Effective Date Clause Example with 10 Variations from Business Contracts
This page contains Effective Date clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Effective Date. This Plan shall take effect on the date immediately preceding the date upon which the registration statement on Form S-1 that is filed by the Company with respect to its initial public offering is declared effective by the Securities and Exchange Commission following stockholder approval in accordance with applicable state law, the Company's bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. 12 APPENDIX A Designated Subsidiaries 13 EX-10.4 14 d120909dex10...4.htm EX-10.4 EX-10.4 Exhibit 10.4 CANDEL THERAPEUTICS, INC. 2021 EMPLOYEE STOCK PURCHASE PLAN The purpose of the Candel Therapeutics, Inc. 2021 Employee Stock Purchase Plan (the "Plan") is to provide eligible employees of Candel Therapeutics, Inc. (the "Company") and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 per share (the "Common Stock"). An aggregate of 293,000 shares of Common Stock have been approved and reserved for this purpose, plus on January 1, 2022, and each January 1 thereafter through January 1, 2031 the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) 293,000 shares of Common Stock, (ii) one percent (1%) of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, or (iii) such number of shares of Common Stock as determined by the Administrator (as defined in Section 1). The Plan includes two components: a Code Section 423 Component (the "423 Component") and a non-Code Section 423 Component (the "Non-423 Component"). It is intended for the 423 Component to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the U.S. Internal Revenue Code of 1986, as amended (the "Code"), and the 423 Component shall be interpreted in accordance with that intent. Under the Non-423 Component, which does not qualify as an "employee stock purchase plan" within the meaning of Section 423(b) of the Code, options will be granted pursuant to rules, procedures or sub-plans adopted by the Administrator designed to achieve tax, securities laws or other objectives for eligible employees. Except as otherwise provided herein, the Non-423 Component will operate and be administered in the same manner as the 423 Component. Unless otherwise defined herein, capitalized terms in this Plan shall have the meaning ascribed to them in Section 11.View More
Variations of a "Effective Date" Clause from Business Contracts
Effective Date. This Plan shall take effect on become effective upon the date immediately preceding the date upon which the registration statement on Form S-1 that is filed by the Company with respect to its initial public offering is declared effective by the Securities and Exchange Commission Registration Date following stockholder approval in accordance with applicable state law, the Company's bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. 12 APPENDIX A Designated... Subsidiaries 13 EX-10.4 14 d120909dex104.htm 6 d692551dex104.htm EX-10.4 EX-10.4 Exhibit 10.4 CANDEL THERAPEUTICS, PHREESIA, INC. 2021 2019 EMPLOYEE STOCK PURCHASE PLAN The purpose of the Candel Therapeutics, Phreesia, Inc. 2021 2019 Employee Stock Purchase Plan (the "Plan") ("the Plan") is to provide eligible employees of Candel Therapeutics, Phreesia, Inc. (the "Company") and each Designated Subsidiary Company (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 $0.001 per share (the "Common Stock"). An aggregate of 293,000 855,873 shares of Common Stock in the aggregate have been approved and reserved for this purpose, plus on January 1, 2022, and each January 1 thereafter through January 1, 2031 the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) 293,000 shares of Common Stock, (ii) one percent (1%) of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, or (iii) such number of shares of Common Stock as determined by the Administrator (as defined in Section 1). purpose. The Plan includes two components: a Code Section 423 Component (the "423 Component") and a non-Code Section 423 Component (the "Non-423 Component"). It is intended for the 423 Component to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the U.S. Internal Revenue Code of 1986, as amended (the "Code"), "Code") and the 423 Component shall be interpreted in accordance with that intent. Under the Non-423 Component, which does not qualify as an "employee stock purchase plan" within the meaning of Section 423(b) of the Code, options will be granted pursuant to rules, procedures or sub-plans adopted by the Administrator designed to achieve tax, securities laws or other objectives for eligible employees. Except as otherwise provided herein, herein or by the Administrator, the Non-423 Component will operate and be administered in the same manner as the 423 Component. Unless otherwise defined herein, capitalized terms in this the Plan shall have the meaning ascribed to them in Section 11. View More
