonly in specific cases. For point of clarity, the Company or any Subsidiary as a result of any such action.Company’s 2006 Stock Incentive Award Plan is not affected by this Plan.
NonexclusivitySection # Non-exclusivity of this Plan. Neither the adoption of this Plan bynor the Company nor its submission of this Plan to the stockholdersshareholders of the Company for approval shall be construed as creating any limitations onupon the powerright and authority of the Board or a committee thereof to adopt such other incentive compensation arrangements (which arrangements may be applicable either generally to a class or classes of individuals or specifically to a particular individual or individuals) as it may deem desirable, including incentive arrangements and awards which do not qualify under section 162(m) of the Code. Nothing contained in this Plan shall be construed to prevent the Company or any Subsidiary from taking any corporate action which is deemed by the Company or such Subsidiary to be appropriate orBoard in its best interest, whether or not such action would have an adverse effect on this Plan or any Award madediscretion determines desirable, including, without limitation, the awarding of Grants other than under this Plan. No employee, beneficiary or other Person shall have any claim against the Company or any Subsidiary as a result of any such action.
Nonexclusivity of this Plan. Neither the adoption of thisthe Plan bynor the Company nor its submission of the Plan to the stockholdersshareholders of the Company for approval shall be construed as creating any limitations onupon the powerright and authority of the Board or a committee thereof to adopt such other incentive compensation arrangements (which arrangements may be applicable either generally to a class or classes of individuals or specifically to a particular individual or particular individuals) as it may deem desirable, including incentive arrangements and awards which do not qualify under section 162(m) of the Code. Nothing contained in this Plan shall be construed to prevent the Company or any Subsidiary from taking any corporate action which is deemed by the Company or such Subsidiary to be appropriate orBoard in its best interest, whether or not such action would have an adverse effect on this Plan or any Award made under this Plan. No employee, beneficiary or other Person shall have any claim against the Company or any Subsidiary as a result of any such action.discretion determines desirable.
NonexclusivityNon-Exclusivity of this Plan.Plan; Non-Uniform Determinations. Neither the adoption of this Plan by the CompanyBoard of Directors nor its submission tothe approval of this Plan by the stockholders of the Company for approval shall be construed as creating any limitations on the power of the Board or a committee thereofof Directors to adopt such other incentive arrangements as it may deem desirable, including incentive arrangements and awards which do not qualify under section 162(m)including, without limitation, the granting of the Code. Nothing contained in this Plan shall be construed to prevent the Company or any Subsidiary from taking any corporate action which is deemed by the Company or such Subsidiary to be appropriate or in its best interest, whether or not such action would have an adverse effect on this Plan or any Award madestock options otherwise than under this Plan. No employee, beneficiaryPlan, and such arrangements may be either applicable generally or other Person shall have any claim against the Company or any Subsidiary as a result of any such action.only in specific cases.
Nonexclusivity of this Plan. Neither the adoption of thisthe Plan by the CompanyBoard nor itsthe submission of the Plan to the stockholdersshareholders of the Company for approval shall be construed as creating any limitations on the power or authority of the Board or a committee thereof to adopt such other or additional incentive or other compensation arrangements of whatever nature as itthe Board may deem desirable, including incentive arrangements and awardsnecessary or desirable or preclude or limit the continuation of any other plan, practice or arrangement for the payment of compensation or fringe benefits to Employees or Consultants generally, or to any class or group of Employees or Consultants, which do not qualify under section 162(m) of the Code. Nothing contained in this Plan shall be construed to prevent the Company or any Subsidiary from takingAffiliated Entity now has lawfully put into effect, including, without limitation, any corporate action which is deemed by the Company or such Subsidiary to be appropriate or in its best interest, whether or not such action would have an adverse effect on this Plan or any Award made under this Plan. No employee, beneficiary or other Person shall have any claim against the Company or any Subsidiary as a result of any such action.retirement, pension, savings and stock purchase plan, insurance, death and disability benefits and executive short-term incentive plans.
NonexclusivityNon-Exclusivity of thisthe Plan. Neither theThe adoption of thisthe Plan by the Company nor its submission to the stockholders of the Company for approvalBoard shall not be construed as amending, modifying or rescinding any previously approved incentive arrangement or as creating any limitations on the power of the Board or a committee thereof to adopt such other incentive arrangements as it may deem desirable, including incentiveincluding, without limitation, the granting of stock options otherwise than under the Plan, and such arrangements and awards which do not qualify under section 162(m) of the Code. Nothing containedmay be either applicable generally or only in this Plan shall be construed to prevent the Company or any Subsidiary from taking any corporate action which is deemed by the Company or such Subsidiary to be appropriate or in its best interest, whether or not such action would have an adverse effect on this Plan or any Award made under this Plan. No employee, beneficiary or other Person shall have any claim against the Company or any Subsidiary as a result of any such action.specific cases.
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