MoneyGram 2011 Annual Report Download - page 192

(iv) the Holder’s participation in the Plan shall not create a right to further employment with the Employer and shall not interfere with
the ability of the Employer to terminate the Holder’s employment or service relationship (if any) at any time;
(v) the Holder is voluntarily participating in the Plan;
(vi) the SARs acquired under the Plan are not intended to replace any pension rights or compensation;
(vii) the future value of the shares of Common Stock underlying the SARs is unknown, indeterminable and cannot be predicted with
certainty;
(viii) if the underlying shares of Common Stock do not increase in value, the SARs will have no value;
(ix) no claim or entitlement to compensation or damages shall arise from forfeiture of the SARs resulting from the Holder’s termination
of employment by the Company or the Employer (for any reason whatsoever and whether or not in breach of any employment law in the country where the
Holder resides, even if otherwise applicable to the Holder’s employment benefits from the Employer, and whether or not later found to be invalid) and in
consideration of the grant of the SARs to which the Holder is otherwise not entitled, the Holder irrevocably agrees never to institute any claim against the
Company or the Employer, waives his or her ability, if any, to bring any such claim, and releases the Company and the Employer from any such claim; if,
notwithstanding the foregoing, any such claim is allowed by a court of competent jurisdiction, then, by participating in the Plan, the Holder shall be deemed
irrevocably to have agreed not to pursue such claim and agrees to execute any and all documents necessary to request dismissal or withdrawal of such
claims; and
(x) the following provisions apply only to the Holders providing services outside the United States, as determined by the Company:
(A) the SARs are extraordinary items that are outside the scope of the Holder’s employment or service contract, if any;
(B) the SARs are not part of normal or expected compensation or salary for any purposes, including, but not limited to,
calculating any severance, resignation, termination, redundancy, dismissal, end of service payments, bonuses, long−service awards, pension or retirement or
welfare benefits or similar payments and in no event should be considered as compensation for, or relating in any way to, past services for the Company, the
Employer, or any Subsidiary; and
(C) the SARs grant and the Holder’s participation in the Plan will not be interpreted to form an employment or service contract or
relationship with the Company or any Subsidiary.
(d) No Advice Regarding Grant. The Company is not providing any tax, legal or financial advice, nor is the Company making any
recommendations regarding the Holder’s participation in the Plan. The Holder is hereby advised to consult with his or her own personal tax, legal and
financial advisors regarding his or her participation in the Plan before taking any action related to the Plan.
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