Amendment or Termination Clause Example with 23 Variations from Business Contracts
This page contains Amendment or Termination clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Amendment or Termination. (a) The Administrator may at any time and for any reason terminate or amend the Plan. Except as otherwise provided in the Plan, no such termination can affect purchase rights previously granted under the Plan, provided that an Offering Period may be terminated by the Administrator on any Purchase Date if the Administrator determines that the termination of the Plan is in the best interests of the Company and its stockholders. Except as provided in Section 18 and this Section 19, no amendment may... make any change in any purchase right theretofore granted which adversely affects the rights of any participant. To the extent necessary to comply with Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation or stock exchange rule), the Company shall obtain stockholder approval in such a manner and to such a degree as required. (b) Without stockholder consent and without regard to whether any participant rights may be considered to have been "adversely affected," the Administrator shall be entitled to change the Offering Periods, limit the frequency and/or number of changes in the amount withheld during an Offering Period, establish the exchange ratio applicable to amounts withheld in a currency other than U.S. dollars, permit payroll withholding in excess of the amount designated by a participant in order to adjust for delays or mistakes in the Company's processing of properly completed withholding elections, establish reasonable waiting and adjustment periods and/or accounting and crediting procedures to ensure that amounts applied toward the purchase of Common Stock for each participant properly correspond with amounts withheld from the participant's Compensation, and establish such other limitations or procedures as the Administrator determines in its sole discretion advisable which are consistent with the Plan. (c) In the event the Administrator determines that the ongoing operation of the Plan may result in unfavorable financial accounting consequences, the Board may, in its discretion and, to the extent necessary or desirable, modify or amend the Plan to reduce or eliminate such accounting consequence including, but not limited to: (i) altering the Purchase Price for any Offering Period including an Offering Period underway at the time of the change in Purchase Price; (ii) shortening any Offering Period so that Offering Period ends on a new Purchase Date, including an Offering Period underway at the time of the Board action; and (iii) allocating shares. 8 Such modifications or amendments shall not require stockholder approval or the consent of any Plan participants.View More
Variations of a "Amendment or Termination" Clause from Business Contracts
Amendment or Termination. (a) The Administrator Board (or a committee of the Board) may at any time and for any reason terminate or amend the Plan. Except as otherwise provided in the Plan, Section 19, no such termination can affect purchase rights options previously granted under the Plan, granted, provided that an Offering Period may be terminated by the Administrator Board (or a committee of the Board) on any Purchase Exercise Date if the Administrator Board (or a committee of the Board) determines that the terminatio...n of the Offering Period or the Plan is in the best interests of the Company and its stockholders. Except as provided in Section 18 19 and this Section 19, 20, no amendment may make any change in any purchase right option theretofore granted which adversely affects the rights of any participant. Participant. To the extent necessary to comply with Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation or stock exchange rule), the Company shall obtain stockholder approval in such a manner and to such a degree as required. 9 (b) Without stockholder consent and without regard to whether any participant Participant rights may be considered to have been "adversely affected," the Administrator Board (or a committee of the Board) shall be entitled to change the Offering Periods, limit the frequency and/or number of changes in the amount withheld during an Offering Period, establish the exchange ratio applicable to amounts withheld in a currency other than U.S. dollars, permit payroll withholding in excess of the amount designated by a participant Participant in order to adjust for delays or mistakes in the Company's processing of properly completed withholding elections, establish reasonable waiting and adjustment periods and/or accounting and crediting procedures to ensure that amounts applied toward the purchase of Common Stock for each participant Participant properly correspond with amounts withheld from the participant's Participant's Compensation, and establish such other limitations or procedures as the Administrator Board (or a committee of the Board) determines in its sole discretion advisable which are consistent with the Plan. (c) In the event the Administrator Board (or a committee of the Board) determines that the ongoing operation of the Plan may result in unfavorable financial accounting consequences, the Board (or a committee of the Board) may, in its discretion and, to the extent necessary or desirable, modify or amend the Plan to reduce or eliminate such accounting consequence including, but not limited to: (i) altering the Purchase Price for any Offering Period including an Offering Period underway at the time of the change in Purchase Price; (ii) shortening any Offering Period so that Offering Period ends on a new Purchase Exercise Date, including an Offering Period underway at the time of the action of the Board action; (or a committee of the Board); and (iii) allocating shares. 8 Such modifications or amendments shall not require stockholder approval or the consent of any Plan participants. Participants. View More
