Severability Clause Example with 7 Variations from Business Contracts

Severability. If any provision of this Agreement is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included herein. [Remainder of Page Intentionally Left Blank] 7 By signing below, the Participant hereby acknowledges receipt of the RSUs issued on the Grant Date indicated above, which ha...ve been issued under the terms and conditions of the Plan and this Agreement. MIDSTATES PETROLEUM COMPANY, INC. STONE ENERGY CORPORATION By: Name: David H. Welch Title: Chief Executive Officer and President Accepted by: [Name of Participant] Date: March 1, 2017 Confirmation of Receipt by Company: By: Name: Lisa Jaubert Title: Senior Vice President, General Counsel, Secretary 8 EX-10.1 2 a16-22308_1ex10d1.htm d355685dex101.htm EX-10.1 EX-10.1 Exhibit 10.1 MIDSTATES PETROLEUM COMPANY, INC. [DATE] FORM OF STONE ENERGY CORPORATION MARCH 1, 2017 DIRECTOR RESTRICTED STOCK UNIT AGREEMENT * * * * * Participant: Grant Date: March 1, 2017 Number of Restricted Stock Units Granted: 1 * * * * * THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this "Agreement"), dated as of the Grant Date specified above, is entered into by and between MIDSTATES PETROLEUM COMPANY, INC., Stone Energy Corporation, a corporation organized in the State of Delaware (the "Company"), and the Participant specified above, pursuant to the Midstates Petroleum Company, Inc. 2016 Stone Energy Corporation 2017 Long Term Incentive Plan, as in effect and as amended from time to time (the "Plan"), which is administered by the Committee (as defined in and the Plan); Board; and WHEREAS, it has been determined under the Plan that it would be in the best interests of the Company to grant the Restricted Stock Units ("RSUs") provided herein to the Participant; and WHEREAS, for purposes of this Agreement, the Company has deemed it appropriate to award the Participant with the number of RSUs stated above which represents an equivalent value of $[ ] ]2 which is the portion value of the Participant's [ ] Plan Year 2017 equity award for serving as a non-employee director on the Company's Board of Directors; and WHEREAS, the Company has utilized the price per share of the Company's common Common Stock as of [ ]. the date of the Company's emergence from bankruptcy which was established to be $18.56 per share as of February 28, 2017. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby mutually covenant and agree as follows: 1. Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are 1 Chairman = 13,082 RSUs; other Board members = 9,811 RSUs. 2 Chairman = $242,800; other Board members = $182,100 expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated into this Agreement as if they were each expressly set forth herein. Except as provided otherwise herein, any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. View More

Severability. If any provision of this Agreement is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included herein. 8 [Remainder of Page Intentionally Left Blank] 7 9 By signing below, the Participant hereby acknowledges receipt of the RSUs PSUs issued on the Grant Date indicated above,... which have been issued under the terms and conditions of the Plan and this Agreement. MIDSTATES PETROLEUM COMPANY, INC. By: Name: Kim Harding Title: Vice President — Human Resources and Administration Accepted by: [Name of Participant] David J. Sambrooks Date: Confirmation of Receipt by Company: By: 8 EX-10.1 2 a16-22308_1ex10d1.htm EX-10.1 Date: 10 EX-10.3 4 a17-24453_1ex10d3.htm EX-10.3 Exhibit 10.1 10.3 MIDSTATES PETROLEUM COMPANY, INC. [DATE] FORM OF DIRECTOR RESTRICTED PERFORMANCE STOCK UNIT AGREEMENT PURSUANT TO THE 2016 LONG TERM INCENTIVE PLAN (PERFORMANCE VESTING) * * * * * Participant: David J. Sambrooks Grant Date: November 1, 2017 Target Number of Restricted Performance Stock Units Granted: 135,778 * * * * * THIS RESTRICTED PERFORMANCE STOCK UNIT AWARD AGREEMENT (this "Agreement"), dated as of the Grant Date specified above, is entered into by and between MIDSTATES PETROLEUM COMPANY, INC., a corporation organized in the State of Delaware (the "Company"), and the Participant specified above, pursuant to the Midstates Petroleum Company, Inc. 2016 Long Term Incentive Plan, as in effect and as amended from time to time (the "Plan"), which is administered by the Committee (as defined in the Plan); and WHEREAS, it has been determined under the Plan that it would be in the best interests of the Company to grant the Restricted Performance Stock Units ("RSUs") ("PSUs") provided herein to the Participant; and WHEREAS, for purposes of this Agreement, the Company has deemed it appropriate to award the Participant with the number of RSUs stated above which represents an equivalent value of $[ ] which is the portion of the Participant's [ ] equity award for serving as a non-employee director on the Company's Board of Directors; and WHEREAS, the Company has utilized the price per share of the Company's common Stock as of [ ]. Participant. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby mutually covenant and agree as follows: 1. Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated into in this Agreement as if they were each expressly set forth herein. Except as provided otherwise herein, any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. View More

