Exercise of Option Contract Clauses (2,255)

Grouped Into 47 Collections of Similar Clauses From Business Contracts

This page contains Exercise of Option clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Exercise of Option. (a) Right to Exercise. This Option shall be exercisable during its term in accordance with the Vesting Schedule set out in the Notice of Stock Option Grant and with the applicable provisions of the Plan and this Option Agreement. (b) Method of Exercise. This Option shall be exercisable by delivery of an exercise notice in the form attached as Exhibit A (the "Exercise Notice") or in a manner and pursuant to such procedures as the Administrator may determine, which shall state the election to exer...cise the Option, the number of Shares with respect to which the Option is being exercised (the "Exercised Shares"), and such other representations and agreements as may be required by the Company. The Exercise Notice shall be accompanied by payment of the aggregate Exercise Price as to all Exercised Shares, together with any applicable tax withholding. This Option shall be deemed to be exercised upon receipt by the Company of such fully executed Exercise Notice accompanied by payment of the aggregate Exercise Price, together with any applicable tax withholding. No Shares shall be issued pursuant to the exercise of an Option unless such issuance and such exercise comply with Applicable Laws. Assuming such compliance, for income tax purposes the Shares shall be considered transferred to Participant on the date on which the Option is exercised with respect to such Shares. View More
Found in ShockWave Medical, Inc. contract
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Exercise of Option. (a) Right (a)Right to Exercise. This Option shall may be exercisable during its exercised only within the term in accordance with the Vesting Schedule set out in the Notice of Stock Option Grant Grant, and may be exercised during such term only in accordance with the applicable provisions of the Plan and the terms of this Option Agreement. (b) Method (b)Method of Exercise. This Option shall be is exercisable by delivery of an exercise notice (the "Exercise Notice") in the form attached as Exhibi...t A (the "Exercise Notice") B to the Notice of Grant or in a manner and pursuant to such procedures as the Administrator may determine, which shall will state the election to exercise the Option, the number of Shares with in respect to of which the Option is being exercised (the "Exercised Shares"), and such other representations and agreements as may be required by the Company pursuant to the provisions of the Plan. The Exercise Notice will be completed by Participant and delivered to the Company. The Exercise Notice shall will be accompanied by payment of the aggregate Exercise Price as to all Exercised Shares, together with Shares and of any applicable tax withholding. Tax Obligations (as defined in Section 6(a)). This Option shall will be deemed to be exercised upon receipt by the Company of such fully executed Exercise Notice accompanied by payment of the aggregate Exercise Price, together with any applicable tax withholding. No Shares shall be issued pursuant to the exercise of an Option unless such issuance and such exercise comply with Applicable Laws. Assuming such compliance, for income tax purposes the Shares shall be considered transferred to Participant on the date on which the Option is exercised with respect to such Shares. Price. View More
Found in Ra Medical Systems, Inc. contract
Exercise of Option. (a) Right to Exercise. This Option shall be is exercisable during its term in accordance with the Vesting Schedule set out in the Notice of Stock Option Grant and with the applicable provisions of the Plan and this Option Agreement. Section 1. (b) Method of Exercise. This Option shall be is exercisable by delivery of an exercise notice notice, in the form attached as Exhibit A (the "Exercise Notice") or in a manner and pursuant to such procedures as the Administrator may determine, Notice"), whi...ch shall state the election to exercise the Option, the number of Shares with shares of Common Stock in respect to of which the Option is being exercised (the "Exercised Shares"), and such other representations and agreements as may be required by the Company. Company pursuant to the provisions of the Plan. The Exercise Notice shall be completed by you and delivered to the Corporate Secretary. The Exercise Notice shall be accompanied by payment of the aggregate Exercise Price exercise price as to all Exercised Shares, together with any applicable tax withholding. Shares. This Option shall be deemed to be exercised upon receipt by the Company of such fully executed Exercise Notice accompanied by payment such aggregate exercise price. No shares of the aggregate Exercise Price, together with any applicable tax withholding. No Shares Common Stock shall be issued pursuant to the exercise of an this Option unless such issuance and such exercise comply with Applicable Laws. applicable laws. Assuming such compliance, for income tax purposes the Exercised Shares shall be considered transferred to Participant you on the date on which the Option is exercised with respect to such Exercised Shares. 1 4. Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at your election: (a) cash; (b) check; (c) consideration received by the Company under a cashless exercise program implemented by the Company in connection with the Plan; or (d) surrender of other shares of Common Stock which (i) in the case of shares of Common Stock acquired upon exercise of an option, have been owned by you for more than six (6) months on the date of surrender, and (ii) have a fair market value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares. View More