Amendment or Termination. (a) The Administrator Committee, in its sole discretion, may amend, suspend, or terminate the Plan, or any part thereof, at any time and for any reason reason. If the Plan is terminated, the Committee, in its discretion, may elect to terminate all outstanding Offering Periods either immediately or amend upon completion of the Plan. Except as otherwise provided purchase of shares of Common Stock on the next Purchase Date (which may be sooner than originally scheduled, if determined by the Committ...ee in the Plan, no such termination can affect purchase rights previously granted under the Plan, provided that its discretion), or may elect to permit Offering Periods to expire in accordance with their terms (and subject to any adjustment pursuant to Section 14). If an Offering Period may is terminated prior to its previously-scheduled expiration, all amounts then credited to Participants' accounts for such Offering Period, which have not been used to purchase shares of Common Stock, shall be terminated by returned to those Participants (without interest thereon, except as otherwise required under local laws) as soon as administratively practicable. Further, the Administrator on any Purchase Date if the Administrator determines that the termination of the Plan is in the best interests of the Company and its stockholders. Except as provided in Section 18 and this Section 19, no amendment may make any change in any purchase right theretofore granted which adversely affects the rights of any participant. To the extent necessary to comply with Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation or stock exchange rule), the Company shall obtain stockholder approval in such a manner and to such a degree as required. (b) Without stockholder consent and without regard to whether any participant rights may be considered to have been "adversely affected," the Administrator shall Committee will be entitled to establish rules to change the Purchase Periods and Offering Periods, limit the frequency and/or number of changes in 10 the amount withheld contributed during a Purchase Period or an Offering Period, establish the exchange ratio applicable to amounts withheld contributed in a currency other than U.S. dollars, permit payroll withholding in excess of the amount designated by a participant Participant in order to adjust for delays or mistakes in the Company's processing administration of properly completed withholding elections, the Plan, establish reasonable waiting and adjustment periods and/or accounting and crediting procedures to ensure that amounts applied toward the purchase of Common Stock for each participant Participant properly correspond with amounts withheld contributed from the participant's Compensation, Participant's base salary or regular hourly wages, and establish such other limitations or procedures as the Administrator Committee determines in its sole discretion advisable which are consistent with the Plan. (c) Such actions will not require stockholder approval or the consent of any Participants. However, no amendment shall be made without approval of the stockholders of the Company (obtained in accordance with Section 21 above) within twelve (12) months of the adoption of such amendment (or earlier if required by Section 21) if such amendment would: (a) increase the number of shares that may be issued under this Plan; or (b) change the designation of the employees (or class of employees) eligible for participation in this Plan. In addition, in the event the Administrator Committee determines that the ongoing operation of the Plan may result in unfavorable financial accounting consequences, the Board Committee may, in its discretion and, to the extent necessary or desirable, modify modify, amend or amend terminate the Plan to reduce or eliminate such accounting consequence consequences including, but not limited to: (i) amending the definition of compensation, including with respect to an Offering Period underway at the time; (ii) altering the Purchase Price for any Offering Period including an Offering Period underway at the time of the change in Purchase Price; (ii) (iii) shortening any Offering Period so that Offering Period ends on by setting a new Purchase Date, including an Offering Period underway at the time of the Board Committee action; (iv) reducing the maximum percentage of compensation a participant may elect to set aside as payroll deductions; and (iii) allocating shares. 8 (v) reducing the maximum number of shares of Common Stock a Participant may purchase during any Offering Period. Such modifications or amendments shall will not require stockholder approval of the stockholders of the Company or the consent of any Plan participants. Participants. View More