Effective Date. This Plan shall take effect on become effective upon the date immediately preceding the date upon which the registration statement on Form S-1 that is filed Closing Date, subject to approval by the Company with respect to its initial public offering holders of a majority of the votes cast at a meeting of stockholders at which a quorum is declared effective present or by written consent of the stockholders within 12 months before or after the date the Plan is adopted by the Securities and Exchang...e Commission following stockholder approval in accordance with applicable state law, the Company's bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. Board. 12 APPENDIX A Designated Subsidiaries MarkForged, Inc. 13 EX-10.4 14 d120909dex104.htm EX-10.4 EX-10.4 EX-10.10 9 tm2122518d2_ex10-10.htm EXHIBIT 10.10 Exhibit 10.4 CANDEL THERAPEUTICS, INC. 10.10 MARKFORGED HOLDING CORPORATION 2021 EMPLOYEE STOCK PURCHASE PLAN The purpose of the Candel Therapeutics, Inc. Markforged Holding Corporation 2021 Employee Stock Purchase Plan (the "Plan") is to provide eligible employees of Candel Therapeutics, Inc. Markforged Holding Corporation (the "Company") and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 $0.0001 per share (the "Common Stock"). An aggregate of 293,000 4,700,000 shares of Common Stock have been approved and reserved for this purpose, plus on January 1, 2022, and each January 1 thereafter through January 1, 2031 the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) 293,000 4,700,000 shares of Common Stock, (ii) one percent (1%) of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, or (iii) such number of shares of Common Stock as determined by the Administrator (as defined in Section 1). The Plan includes two components: a Code Section 423 Component (the "423 Component") and a non-Code Section 423 Component (the "Non-423 Component"). It is intended for the 423 Component to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the U.S. Internal Revenue Code of 1986, as amended (the "Code"), and the 423 Component shall be interpreted in accordance with that intent. Under the Non-423 Component, which does not qualify as an "employee stock purchase plan" within the meaning of Section 423(b) of the Code, options will be granted pursuant to rules, procedures or sub-plans adopted by the Administrator designed to achieve tax, securities laws or other objectives for eligible employees. Except as otherwise provided herein, the Non-423 Component will operate and be administered in the same manner as the 423 Component. 1 Unless otherwise defined herein, capitalized terms in this Plan shall have the meaning ascribed to them in Section 11. View More
Effective Date. This Plan shall take effect on become effective upon the date immediately preceding the date upon which the registration statement on Form S-1 that is filed Closing Date, subject to approval by the Company with respect to its initial public offering holders of a majority of the votes cast at a meeting of stockholders at which a quorum is declared effective present or by written consent of the stockholders within 12 months before or after the date the Plan is adopted by the Securities and Exchang...e Commission following stockholder approval in accordance with applicable state law, the Company's bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. Board. 12 APPENDIX A Designated Subsidiaries MarkForged, Inc. 13 EX-10.4 14 d120909dex104.htm EX-10.4 EX-10.4 EX-10.10 9 tm2122518d1_ex10-10.htm EXHIBIT 10.10 Exhibit 10.4 CANDEL THERAPEUTICS, INC. 10.10 MARKFORGED HOLDING CORPORATION 2021 EMPLOYEE STOCK PURCHASE PLAN The purpose of the Candel Therapeutics, Inc. Markforged Holding Corporation 2021 Employee Stock Purchase Plan (the "Plan") is to provide eligible employees of Candel Therapeutics, Inc. Markforged Holding Corporation (the "Company") and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 $0.0001 per share (the "Common Stock"). An aggregate of 293,000 4,700,000 shares of Common Stock have been approved and reserved for this purpose, plus on January 1, 2022, and each January 1 thereafter through January 1, 2031 the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) 293,000 4,700,000 shares of Common Stock, (ii) one percent (1%) of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, or (iii) such number of shares of Common Stock as determined by the Administrator (as defined in Section 1). The Plan includes two components: a Code Section 423 Component (the "423 Component") and a non-Code Section 423 Component (the "Non-423 Component"). It is intended for the 423 Component to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the U.S. Internal Revenue Code of 1986, as amended (the "Code"), and the 423 Component shall be interpreted in accordance with that intent. Under the Non-423 Component, which does not qualify as an "employee stock purchase plan" within the meaning of Section 423(b) of the Code, options will be granted pursuant to rules, procedures or sub-plans adopted by the Administrator designed to achieve tax, securities laws or other objectives for eligible employees. Except as otherwise provided herein, the Non-423 Component will operate and be administered in the same manner as the 423 Component. 1 Unless otherwise defined herein, capitalized terms in this Plan shall have the meaning ascribed to them in Section 11. View More
Effective Date. This Plan shall take effect on become effective upon the date immediately preceding the date upon which the registration statement on Form S-1 that is filed by the Company with respect to its initial public offering is declared effective by the Securities and Exchange Commission Registration Date following stockholder approval in accordance with applicable state law, the Company's bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. 12 APPENDIX A Designated... Subsidiaries 13 EX-10.4 14 d120909dex104.htm EX-10.4 EX-10.4 7 EX-10.2 10 d668054dex102.htm EX-10.2 EX-10.2 Exhibit 10.4 CANDEL THERAPEUTICS, 10.2 DYNATRACE, INC. 2021 2019 EMPLOYEE STOCK PURCHASE PLAN The purpose of the Candel Therapeutics, Dynatrace, Inc. 2021 2019 Employee Stock Purchase Plan (the "Plan") ("the Plan") is to provide eligible employees of Candel Therapeutics, Dynatrace, Inc. (the "Company") and each Designated Subsidiary Company (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 $0.001 per share (the "Common Stock"). An aggregate of 293,000 6,250,000 shares of Common Stock in the aggregate have been approved and reserved for this purpose, plus on January April 1, 2022, 2020, and each January April 1 thereafter through January April 1, 2031 2029, the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) 293,000 shares of Common Stock, (ii) one 1% percent (1%) of the number of shares of Common Stock issued and outstanding on the immediately preceding December March 31st, (ii) 3,500,000 shares of Common Stock or (iii) such number of shares of Common Stock as determined by the Administrator (as defined in Section 1). The Plan includes two components: a Code Section 423 Component (the "423 Component") and a non-Code Section 423 Component (the "Non-423 Component"). It is intended for the 423 Component to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the U.S. Internal Revenue Code of 1986, as amended (the "Code"), and the 423 Component shall be interpreted in accordance with that intent. Under the Non-423 Component, which does not qualify as an "employee stock purchase plan" within the meaning of Section 423(b) of the Code, options will be granted pursuant to rules, procedures or sub-plans adopted by the Administrator designed to achieve tax, securities comply with applicable laws or achieve tax and other objectives for eligible employees. objectives. Except as otherwise provided herein, herein or by the Administrator, the Non-423 Component will operate and be administered in the same manner as the 423 Component. Unless otherwise defined herein, capitalized terms in this Plan shall have the meaning ascribed to them in Section 11. View More
Effective Date. This Plan shall take effect on become effective upon the date immediately preceding the date upon which the registration statement on Form S-1 that is filed by the Company with respect to its initial public offering is declared effective by the Securities and Exchange Commission following stockholder approval in accordance with applicable state law, the Company's bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. 