Compensatory Arrangements. This Agreement has been executed and delivered, and the New Units have been issued hereunder, in connection with and as a part of the compensation and incentive arrangements between the Company and Recipient, and pursuant and subject to the provisions of the Company’s 2011 Incentive Equity Plan (the “Plan”). Notwithstanding the binding effect of the Board’s or the Committee’s (as defined in the Plan) determinations under the Plan, in the event of any proceeding where such determination is at issue the determination shall be reviewed by the court or arbitrator on a de novo basis.
Appears in 2 contracts
Sources: Class a Unit Exchange Agreement (Yankee Finance, Inc.), Class a Unit Exchange Agreement (Yankee Finance, Inc.)
Compensatory Arrangements. This Agreement has been executed and delivered, and the New Purchased Units have been issued hereunder, in connection with and as a part of the compensation and incentive arrangements between the Company and RecipientPurchaser, and pursuant and subject to the provisions of the Company’s 2011 2007 Incentive Equity Plan (the “Plan”). Notwithstanding the binding effect of the Board’s or the Committee’s (as defined in the Plan) determinations under the Plan, in the event of any proceeding where such determination is at issue the determination shall be reviewed by the court or arbitrator on a de novo basis.
Appears in 1 contract
Sources: Class a Unit Purchase Agreement (Yankee Holding Corp.)