Amendment or Termination. (a) The Administrator Committee, in its sole discretion, may amend, suspend, or terminate the Plan, or any part thereof, at any time and for any reason reason. Unless otherwise required by applicable law, if the Plan is terminated, the Committee, in its discretion, may elect to terminate all outstanding Offering Periods either immediately or amend upon completion of the Plan. Except as otherwise provided purchase of shares of Common Stock on the next Purchase Date (which may be sooner than origi...nally scheduled, if determined by the Committee in the Plan, no such termination can affect purchase rights previously granted under the Plan, provided that its discretion), or may elect to permit Offering Periods to expire in accordance with their terms (and subject to any adjustment pursuant to Section 14). If an Offering Period may is terminated prior to its previously-scheduled expiration, all amounts then credited to Participants' accounts for such Offering Period, which have not been used to purchase shares of Common Stock, shall be terminated by returned to those Participants (without interest thereon, except as otherwise required under local laws) as soon as administratively practicable. Further, the Administrator on any Purchase Date if the Administrator determines that the termination of the Plan is in the best interests of the Company and its stockholders. Except as provided in Section 18 and this Section 19, no amendment may make any change in any purchase right theretofore granted which adversely affects the rights of any participant. To the extent necessary to comply with Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation or stock exchange rule), the Company shall obtain stockholder approval in such a manner and to such a degree as required. (b) Without stockholder consent and without regard to whether any participant rights may be considered to have been "adversely affected," the Administrator shall Committee will be entitled to change the Purchase Periods and Offering Periods, limit the frequency and/or number of changes in the amount withheld contributed during an Offering Period, establish the exchange ratio applicable to amounts withheld contributed in a currency other than U.S. dollars, permit payroll withholding in excess of the amount designated by a participant Participant in order to adjust for delays or mistakes in the Company's processing administration of properly completed withholding elections, the Plan, establish reasonable waiting and adjustment periods and/or accounting and crediting procedures to ensure that amounts applied toward the purchase of Common Stock for each participant Participant properly correspond with amounts withheld contributed from the participant's Compensation, Participant's base salary and other eligible compensation, and establish such other limitations or procedures as the Administrator Committee determines in its sole discretion advisable which are consistent with the Plan. (c) Such actions will not require stockholder approval or the consent of any Participants. However, no amendment shall be made without approval of the stockholders of the Company (obtained in accordance with Section 21 above) within twelve (12) months of the adoption of such amendment (or earlier if required by Section 21) if such amendment would: (a) increase the number of shares that may be issued under this Plan; or (b) change the designation of the employees (or class of employees) eligible for participation in this Plan. In addition, in the event the Administrator Board or Committee determines that the ongoing operation of the Plan may result in unfavorable financial accounting consequences, the Board or Committee may, in its discretion and, to the extent necessary or desirable, modify modify, amend or amend terminate the Plan to reduce or eliminate such accounting consequence consequences including, but not limited to: (i) amending the definition of compensation, including with respect to an Offering Period underway at the time; (ii) altering the Purchase Price for any Offering Period including an Offering Period underway at the time of the change in Purchase Price; (ii) (iii) shortening any Offering Period so that Offering Period ends on by setting a new Purchase Date, including an Offering Period underway at the time of the Board Committee's action; (iv) reducing the maximum percentage of Compensation a participant may elect to set aside as Contributions; and (iii) allocating shares. 8 (v) reducing the maximum number of shares a Participant may purchase during any Offering Period. Such modifications or amendments shall will not require stockholder approval of the stockholders of the Company or the consent of any Plan participants. Participants. View More
Amendment or Termination. (a) The Administrator may at any time and for any reason terminate or amend the Plan. Except as otherwise provided in the Plan, Section 18, no such termination can adversely affect purchase rights Options previously granted under the Plan, granted, provided that an Offering Period the Plan or any one or more Offer Periods then in effect may be terminated by the Administrator on any Exercise Date or by the Administrator establishing a new Exercise Date with respect to any Offer Period and/or Purc...hase Date Period then in progress if the Administrator determines that the termination of the Plan or one or more Offer Periods is in the 11 best interests of the Company and its stockholders. Except as provided in Section 18 and this Section 19, no amendment may make any change in any purchase right Option theretofore granted which adversely affects the rights of any participant. Participant without the consent of affected Participants. To the