Severability. If any provision of this Agreement is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included herein. [Remainder of Page Intentionally Left Blank] 7 8 By signing below, the Participant hereby acknowledges receipt of the RSUs PSUs issued on the Grant Date indicated above, w...hich have been issued under the terms and conditions of the Plan and this Agreement. MIDSTATES PETROLEUM COMPANY, INC. By: Name: Kim Harding Title: Vice President — Human Resources and Administration Accepted by: [Name of Participant] [·] Date: Confirmation of Receipt by Company: By: 8 EX-10.1 Date: 9 EX-10.20 2 a16-22308_1ex10d1.htm EX-10.1 a18-1061_1ex10d20.htm EX-10.20 Exhibit 10.1 10.20 MIDSTATES PETROLEUM COMPANY, INC. [DATE] FORM OF DIRECTOR RESTRICTED PERFORMANCE STOCK UNIT AGREEMENT PURSUANT TO THE 2016 LONG TERM INCENTIVE PLAN (PERFORMANCE VESTING) * * * * * Participant: [·] Grant Date: [·] Target Number of Restricted Performance Stock Units Granted: [·] * * * * * THIS RESTRICTED PERFORMANCE STOCK UNIT AWARD AGREEMENT (this "Agreement"), dated as of the Grant Date specified above, is entered into by and between MIDSTATES PETROLEUM COMPANY, INC., a corporation organized in the State of Delaware (the "Company"), and the Participant specified above, pursuant to the Midstates Petroleum Company, Inc. 2016 Long Term Incentive Plan, as in effect and as amended from time to time (the "Plan"), which is administered by the Committee (as defined in the Plan); and WHEREAS, it has been determined under the Plan that it would be in the best interests of the Company to grant the Restricted Performance Stock Units ("RSUs") ("PSUs") provided herein to the Participant; and WHEREAS, for purposes of this Agreement, the Company has deemed it appropriate to award the Participant with the number of RSUs stated above which represents an equivalent value of $[ ] which is the portion of the Participant's [ ] equity award for serving as a non-employee director on the Company's Board of Directors; and WHEREAS, the Company has utilized the price per share of the Company's common Stock as of [ ]. Participant. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby mutually covenant and agree as follows: 1. Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated into in this Agreement as if they were each expressly set forth herein. Except as provided otherwise herein, any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. View More

