Common use of Adjustment Upon Certain Events Clause in Contracts

Adjustment Upon Certain Events. In the event of any Share dividend, Share split or, reverse split, reorganization, reclassification, recapitalization, merger, consolidation, spin-off, split-up, combination or exchange of Shares or other similar corporate transaction, or any extraordinary dividend or distribution to shareholders of Shares, the Board, without liability to any Person, shall take such actions as it in its sole discretion deems appropriate to preserve the intended benefits of the Restricted Stock Units to the Grantee, by adjusting the terms of the Restricted Stock Units or such other means as the Board shall determine and, in any event, in compliance, to the extent applicable, with Section 409A of the Code.

Appears in 2 contracts

Sources: Restricted Stock Unit Agreement (Hawker Beechcraft Notes Co), Restricted Stock Unit Agreement (Hawker Beechcraft Notes Co)