extent necessary to comply with Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation or stock exchange rule), Applicable Law), the Company shall will obtain stockholder approval of any amendment in such a manner and to such a degree as required. (b) Without stockholder consent and without regard to whether any participant Participant rights may be considered to have been "adversely affected," the Administrator shall will be entitled to change the Offering Periods, limit the frequency and/or number of changes in the amount withheld during an Offering Offer Periods, change the length of Purchase Periods within any Offer Period, determine the length of any future Offer Period, determine whether future Offer Periods will be consecutive or overlapping, establish the exchange ratio applicable to amounts withheld in a currency other than U.S. dollars, establish or change Plan or per Participant limits on share purchases, establish additional terms, conditions, rules or procedures to accommodate the rules or laws of applicable foreign jurisdictions, permit payroll withholding in excess of the amount designated by a participant Participant in order to adjust for delays or mistakes in the Company's processing of properly completed withholding elections, establish reasonable waiting and adjustment periods and/or accounting and crediting procedures to ensure that amounts applied toward the purchase of Common Stock for each participant Participant properly correspond with amounts withheld from the participant's Participant's Compensation, and establish such other limitations or procedures as the Administrator determines in its sole discretion advisable and which are consistent with the Plan. (c) In the event the Administrator determines that the ongoing operation of the Plan may result Plan, in unfavorable financial accounting consequences, the Board may, in its discretion and, each case to the extent necessary or desirable, modify or amend consistent with the Plan to reduce or eliminate such accounting consequence including, but not limited to: (i) altering the Purchase Price for any Offering Period including an Offering Period underway at the time requirements of the change in Purchase Price; (ii) shortening any Offering Period so that Offering Period ends on a new Purchase Date, including an Offering Period underway at the time of the Board action; Code Section 423 and (iii) allocating shares. 8 Such modifications or amendments shall not require stockholder approval or the consent of any Plan participants. other Applicable Laws. View More
Amendment or Termination. (a) The Administrator may at any time and for any reason terminate or amend the Plan. Except as otherwise provided in the Plan, Section 18, no such termination can adversely affect purchase rights Options previously granted under the Plan, granted, provided that an Offering Period the Plan or any one or more Offer Periods then in effect may be terminated by the Administrator on any Exercise Date or by the Administrator establishing a new Exercise Date with respect to any Offer Period and/or Purc...hase Date Period then in progress if the Administrator determines that the termination of the Plan or one or more Offer Periods is in the best interests of the Company and its stockholders. Except as provided in Section 18 and this Section 19, no amendment may make any change in any purchase right Option theretofore granted which adversely affects the rights of any participant. Participant without the consent of affected Participants. To the extent necessary to comply with Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation or stock exchange rule), Applicable Law), the Company shall obtain stockholder approval of any amendment in such a manner and to such a degree as required. (b) Without stockholder consent and without regard to whether any participant Participant rights may be considered to have been "adversely affected," the Administrator shall be entitled to change the Offering Periods, limit the frequency and/or number of changes in the amount withheld during an Offering Offer Periods, change the length of Purchase Periods within any Offer Period, determine the length of any future Offer Period, determine whether future Offer Periods shall be consecutive or overlapping, establish the exchange ratio applicable to amounts withheld in a currency other than U.S. dollars, establish or change Plan or per Participant limits on share purchases, establish additional terms, conditions, rules or procedures to accommodate the rules or laws of applicable foreign jurisdictions, permit payroll withholding in excess of the amount designated by a participant Participant in order to adjust for delays or mistakes in the Company's processing of properly completed withholding elections, establish reasonable waiting and adjustment periods and/or accounting and crediting procedures to ensure that amounts applied toward the purchase of Common Stock for each participant Participant properly correspond with amounts withheld from the participant's Participant's Compensation, and establish such other limitations or procedures as the Administrator determines in its sole discretion advisable and which are consistent with the Plan. (c) In the event the Administrator determines that the ongoing operation of the Plan may result Plan, in unfavorable financial accounting consequences, the Board may, in its discretion and, each case to the extent necessary or desirable, modify or amend consistent with the Plan to reduce or eliminate such accounting consequence including, but not limited to: (i) altering the Purchase Price for any Offering Period including an Offering Period underway at the time requirements of the change in Purchase Price; (ii) shortening any Offering Period so that Offering Period ends on a new Purchase Date, including an Offering Period underway at the time of the Board action; Code Section 423 and (iii) allocating shares. 8 Such modifications or amendments shall not require stockholder approval or the consent of any Plan participants. other Applicable Laws. View More
