References Contract Clauses (603)

References. (a) All references to the "Trust Agreement" (including "hereof," "herein," "hereunder," "hereby" and "this Agreement") in the Trust Agreement shall refer to the Trust Agreement as amended by this Amendment Agreement. Notwithstanding the foregoing, references to the date of the Trust Agreement (as amended hereby) and references in the Trust Agreement to "the date hereof," "the date of this Trust Agreement" and terms of similar import shall in all instances continue to refer to March 1, 2021. (b) ...All references to the "amended and restated certificate of incorporation" in the Trust Agreement (as amended by this Amendment Agreement) and terms of similar import shall mean the Restated Certificate. View More

References. All references in the Credit Agreement to "this Agreement" shall be deemed to refer to the Credit Agreement as amended hereby, and any and all references in the Loan Documents to the "Credit Agreement" shall be deemed to refer to the Credit Agreement as amended hereby.

References. All references in any of the Loan Documents to the "Credit Agreement" shall mean the Credit Agreement, as amended hereby and as further amended, modified, supplemented, restated, or amended and restated from time to time.

References. References herein to rights and obligations of the Employee shall apply, where appropriate, to the Employee's legal representative or estate without regard to whether specific reference to such legal representative or estate is contained in a particular provision of this Agreement.

References. All references in the Loan Agreement to "this Agreement" shall be deemed to refer to the Loan Agreement as amended hereby; and any and all references in the other Loan Documents to the Loan Agreement shall be deemed to refer to the Loan Agreement as amended hereby.

References. The words "this Instrument," "herein," "hereof," "hereby," "hereunder" and words of similar import refer to this Instrument as a whole and not to any particular subdivision unless expressly so limited. Whenever the words "include," "includes" and "including" are used in this Instrument, such words shall be deemed to be followed by the words "without limitation." 17. Unfunded Awards. The awards made under this Instrument are unfunded and unsecured obligations and rights to provide or receive comp...ensation in accordance with the provisions hereof, and to the extent that Employee acquires a right to receive compensation from the Company or an affiliate pursuant to this Instrument, such right shall be no greater than the right of any unsecured general creditor of the Company or such affiliate. View More

References. Each reference in the Merger Agreement to "this Agreement," "hereof," "hereunder," "herein," "hereby" or words of like import referring to the Merger Agreement shall mean and be a reference to the Merger Agreement as amended by this Amendment. Notwithstanding the foregoing, all references in the Merger Agreement, the Company Disclosure Letter and the Parent Disclosure Letter to "the date hereof" or "the date of this Agreement" shall refer to June 19, 2017.

References. Each reference in the Agreement to "this Agreement," "hereof," "hereunder" or words of like import referring to the Agreement, shall mean and be a reference to the Agreement as amended by this Amendment.

References. References herein to rights and obligations of the Participant shall apply, where appropriate, to the Participant's legal representative or estate without regard to whether specific reference to such legal representative or estate is contained in a particular provision of this Agreement. 4 EX-10.34 10 d39510dex1034.htm EX-10.34 EX-10.34 Exhibit 10.34 KNOWLTON DEVELOPMENT CORPORATION, INC. 2021 OMNIBUS INCENTIVE PLAN NOTICE OF RSU AWARD – CANADIAN PARTICIPANTS (DIRECTORS) Except as otherwise indi...cated, any capitalized term used but not defined in this Notice of RSU Award (this "Notice") shall have the meaning ascribed to such term in the Knowlton Development Corporation, Inc. 2021 Omnibus Incentive Plan (as it may be amended from time to time, the "Plan"). You (the "Participant") have been granted an Award of RSUs (the "Award") under the Plan, subject to the terms and conditions of the Plan, this Notice and the attached RSU Agreement (this Notice and the attached RSU Agreement, collectively, the "Award Agreement"). Name: [●] Number of RSUs: [●] Date of Grant: [●] Vesting Schedule: Subject to Section 2 of the RSU Agreement, the Award will vest in accordance with the following schedule: [●] The Company, by its duly authorized officer, and the Participant have executed this Notice as of the Date of Grant. KNOWLTON DEVELOPMENT CORPORATION, INC. By: Name: Title: The undersigned Participant acknowledges receipt of, and understands and agrees to, this Notice, the Agreement and the Plan. By accepting and executing this Notice, the undersigned Participant acknowledges that in the event of a Termination of Service for any reason, (i) there will be no further RSUs granted after the date on which the Termination of Service occurs; (ii) except for the Participant's Termination of Service due to death or Disability, no RSUs will vest after the date on which the Termination of Service occurs, and (iii) the undersigned Participant waives, and agrees that he/she will not be entitled to any damages or compensation arising from or related to not receiving any forfeited entitlements under the Award Agreement, including in respect of any RSUs which may have been granted or have vested after the date on which the Termination of Service occurs. 1 For certainty, by accepting and executing this Notice, the undersigned Participant represents, warrants and acknowledges that he/she has read and understood the terms and conditions of the Notice, the Agreement and the Plan which: (i) state that he/she shall have no entitlement to damages or other compensation whatsoever arising from, in lieu of, or related to not receiving any compensation which would have been granted or payable after the date on which the Termination of Service occurs, including but not limited to damages in lieu of notice at common law, civil law, contract or further to a judgment rendered by a tribunal of competent jurisdiction; and (ii) have the effect that, as applicable, no notice period corresponding to a notice of termination of employment or engagement or payment in lieu of any notice of termination of employment or engagement, shall be used for the purposes of calculating his/her entitlement under this Award Agreement. By accepting and executing this Notice, the undersigned Participant expressly waives any eligibility or entitlement to receive damages or payment in lieu of any forfeited amounts under the Award Agreement that would have vested, accrued or been paid during any notice period corresponding to a notice of termination of employment or engagement. The parties have expressly required that this Notice, the Agreement and the Plan be drafted in the English language. Les parties ont expressément exigé que le présent avis, le Contrat et la Plan soient rédigés en langue anglaise. PARTICIPANT By: [●] 2 KNOWLTON DEVELOPMENT CORPORATION, INC. 2021 OMNIBUS INCENTIVE PLAN RSU AGREEMENT – CANADIAN PARTICIPANTS (OTHER THAN DIRECTORS) The Participant named in the attached Notice of RSU Award (the "Notice") has been granted an Award of RSUs (the "Award") pursuant to the Knowlton Development Corporation, Inc. 2021 Omnibus Incentive Plan (as it may be amended from time to time, the "Plan"), the Notice and this RSU Agreement (this "Agreement"), dated as of [●], 202[●], between the Participant and Knowlton Development Corporation, Inc. (the "Company"). Except as otherwise indicated, any capitalized term used but not defined herein shall have the meaning ascribed to such term in the Plan. View More

References. All references to the Merger Agreement (including "hereof," "herein," "hereunder," "hereby," and "this Agreement") shall refer to the Merger Agreement as amended by this Amendment. Notwithstanding the foregoing, references to the date of the Merger Agreement (as amended hereby) and references in the Merger Agreement to "the date hereof," "the date of this Agreement" and terms of similar import shall in all instances continue to refer to June 23, 2016.