12 6 APPENDIX A Designated Subsidiaries 13... EX-10.4 14 d120909dex104.htm EX-10.4 EX-10.4 Exhibit 10.4 CANDEL THERAPEUTICS, None 7 EX-10.3 9 d197729dex103.htm EX-10.3 EX-10.3 EXHIBIT 10.3 IKENA ONCOLOGY, INC. 2021 EMPLOYEE STOCK PURCHASE PLAN The purpose of the Candel Therapeutics, Ikena Oncology, Inc. 2021 Employee Stock Purchase Plan (the "Plan") is to provide eligible employees of Candel Therapeutics, Ikena Oncology, Inc. (the "Company") and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 $0.001 per share (the "Common Stock"). An aggregate of 293,000 346,613 shares of Common Stock have been approved and reserved for this purpose, plus on January 1, 2022, and each January 1 thereafter through January 1, 2031 2031, the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) 293,000 346,613 shares of Common Stock, (ii) one percent (1%) of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, or (iii) such number of shares of Common Stock as determined by the Administrator (as defined in Section 1). Administrator. The Plan includes two components: a Code Section 423 Component (the "423 Component") and a non-Code Section 423 Component (the "Non-423 Component"). It is intended for the 423 Component to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the U.S. Internal Revenue Code of 1986, as amended (the "Code"), and the 423 Component shall be interpreted in accordance with that intent. Under the Non-423 Component, which does not qualify as an "employee stock purchase plan" within the meaning of Section 423(b) of the Code, options will be granted pursuant to rules, procedures or sub-plans adopted by the Administrator designed to achieve tax, securities laws or other objectives for eligible employees. Except as otherwise provided herein, the Non-423 Component will operate and be administered in the same manner as the 423 Component. Unless otherwise defined herein, capitalized terms in this Plan shall have the meaning ascribed to them in Section 11.View More
Effective Date. This Plan shall take effect on become effective upon the date immediately preceding the date upon which the registration statement on Form S-1 that is filed Registration Date, subject to approval by the Company with respect to its initial public offering holders of a majority of the votes cast at a meeting of stockholders at which a quorum is declared effective present or by written consent of the stockholders within 12 months before or after the date the Plan is adopted by the Securities and Ex...change Commission following stockholder approval in accordance with applicable state law, the Company's bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. Board. 12 APPENDIX A Designated Subsidiaries 13 EX-10.4 14 d120909dex104.htm EX-10.4 EX-10.4 EX-10.3 6 d47776dex103.htm EX-10.3 EX-10.3 Exhibit 10.4 CANDEL 10.3 MONTE ROSA THERAPEUTICS, INC. 2021 EMPLOYEE STOCK PURCHASE PLAN The purpose of the Candel Monte Rosa Therapeutics, Inc. 2021 Employee Stock Purchase Plan (the "Plan") is to provide eligible employees of Candel Monte Rosa Therapeutics, Inc. (the "Company") and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 $0.0001 per share (the "Common Stock"). An aggregate of 293,000 439,849 shares of Common Stock have been approved and reserved for this purpose, plus on January 1, 2022, and each January 1 thereafter through January 1, 2031 the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) 293,000 439,849 shares of Common Stock, (ii) one percent (1%) of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, or (iii) such number of shares of Common Stock as determined by the Administrator (as defined in Section 1). The Plan includes two components: a Code Section 423 Component (the "423 Component") and a non-Code Section 423 Component (the "Non-423 Component"). It is intended for the 423 Component to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the U.S. Internal Revenue Code of 1986, as amended (the "Code"), and the 423 Component shall be interpreted in accordance with that intent. Under the Non-423 Component, which does not qualify as an "employee stock purchase plan" within the meaning of Section 423(b) of the Code, options will be granted pursuant to rules, procedures or sub-plans adopted by the Administrator designed to achieve tax, securities laws or other objectives for eligible employees. Except as otherwise provided herein, the Non-423 Component will operate and be administered in the same manner as the 423 Component. Unless otherwise defined herein, capitalized terms in this Plan shall have the meaning ascribed to them in Section 11. View More