Amendment or Termination. (a) The Administrator Administrator, in its sole discretion, may amend, suspend, or terminate the Plan, or any part thereof, at any time and for any reason reason. If the Plan is terminated, the Administrator, in its discretion, may elect to terminate or amend the Plan. Except as otherwise provided in the Plan, no such termination can affect purchase rights previously granted under the Plan, provided that an outstanding Offering Period either immediately or upon completion of the purchase of sha...res of Common Stock on the next Exercise Date (which may be terminated sooner than originally scheduled, if determined by the Administrator on in its discretion), or may elect to permit the Offering Period to expire in accordance with its terms (and subject to any Purchase Date if adjustment pursuant to Section 19). If the Administrator determines Offering Period is terminated prior to expiration, all amounts then credited to Participants' accounts that have not been used to purchase shares of Common Stock will be returned to the termination of the Plan is in the best interests of the Company and its stockholders. Except Participants (without interest thereon, except as provided otherwise required under Applicable Laws, as further set forth in Section 18 and this Section 19, no amendment may make any change in any purchase right theretofore granted which adversely affects the rights of any participant. To the extent necessary to comply with Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation or stock exchange rule), the Company shall obtain stockholder approval in such a manner and to such a degree 12 hereof) as required. soon as administratively practicable. (b) Without stockholder Participant consent and without regard to whether any participant rights may be considered to have been "adversely affected," limiting Section 20(a), the Administrator shall will be entitled to change the Offering Periods, designate separate Offerings, limit the frequency and/or number of changes in the amount withheld during an Offering Period, establish the exchange ratio applicable to amounts withheld in a currency other than U.S. dollars, permit payroll withholding Contributions in excess of the amount designated by a participant Participant in order to adjust for delays or mistakes in the Company's processing of properly completed withholding Contribution elections, establish reasonable waiting and adjustment periods and/or accounting and crediting procedures to ensure that amounts applied toward the purchase of Common Stock for each participant Participant properly correspond with amounts withheld from the participant's Compensation, Contribution amounts, and establish such other limitations or procedures as the Administrator determines in its sole discretion advisable which that are consistent with the Plan. (c) In Without limiting the foregoing, in the event the Administrator determines that the ongoing operation of the Plan may result in unfavorable financial accounting consequences, the Board Administrator may, in its discretion and, to the extent necessary or desirable, modify modify, amend or amend terminate the Plan to reduce or eliminate such accounting consequence including, but not limited to: (i) amending the Plan to conform with the safe harbor definition under the Financial Accounting Standards Board Accounting Standards Codification Topic 718 (or any successor thereto), including with respect to an Offering Period underway at the time; (ii) altering the Purchase Price for any Offering Period including an Offering Period underway at the time of the change in Purchase Price; (ii) (iii) shortening any Offering Period so that Offering Period ends on by setting a new Purchase New Exercise Date, including an Offering Period underway at the time of the Board Administrator action; 10 (iv) reducing the maximum percentage of Compensation a Participant may elect to set aside as Contributions; and (iii) allocating shares. 8 (v) reducing the maximum number of Shares a Participant may purchase during any Offering Period. Such modifications or amendments shall will not require stockholder approval or the consent of any Plan participants. Participants. View More
