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 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; (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; (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 of Common Stock 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 Participants. 21. Notices. All notices or other communications by a Participant to the Company under or in connection with the Plan participants. will be deemed to have been duly given when received in the form and manner specified by the Company at the location, or by the person, designated by the Company for the receipt thereof. 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, 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 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; (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, 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 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; (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 Board may at any time and for any reason terminate or amend the Plan. Except as otherwise provided in the Plan, Sections 13(b) and 18, no such termination can of the Plan may affect purchase rights options previously granted under the Plan, granted, provided that the Plan or an Offering Period may be terminated by the Administrator Board on any a Purchase Date or by the Board's setting a new Purchase Date with respect to an Offering Period then in progress if the Administra...tor Board determines that the termination of the Plan and/or the Offering Period is in the best interests of the Company and its stockholders. the stockholders or if continuation of the Plan and/or the Offering Period would cause the Company to incur adverse accounting charges as a result of a change after the effective date of the Plan in the generally accepted accounting rules applicable to the Plan. Except as provided in Section 18 and in this Section 19, no amendment may to the Plan shall make any change in any purchase right theretofore option previously granted which adversely affects the rights of any participant. To participant without such participant's written consent. In addition, to the extent necessary to comply with the requirements of Rule 16b-3 under the Exchange Act, Section 423 of the Code (or any successor rule or provision or any other applicable law, regulation law or regulation) or any stock exchange rule), on which the Shares are then listed, the Company shall obtain stockholder approval in such a manner and to such a degree as so required. (b) Without stockholder consent and without regard to whether any participant rights may be considered to have been "adversely affected," adversely affected, the Administrator 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 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 Shares for each participant properly correspond with amounts withheld from the participant's Compensation, and establish such other limitations or procedures as the Administrator Board 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
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 local 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 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 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. -13- (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 that Offering Periods are terminated prior to expiration, all amounts then credited to Participants' accounts which 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 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 otherwise required under local laws) 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, 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 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 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 Financial Accounting Standards Board Accounting Standards Codification Topic 718, 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; (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 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 Board may at any time and for any reason terminate or amend the Plan. Except as otherwise provided in the Plan, Section 18 hereof, 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 on any Purchase Exercise Date if the Administrator Board 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, hereof, no amendment may make any change in any purchase right option 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 or Purchase Periods, limit the frequency and/or number of changes in the amount withheld during an Offering Period, 6 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
Amendment or Termination. (a) The Administrator Board may at any time and for any reason terminate or amend the Plan. Except as otherwise provided in Section 19 of the Plan, no such termination can shall affect purchase rights options previously granted under the Plan, provided granted; provided, however, that an Offering Period may be terminated by the Administrator on any Purchase Date Board if the Administrator Board determines that the termination of the Offering Period or the Plan is in the best interests of the Com...pany and its stockholders. shareholders. Except as provided in Section 18 19 of the Plan 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 without the consent of such 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 regulation, or stock exchange rule), the Company shall obtain stockholder shareholder approval of any amendment in such a manner and to such a degree as required. (b) Without stockholder consent shareholder approval and without regard to whether any participant Participant's rights may be considered to have been "adversely affected," the Administrator Committee shall be entitled to change the Offering Periods, Periods (but in no event may an Offering Period have a duration in excess of twenty seven (27) months), 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 Shares 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 Committee determines in its sole discretion advisable which are consistent with the Plan. 10 (c) In the event the Administrator Board 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 modify, or amend the Plan to reduce or eliminate such financial accounting consequence consequences, 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 the Offering Period ends on a new Purchase Exercise Date, including an Offering Period underway at the time of the Board Committee action; and (iii) allocating shares. 8 Shares. Such modifications or amendments shall not require stockholder shareholder approval or the consent of any Plan participants. Participants. View More
Amendment or Termination. (a) The Administrator Board may at any time and for any reason terminate or amend the Plan. Except as otherwise provided in Section 19 of the Plan, Plan and this Section 20, no amendment or termination of the Plan may make any change in any Option theretofore granted which adversely affects the rights of any Participant without the consent of such termination can affect purchase rights previously granted under the Plan, provided Participant; provided, however, that an Offering Period may be term...inated by the Administrator on any Purchase Date Board if the Administrator Board determines that the termination of the Offering Period or 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 regulation, or stock exchange rule), the Company shall obtain stockholder approval of any amendment in such a manner and to such a degree as required. (b) Without stockholder consent approval and without regard to whether any participant Participant's rights may be considered to have been "adversely affected," the Administrator Committee shall be entitled to change the Offering Periods, Periods (but in no event may an Offering Period have a duration in excess of twenty seven (27) months), 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 Shares 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 Committee determines in its sole discretion advisable which are consistent with the Plan. (c) Upon termination of the Plan, the balance in each Participant's account under the Plan shall be refunded as soon as practicable after such termination, without any interest thereon. (d) In the event the Administrator Board 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 modify, or amend the Plan to reduce or eliminate such financial accounting consequence consequences, including, but not limited to: 10 (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 the Offering Period ends on a new Purchase Exercise Date, including an Offering Period underway at the time of the Board Committee action; and (iii) allocating shares. 8 Shares. Such modifications or amendments shall not require stockholder approval or the consent of any Plan participants. Participants. View More