Severability. If any provision of this Agreement is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included herein. [Remainder of Page Intentionally Left Blank] 7 8 By signing below, the Participant hereby acknowledges receipt of the RSUs PSUs issued on the Grant Date indicated above, w...hich have been issued under the terms and conditions of the Plan and this Agreement. MIDSTATES PETROLEUM COMPANY, INC. By: Name: Kim Harding Title: Vice President — Human Resources and Administration Accepted by: [Name of Participant] XXXXXX Date: Confirmation of Receipt by Company: By: 8 EX-10.1 2 a16-22308_1ex10d1.htm EX-10.1 Date: 9 EX-10.2 3 a19-6459_1ex10d2.htm EX-10.2 Exhibit 10.1 10.2 MIDSTATES PETROLEUM COMPANY, INC. [DATE] FORM OF DIRECTOR RESTRICTED PERFORMANCE STOCK UNIT AGREEMENT PURSUANT TO THE 2016 LONG TERM INCENTIVE PLAN (PERFORMANCE VESTING) * * * * * Participant: Executive Name Grant Date: March 7, 2019 Target Number of Restricted Performance Stock Units Granted: TBD * * * * * THIS RESTRICTED PERFORMANCE STOCK UNIT AWARD AGREEMENT (this "Agreement"), dated as of the Grant Date specified above, is entered into by and between MIDSTATES PETROLEUM COMPANY, INC., a corporation organized in the State of Delaware (the "Company"), and the Participant specified above, pursuant to the Midstates Petroleum Company, Inc. 2016 Long Term Incentive Plan, as in effect and as amended from time to time (the "Plan"), which is administered by the Committee (as defined in the Plan); and WHEREAS, it has been determined under the Plan that it would be in the best interests of the Company to grant the Restricted Performance Stock Units ("RSUs") ("PSUs") provided herein to the Participant; and WHEREAS, for purposes of this Agreement, the Company has deemed it appropriate to award the Participant with the number of RSUs stated above which represents an equivalent value of $[ ] which is the portion of the Participant's [ ] equity award for serving as a non-employee director on the Company's Board of Directors; and WHEREAS, the Company has utilized the price per share of the Company's common Stock as of [ ]. Participant. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby mutually covenant and agree as follows: 1. Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated into in this Agreement as if they were each expressly set forth herein. Except as provided otherwise herein, any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. View More

Severability. If any provision of this Agreement is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included herein. [Remainder of Page Intentionally Left Blank] 7 6 By signing below, the Participant hereby acknowledges receipt of the RSUs issued on the Grant Date indicated above, which ...have been issued under the terms and conditions of the Plan and this Agreement. MIDSTATES PETROLEUM COMPANY, INC. By: Name: Kim Harding Title: Vice President — Human Resources and Administration Accepted by: [Name of Participant] [·] Date: Confirmation of Receipt by Company: By: 8 EX-10.1 2 a16-22308_1ex10d1.htm EX-10.1 Date: 7 EX-10.21 3 a18-1061_1ex10d21.htm EX-10.21 Exhibit 10.1 10.21 MIDSTATES PETROLEUM COMPANY, INC. [DATE] FORM OF DIRECTOR RESTRICTED STOCK UNIT AGREEMENT PURSUANT TO THE 2016 LONG TERM INCENTIVE PLAN (TIME VESTING) * * * * * Participant: [·] Grant Date: [·] Number of Restricted Stock Units Granted: [·] * * * * * THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this "Agreement"), dated as of the Grant Date specified above, is entered into by and between MIDSTATES PETROLEUM COMPANY, INC., a corporation organized in the State of Delaware (the "Company"), and the Participant specified above, pursuant to the Midstates Petroleum Company, Inc. 2016 Long Term Incentive Plan, as in effect and as amended from time to time (the "Plan"), which is administered by the Committee (as defined in the Plan); and WHEREAS, it has been determined under the Plan that it would be in the best interests of the Company to grant the Restricted Stock Units ("RSUs") provided herein to the Participant; and WHEREAS, for purposes of this Agreement, the Company has deemed it appropriate to award the Participant with the number of RSUs stated above which represents an equivalent value of $[ ] which is the portion of the Participant's [ ] equity award for serving as a non-employee director on the Company's Board of Directors; and WHEREAS, the Company has utilized the price per share of the Company's common Stock as of [ ]. Participant. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby mutually covenant and agree as follows: 1. Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated into in this Agreement as if they were each expressly set forth herein. Except as provided otherwise herein, any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. View More