Amendment or Termination. (a) The Administrator Administrator, in its sole discretion, may amend, suspend, or terminate the Plan, or any part thereof, at any time and for any reason reason. If the Plan is terminated, the Administrator, in its discretion, may elect to terminate all outstanding Offering Periods either immediately or amend upon completion of the Plan. Except as otherwise provided in purchase of shares of Common Stock on the Plan, no such termination can affect purchase rights previously granted under the Pl...an, provided that an Offering Period next Exercise Date (which may be terminated sooner than originally scheduled, if determined by the Administrator on in its discretion), or may elect to permit Offering Periods to expire in accordance with their terms (and subject to any Purchase Date if adjustment pursuant to Section 19). If the Administrator determines Offering Periods are terminated prior to expiration, all amounts then credited to Participants' accounts that have not been used to purchase shares of Common Stock will be returned to the termination of the Plan is in the best interests of the Company and its stockholders. Except Participants (without interest thereon, except as provided otherwise required under Applicable Laws, as further set forth in Section 18 and this Section 19, no amendment may make any change in any purchase right theretofore granted which adversely affects the rights of any participant. To the extent necessary to comply with Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation or stock exchange rule), the Company shall obtain stockholder approval in such a manner and to such a degree 12 hereof) as required. soon as administratively practicable. (b) Without stockholder consent and without regard to whether any participant rights may be considered to have been "adversely affected," limiting Section 20(a), the Administrator shall will be entitled to change the Offering Periods or Purchase Periods, designate separate Offerings, limit the frequency and/or number of changes in the amount withheld during an Offering Period, establish the exchange ratio applicable to amounts withheld in a currency other than U.S. dollars, permit payroll withholding Contributions in excess of the amount designated by a participant Participant in order to adjust for delays or mistakes in the Company's processing of properly completed withholding Contribution elections, establish reasonable waiting and adjustment periods and/or accounting and crediting procedures to ensure that amounts applied toward the purchase of Common Stock for each participant Participant properly correspond with amounts withheld from the participant's Compensation, Contribution amounts, and establish such other limitations or procedures as the Administrator determines in its sole discretion advisable which that are consistent with the Plan. 14 (c) In the event the Administrator determines that the ongoing operation of the Plan may result in unfavorable financial accounting consequences, the Board Administrator may, in its discretion and, to the extent necessary or desirable, modify modify, amend or amend terminate the Plan to reduce or eliminate such accounting consequence including, but not limited to: (i) amending the Plan to conform with the safe harbor definition under the Financial Accounting Standards Board Accounting Standards Codification Topic 718 (or any successor thereto), including with respect to an Offering Period underway at the time; (ii) altering the Purchase Price for any Offering Period or Purchase Period including an Offering Period or Purchase Period underway at the time of the change in Purchase Price; (ii) (iii) shortening any Offering Period so that Offering or Purchase Period ends on by setting a new Purchase New Exercise Date, including an Offering Period or Purchase Period underway at the time of the Board Administrator action; (iv) reducing the maximum percentage of Compensation a Participant may elect to set aside as Contributions; and (iii) allocating shares. 8 (v) reducing the maximum number of Shares a Participant may purchase during any Offering Period or Purchase Period. Such modifications or amendments shall will not require stockholder approval or the consent of any Plan participants. Participants. View More
Amendment or Termination. (a) The Administrator Administrator, in its sole discretion, may amend, suspend, or terminate the Plan, or any part thereof, at any time and for any reason reason. If the Plan is terminated, the Administrator, in its discretion, may elect to terminate all outstanding Offering Periods either immediately or amend upon completion of the Plan. Except as otherwise provided in purchase of shares of Common Stock on the Plan, no such termination can affect purchase rights previously granted under the Pl...an, provided that an Offering Period next Exercise Date (which may be terminated sooner than originally scheduled, if determined by the Administrator on in its discretion), or may elect to permit Offering Periods to expire in accordance with their terms (and subject to any Purchase Date if adjustment pursuant to Section 18). If the Administrator determines Offering Periods are terminated prior to expiration, all amounts then credited to Participants' accounts that have not been used to purchase shares of Common Stock will be returned to the termination of the Plan is in the best interests of the Company and its stockholders. Except Participants (without 13 interest thereon, except as provided otherwise required under Applicable Laws, as further set forth in Section 18 and this Section 19, no amendment may make any change in any purchase right theretofore granted which adversely affects the rights of any participant. To the extent necessary to comply with Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation or stock exchange rule), the Company shall obtain stockholder approval in such a manner and to such a degree 12 hereof) as required. soon as administratively practicable. (b) Without stockholder consent and without regard to whether any participant rights may be considered to have been "adversely affected," limiting Section 19(a), the