Found in Grom Social Enterprises, Inc. contract
Exercise of Option. (a) Right to Exercise. This Option shall be exercisable during its term in accordance with the Vesting Vesting/Exercise Schedule set out in the Notice of Stock Option Grant and with the applicable provisions of Section 10 of the Plan and as follows: (a) Right to Exercise. (i) This Option may not be exercised for a fraction of a share. (ii) In the event of Optionee's death, Disability or other termination of Continuous Service Status, the exercisability of this Option Agreement. is governed by Se...ction 5 below, subject to the limitations contained in this Section 3. (iii) In no event may this Option be exercised after the Expiration Date set forth in the Notice. (b) Method of Exercise. (i) This Option shall be exercisable by execution and delivery of an exercise notice in the form Early Exercise Notice and Restricted Stock Purchase Agreement attached hereto as Exhibit A (the "Exercise Notice") A, the Exercise Agreement attached hereto as Exhibit B or in a manner and pursuant to of any other form of written notice approved for such procedures as purpose by the Administrator may determine, Company which shall state the Optionee's election to exercise the this Option, the number of Shares with in respect to of which the this Option is being exercised (the "Exercised Shares"), exercised, and such other representations and agreements as to the holder's investment intent with respect to such Shares as may be required by the Company. Company pursuant to the provisions of the Plan. Such written notice shall be signed by Optionee and shall be delivered to the Company by such means as are determined by the Plan Administrator in its discretion to constitute adequate delivery. The Exercise Notice written notice shall be accompanied by payment of the aggregate Exercise Price as to all Exercised Shares, together with any applicable tax withholding. This Option shall be deemed to be exercised upon receipt by for the Company of such fully executed Exercise Notice accompanied by payment of the aggregate Exercise Price, together with any applicable tax withholding. No Shares shall be issued pursuant purchased Shares. (ii) As a condition to the exercise of an this Option and as further set forth in Section 12 of the Plan, Optionee agrees to make adequate provision for federal, state or other tax withholding obligations, if any, which arise upon the grant, vesting or exercise of this Option, or disposition of Shares, whether by withholding, direct payment to the Company, or otherwise. (iii) The Company is not obligated, and will have no liability for failure, to issue or deliver any Shares upon exercise of this Option unless such issuance and or delivery would comply with the Applicable Laws, with such compliance determined by the Company in consultation with its legal counsel. This Option may not be exercised until such time as the Plan has been approved by the holders of capital stock of the Company, or if the issuance of such Shares upon such exercise comply with or the method of payment of consideration for such Shares would constitute a violation of any Applicable Laws, including any applicable U.S. federal or state securities laws or any other law or regulation, including any rule under Part 221 of Title 12 of the Code of Federal Regulations as promulgated by the Federal Reserve Board. As a condition to the exercise of this Option, the Company may require Optionee to make any representation and warranty to the Company as may be required by the Applicable Laws. Assuming such compliance, for income tax purposes the Shares shall be considered transferred to Participant Optionee on the date on which the this Option is exercised with respect to such Shares. (iv) Subject to compliance with Applicable Laws, this Option shall be deemed to be exercised upon receipt by the Company of the appropriate written notice of exercise accompanied by the Exercise Price and the satisfaction of any applicable withholding obligations. View More
Found in Pinterest, Inc. contract