Effective Date. This Plan shall take effect on become effective upon the date immediately preceding the date upon which the registration statement on Form S-1 that is filed by the Company with respect to its initial public offering is declared effective by the Securities and Exchange Commission following stockholder approval in accordance with applicable state law, the Company's bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. 12 11 APPENDIX A Designated Subsidiaries 1...3 EX-10.4 14 d120909dex104.htm EX-10.4 EX-10.4 12 EX-10.2 5 d66582dex102.htm EX-10.2 EX-10.2 Exhibit 10.4 CANDEL THERAPEUTICS, 10.2 MERIDIANLINK, INC. 2021 EMPLOYEE STOCK PURCHASE PLAN The purpose of the Candel Therapeutics, MeridianLink, Inc. 2021 Employee Stock Purchase Plan (the "Plan") is to provide eligible employees of Candel Therapeutics, MeridianLink, Inc. (the "Company") and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 $0.001 per share (the "Common Stock"). An aggregate of 293,000 810,345 shares of Common Stock have been approved and reserved for this purpose, plus on January 1, 2022, and each January 1 thereafter through January 1, 2031 2031, the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) 293,000 900,000 shares of Common Stock, (ii) one percent (1%) of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, or (iii) such number of shares of Common Stock as determined by the Administrator (as defined in Section 1). Administrator. The Plan includes two components: a Code Section 423 Component (the "423 Component") and a non-Code Section 423 Component (the "Non-423 Component"). It is intended for the 423 Component to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the U.S. Internal Revenue Code of 1986, as amended (the "Code"), and the 423 Component shall be interpreted in accordance with that intent. Under the Non-423 Component, which does not qualify as an "employee stock purchase plan" within the meaning of Section 423(b) of the Code, options will be granted pursuant to rules, procedures or sub-plans adopted by the Administrator designed to achieve tax, securities laws or other objectives for eligible employees. Except as otherwise provided herein, the Non-423 Component will operate and be administered in the same manner as the 423 Component. Unless otherwise defined herein, capitalized terms in this Plan shall have the meaning ascribed to them in Section 11.View More
Effective Date. This Plan shall take effect on become effective upon the date immediately preceding the date upon which the registration statement on Form S-1 that is filed by the Company with respect to its initial public offering is declared effective by the Securities and Exchange Commission following stockholder approval in accordance with applicable state law, the Company's bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. 12 11 APPENDIX A Designated Subsidiaries 1...3 EX-10.4 14 d120909dex104.htm EX-10.4 EX-10.4 12 EX-10.13 16 tm2032047d11_ex10-13.htm EXHIBIT 10.13 Exhibit 10.4 CANDEL THERAPEUTICS, 10.13 908 DEVICES INC. 2021 2020 EMPLOYEE STOCK PURCHASE PLAN The purpose of the Candel Therapeutics, 908 Devices Inc. 2021 2020 Employee Stock Purchase Plan (the "Plan") is to provide eligible employees of Candel Therapeutics, 908 Devices Inc. (the "Company") and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 $0.001 per share (the "Common Stock"). An aggregate of 293,000 288,857 shares of Common Stock have been approved and reserved for this purpose, plus on January 1, 2022, and each January 1 thereafter through January 1, 2031 2030, the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) 293,000 307,295 shares of Common Stock, (ii) one percent (1%) of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, or (iii) such number of shares of Common Stock as determined by the Administrator (as defined in Section 1). The Plan includes two components: a Code Section 423 Component (the "423 Component") and a non-Code Section 423 Component (the "Non-423 Component"). It is intended for the 423 Component to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the U.S. Internal Revenue Code of 1986, as amended (the "Code"), and the 423 Component shall be interpreted in accordance with that intent. Under the Non-423 Component, which does not qualify as an "employee stock purchase plan" within the meaning of Section 423(b) of the Code, options will be granted pursuant to rules, procedures or sub-plans adopted by the Administrator designed to achieve tax, securities laws or other objectives for eligible employees. Except as otherwise provided herein, the Non-423 Component will operate and be administered in the same manner as the 423 Component. Unless otherwise defined herein, capitalized terms in this Plan shall have the meaning ascribed to them in Section 11. View More