Administrator shall will be entitled to change the Offering Periods or Purchase Periods, designate separate Offerings, limit the frequency and/or number of changes in the amount withheld during an Offering Period, establish the exchange ratio applicable to amounts withheld in a currency other than U.S. dollars, permit payroll withholding Contributions in excess of the amount designated by a participant Participant in order to adjust for delays or mistakes in the Company's processing of properly completed withholding Contribution elections, establish reasonable waiting and adjustment periods and/or accounting and crediting procedures to ensure that amounts applied toward the purchase of Common Stock for each participant Participant properly correspond with amounts withheld from the participant's Compensation, Contribution amounts, and establish such other limitations or procedures as the Administrator determines in its sole discretion advisable which that are consistent with the Plan. (c) In the event the Administrator determines that the ongoing operation of the Plan may result in unfavorable financial accounting consequences, the Board Administrator may, in its discretion and, to the extent necessary or desirable, modify modify, amend or amend terminate the Plan to reduce or eliminate such accounting consequence including, but not limited to: (i) amending the Plan to conform with the safe harbor definition under the Financial Accounting Standards Board Accounting Standards Codification Topic 718 (or any successor thereto), including with respect to an Offering Period underway at the time; (ii) altering the Purchase Price for any Offering Period or Purchase Period including an Offering Period or Purchase Period underway at the time of the change in Purchase Price; (ii) (iii) shortening any Offering Period so that Offering or Purchase Period ends on by setting a new Purchase New Exercise Date, including an Offering Period or Purchase Period underway at the time of the Board Administrator action; (iv) reducing the maximum percentage of Compensation a Participant may elect to set aside as Contributions; and (iii) allocating shares. 8 (v) reducing the maximum number of Shares a Participant may purchase during any Offering Period or Purchase Period. Such modifications or amendments shall will not require stockholder approval or the consent of any Plan participants. Participants. View More
Amendment or Termination. (a) The Administrator Administrator, in its sole discretion, may amend, suspend, or terminate the Plan, or any part thereof, at any time and for any reason reason. If the Plan is terminated, the Administrator, in its discretion, may elect to terminate all outstanding Offering Periods either immediately or amend upon completion of the Plan. Except as otherwise provided in purchase of shares of Common Stock on the Plan, no such termination can affect purchase rights previously granted under the Pl...an, provided that an Offering Period next Exercise Date (which may be terminated sooner than originally scheduled, if determined by the Administrator on in its discretion), or may elect to permit Offering Periods to expire in accordance with their terms (and subject to any Purchase Date if adjustment pursuant to Section 19). If the Administrator determines Offering Periods are terminated prior to expiration, all amounts then credited to Participants' accounts that have not been used to purchase shares of Common Stock will be returned to the termination of the Plan is in the best interests of the Company and its stockholders. Except Participants (without interest thereon, except as provided otherwise required under Applicable Laws, as further set forth in Section 18 and this Section 19, no amendment may make any change in any purchase right theretofore granted which adversely affects the rights of any participant. To the extent necessary to comply with Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation or stock exchange rule), the Company shall obtain stockholder approval in such a manner and to such a degree 12 hereof) as required. soon as administratively practicable. (b) Without stockholder consent and without regard to whether any participant rights may be considered to have been "adversely affected," limiting Section 20(a), the Administrator shall will be entitled to change the Offering Periods or Purchase Periods, designate separate Offerings, limit the frequency and/or number of changes in the amount withheld during an Offering Period, establish the exchange ratio applicable to amounts withheld in a currency other than U.S. dollars, permit payroll withholding Contributions in excess of the amount designated by a participant Participant in order to adjust for delays or mistakes in the Company's processing of properly completed withholding Contribution elections, establish reasonable waiting and adjustment periods and/or accounting and crediting procedures to ensure that amounts applied toward the purchase of Common Stock for each participant Participant properly correspond with amounts withheld from the participant's Compensation, Contribution amounts, and establish such other limitations or procedures as the Administrator determines in its sole discretion advisable which that are consistent with the Plan. (c) In the event the Administrator determines that the ongoing operation of the Plan may result in unfavorable financial accounting consequences, the Board Administrator may, in its discretion and, to the extent necessary