Severability. If any provision of this Agreement is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included herein. [Remainder of Page Intentionally Left Blank] 7 6 By signing below, the Participant hereby acknowledges receipt of the RSUs issued on the Grant Date indicated above, which ...have been issued under the terms and conditions of the Plan and this Agreement. MIDSTATES PETROLEUM COMPANY, INC. By: Name: Kim Harding Title: Vice President — Human Resources and Administration Accepted by: [Name of Participant] Executive Name Date: Confirmation of Receipt by Company: By: 8 Date: 7 EX-10.1 2 a16-22308_1ex10d1.htm a19-6459_1ex10d1.htm EX-10.1 Exhibit 10.1 MIDSTATES PETROLEUM COMPANY, INC. [DATE] FORM OF DIRECTOR RESTRICTED STOCK UNIT AGREEMENT PURSUANT TO THE 2016 LONG TERM INCENTIVE PLAN (TIME VESTING) * * * * * Participant: Executive Name Grant Date: March 7, 2019 Number of Restricted Stock Units Granted: TBD * * * * * THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this "Agreement"), dated as of the Grant Date specified above, is entered into by and between MIDSTATES PETROLEUM COMPANY, INC., a corporation organized in the State of Delaware (the "Company"), and the Participant specified above, pursuant to the Midstates Petroleum Company, Inc. 2016 Long Term Incentive Plan, as in effect and as amended from time to time (the "Plan"), which is administered by the Committee (as defined in the Plan); and WHEREAS, it has been determined under the Plan that it would be in the best interests of the Company to grant the Restricted Stock Units ("RSUs") provided herein to the Participant; and WHEREAS, for purposes of this Agreement, the Company has deemed it appropriate to award the Participant with the number of RSUs stated above which represents an equivalent value of $[ ] which is the portion of the Participant's [ ] equity award for serving as a non-employee director on the Company's Board of Directors; and WHEREAS, the Company has utilized the price per share of the Company's common Stock as of [ ]. Participant. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby mutually covenant and agree as follows: 1. Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated into in this Agreement as if they were each expressly set forth herein. Except as provided otherwise herein, any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. View More

Severability. If any provision of this Agreement is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included herein. [Remainder of Page Intentionally Left Blank] 7 By signing below, the Participant hereby acknowledges receipt of the RSUs issued on the Grant Date indicated above, which ha...ve been issued under the terms and conditions of the Plan and this Agreement. MIDSTATES PETROLEUM COMPANY, INC. By: Name: Title: Accepted by: [Name of Participant] Date: Confirmation of Receipt by Company: By: 8 EX-10.1 2 a16-22308_1ex10d1.htm EX-10.1 EX-10.2 3 a16-22308_1ex10d2.htm EX-10.2 Exhibit 10.1 10.2 MIDSTATES PETROLEUM COMPANY, INC. [DATE] FORM OF DIRECTOR RESTRICTED STOCK UNIT AGREEMENT PURSUANT TO THE 2016 LONG TERM INCENTIVE PLAN (TIME VESTING) * * * * * Participant: Grant Date: Number of Restricted Stock Units Granted: 12,716 * * * * * THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this "Agreement"), dated as of the Grant Date specified above, is entered into by and between MIDSTATES PETROLEUM COMPANY, INC., a corporation organized in the State of Delaware (the "Company"), and the Participant specified above, pursuant to the Midstates Petroleum Company, Inc. 2016 Long Term Incentive Plan, as in effect and as amended from time to time (the "Plan"), which is administered by the Committee (as defined in the Plan); and WHEREAS, it has been determined under the Plan that it would be in the best interests of the Company to grant the Restricted Stock Units ("RSUs") provided herein to the Participant; and WHEREAS, for purposes of this Agreement, the Company has deemed it appropriate to award the Participant with the number of RSUs stated above which represents an equivalent value of $[ ] $250,000, which is award will only be vested upon either (i) the portion creation of certain long term value by the Participant's [ ] equity award Company for serving its shareholders as more particularly described below, or (ii) a non-employee director on the Company's Board of Directors; Change in Control; and WHEREAS, the Company has utilized the price per share of the Company's common Stock as of [ ]. the date of the Company's emergence from bankruptcy which was established to be $19.66 per share as of October 21, 2016. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby mutually covenant and agree as follows: 1. Incorporation By Reference; Plan Document Receipt. This Agreement is subject in all respects to the terms and provisions of the Plan (including, without limitation, any amendments thereto adopted at any time and from time to time unless such amendments are expressly intended not to apply to the Award provided hereunder), all of which terms and provisions are made a part of and incorporated into this Agreement as if they were each expressly set forth herein. Except as provided otherwise herein, any capitalized term not defined in this Agreement shall have the same meaning as is ascribed thereto in the Plan. The Participant hereby acknowledges receipt of a true copy of the Plan and that the Participant has read the Plan carefully and fully understands its content. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the terms of the Plan shall control. View More