Effective Date. This Plan shall take effect on become effective upon the date immediately preceding the date upon which the registration statement on Form S-1 that is filed by the Company with respect to its initial public offering is declared effective by the Securities and Exchange Commission Registration Date following stockholder approval in accordance with applicable state law, the Company's bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. 12 APPENDIX A Designated... Subsidiaries 13 EX-10.4 14 d120909dex104.htm EX-10.4 EX-10.4 11 EX-10.3 7 tm2123090d10_ex10-3.htm EXHIBIT 10.3 Exhibit 10.4 CANDEL 10.3 ENTRADA THERAPEUTICS, INC. 2021 EMPLOYEE STOCK PURCHASE PLAN The purpose of the Candel Entrada Therapeutics, Inc. 2021 Employee Stock Purchase Plan (the "Plan") is to provide eligible employees of Candel Entrada Therapeutics, Inc. (the "Company") and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 $0.0001 per share (the "Common Stock"). An aggregate of 293,000 278,762 shares of Common Stock have been approved and reserved for this purpose, plus on January 1, 2022, and each January 1 thereafter through January 1, 2031 2031, the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) 293,000 557,524 shares of Common Stock, (ii) one percent (1%) of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, or (iii) such number of shares of Common Stock as determined by the Administrator (as defined in Section 1). Administrator. The Plan includes two components: a Code Section 423 Component (the "423 Component") and a non-Code Section 423 Component (the "Non-423 Component"). It is intended for the 423 Component to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the U.S. Internal Revenue Code of 1986, as amended (the "Code"), and the 423 Component shall be interpreted in accordance with that intent. Under the Non-423 Component, which does not qualify as an "employee stock purchase plan" within the meaning of Section 423(b) of the Code, options will be granted pursuant to rules, procedures or sub-plans adopted by the Administrator designed to achieve tax, securities laws or other objectives for eligible employees. Except as otherwise provided herein, the Non-423 Component will operate and be administered in the same manner as the 423 Component. Unless otherwise defined herein, capitalized terms in this Plan shall have the meaning ascribed to them in Section 11.View More
Effective Date. This Plan shall take effect on become effective upon the date immediately preceding the date upon which the registration statement on Form S-1 that is filed by the Company with respect to its initial public offering is declared effective by the Securities and Exchange Commission following stockholder approval in accordance with applicable state law, the Company's bylaws and articles of incorporation, each as amended, and applicable stock exchange rules. 12 11 APPENDIX A Designated Subsidiaries 1...3 EX-10.4 14 d120909dex104.htm EX-10.4 EX-10.4 None 12 EX-10.3 6 tm2114556d8_ex10-3.htm EXHIBIT 10.3 Exhibit 10.4 CANDEL 10.3 AEROVATE THERAPEUTICS, INC. 2021 EMPLOYEE STOCK PURCHASE PLAN The purpose of the Candel Aerovate Therapeutics, Inc. 2021 Employee Stock Purchase Plan (the "Plan") is to provide eligible employees of Candel Aerovate Therapeutics, Inc. (the "Company") and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 $0.0001 per share (the "Common Stock"). An aggregate of 293,000 230,000 shares of Common Stock have been approved and reserved for this purpose, plus on January 1, 2022, and each January 1 thereafter through January 1, 2031 2031, the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) 293,000 460,000 shares of Common Stock, (ii) one percent (1%) of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, or (iii) such number of shares of Common Stock as determined by the Administrator (as defined in Section 1). Board of Directors (the "Board"). The Plan includes two components: a Code Section 423 Component (the "423 Component") and a non-Code Section 423 Component (the "Non-423 Component"). It is intended for the 423 Component to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the U.S. Internal Revenue Code of 1986, as amended (the "Code"), and the 423 Component shall be interpreted in accordance with that intent. Under the Non-423 Component, which does not qualify as an "employee stock purchase plan" within the meaning of Section 423(b) of the Code, options will be granted pursuant to rules, procedures or sub-plans adopted by the Administrator designed to achieve tax, securities laws or other objectives for eligible employees. Except as otherwise provided herein, the Non-423 Component will operate and be administered in the same manner as the 423 Component. Unless otherwise defined herein, capitalized terms in this Plan shall have the meaning ascribed to them in Section 11.View More