or desirable, modify modify, amend or amend terminate the Plan to reduce or eliminate such accounting consequence including, but not limited to: (i) amending the Plan to conform with the safe harbor definition under the Financial Accounting Standards Board Accounting Standards Codification Topic 718 (or any successor thereto), including with respect to an Offering Period underway at the time; 14 (ii) altering the Purchase Price for any Offering Period or Purchase Period including an Offering Period or Purchase Period underway at the time of the change in Purchase Price; (ii) (iii) shortening any Offering Period so that Offering or Purchase Period ends on by setting a new Purchase New Exercise Date, including an Offering Period or Purchase Period underway at the time of the Board Administrator action; (iv) reducing the maximum percentage of Compensation a Participant may elect to set aside as Contributions; and (iii) allocating shares. 8 (v) reducing the maximum number of Shares a Participant may purchase during any Offering Period or Purchase Period. Such modifications or amendments shall will not require stockholder approval or the consent of any Plan participants. Participants. View More
Amendment or Termination. (a) The Administrator Administrator, in its sole discretion, may amend, suspend, or terminate the Plan, or any part thereof, at any time and for any reason reason. If the Plan is terminated, the Administrator, in its discretion, may elect to terminate all outstanding Offering Periods either immediately or amend upon completion of the Plan. Except as otherwise provided in purchase of shares of Common Stock on the Plan, no such termination can affect purchase rights previously granted under the Pl...an, provided that an Offering Period next Exercise Date (which may be terminated sooner than originally scheduled, if determined by the Administrator on in its discretion), or may elect to permit Offering Periods to 14 expire in accordance with their terms (and subject to any Purchase Date if adjustment pursuant to Section 18). If the Administrator determines Offering Periods are terminated prior to expiration, all amounts then credited to Participants' accounts that have not been used to purchase shares of Common Stock will be returned to the termination of the Plan is in the best interests of the Company and its stockholders. Except Participants (without interest thereon, except as provided otherwise required under Applicable Laws, as further set forth in Section 18 and this Section 19, no amendment may make any change in any purchase right theretofore granted which adversely affects the rights of any participant. To the extent necessary to comply with Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation or stock exchange rule), the Company shall obtain stockholder approval in such a manner and to such a degree 12 hereof) as required. soon as administratively practicable. (b) Without stockholder consent and without regard to whether any participant rights may be considered to have been "adversely affected," limiting Section 19(a), the Administrator shall will be entitled to change the Offering Periods or Purchase Periods, designate separate Offerings, limit the frequency and/or number of changes in the amount withheld during an Offering Period, establish the exchange ratio applicable to amounts withheld in a currency other than U.S. dollars, permit payroll withholding Contributions in excess of the amount designated by a participant Participant in order to adjust for delays or mistakes in the Company's processing of properly completed withholding Contribution elections, establish reasonable waiting and adjustment periods and/or accounting and crediting procedures to ensure that amounts applied toward the purchase of Common Stock for each participant Participant properly correspond with amounts withheld from the participant's Compensation, Contribution amounts, and establish such other limitations or procedures as the Administrator determines in its sole discretion advisable which that are consistent with the Plan. (c) In the event the Administrator determines that the ongoing operation of the Plan may result in unfavorable financial accounting consequences, the Board Administrator may, in its discretion and, to the extent necessary or desirable, modify modify, amend or amend terminate the Plan to reduce or eliminate such accounting consequence including, but not limited to: (i) amending the Plan to conform with the safe harbor definition under the Financial Accounting Standards Board Accounting Standards Codification Topic 718 (or any successor thereto), including with respect to an Offering Period underway at the time; (ii) altering the Purchase Price for any Offering Period or Purchase Period including an Offering Period or Purchase Period underway at the time of the change in Purchase Price; (ii) (iii) shortening any Offering Period so that Offering or Purchase Period ends on by setting a new Purchase New Exercise Date, including an Offering Period or Purchase Period underway at the time of the Board Administrator action; (iv) reducing the maximum percentage of Compensation a Participant may elect to set aside as Contributions; and (iii) allocating shares. 8 (v) reducing the maximum number of Shares a Participant may purchase during any Offering Period or Purchase Period. Such modifications or amendments shall will not require stockholder approval or the consent of any Plan participants. Participants. View More