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Exercise of Option. Unless a participant withdraws from the Plan as provided in Section 10 hereof, his or her option for the purchase of shares of Common Stock shall be exercised automatically on the Exercise Date, and the maximum number of full shares of Common Stock subject to option shall be purchased for such participant at the applicable Purchase Price with the accumulated payroll deductions in his or her account. No fractional shares shall be purchased; any payroll deductions accumulated in a participant's ac...count which are not sufficient to purchase a full share shall be retained in the participant's account for the subsequent Purchase Period or Offering Period, subject to earlier withdrawal by the participant as provided in Section 10 hereof. Any other monies left over in a participant's account after the Exercise Date shall be returned to the participant. During a participant's lifetime, a participant's option to purchase shares hereunder is exercisable only by him or her. View More
Found in Incyte contract
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Exercise of Option. Unless a participant the Participant withdraws from the Plan as provided in Section 10 hereof, his or her 11, the Participant's option for the purchase of shares of Common Stock shall will be exercised automatically on the each Exercise Date, and the maximum number of full shares of Common Stock subject to such option shall be purchased for such participant the Participant at the applicable Purchase Exercise Price with the accumulated payroll deductions in his or her account. No fractional share...s shall be purchased; any payroll deductions accumulated in a participant's account which are not sufficient to purchase a full share shall be retained in the participant's account for the subsequent Purchase Period or Offering Period, subject to earlier withdrawal by the participant as provided in Section 10 hereof. Any other monies left over in a participant's account after the Exercise Date shall be returned Plan Contributions then credited to the participant. Participant's account under the Plan. During a participant's Participant's lifetime, a participant's Participant's option to purchase shares hereunder is exercisable only by him or her. the Participant. View More
Found in American Outdoor Brands, Inc. contract
Exercise of Option. Unless a participant withdraws from the Plan as provided in Section 10 hereof, his or her option A Participant's Option for the purchase of shares of Common Stock Shares shall be exercised automatically on the Exercise Date, and the maximum number of full shares of Common Stock Shares subject to option the Option shall be purchased for such participant Participant at the applicable Purchase Price with the accumulated payroll deductions in his or her account. Purchase Account. No fractional share...s Shares shall be purchased; any payroll deductions accumulated in a participant's account Participant's Purchase Account which are not sufficient to purchase a full share Share shall be retained in the participant's account Purchase Account for the next subsequent Purchase Period or Offering Period, subject to earlier withdrawal by the participant Participant as provided in Section 10 12 hereof. Any All other monies left over payroll deductions accumulated in a participant's account after the Participant's Purchase Account and not used to purchase Shares on an Exercise Date shall be returned distributed to the participant. Participant. During a participant's Participant's lifetime, a participant's option to purchase shares hereunder Participant's Option is exercisable only by him or her. The Company shall satisfy the exercise of all Participants' Options for the purchase of Shares through (a) the issuance of authorized but unissued Shares, (b) the transfer of treasury Shares, (c) the purchase of Shares on behalf of the applicable Participants on the open market through an independent broker and/or (d) a combination of the foregoing. View More
Found in CDW contract
Exercise of Option. Unless a participant Participant withdraws from the Plan as provided in Section 10 hereof, his or her option 10, the Participant's Option for the purchase of shares of Common Stock shall will be exercised automatically on the each Exercise Date, and the maximum number of full shares of Common Stock subject to option shall be purchased for such participant at the applicable Purchase Price with by applying the accumulated payroll deductions in his or her account. the Participant's account to purch...ase the number of full shares subject to the Option by dividing such Participant's payroll deductions accumulated prior to such Exercise Date and retained in the Participant's account as of the Exercise Date by the applicable Purchase Price. No fractional shares shall will be purchased; any payroll deductions accumulated in a participant's Participant's account which are not sufficient to purchase a full share shall be retained in carried over to the participant's account for the subsequent next Purchase Period or Offering Offer Period, subject whichever applies, or returned to earlier withdrawal by the participant as provided in Section 10 hereof. Any other monies left over Participant, if the Participant withdraws from the Plan. In addition, any amount remaining in a participant's Participant's account after following the purchase of shares on the Exercise Date due to the application of Section 423(b)(8) of the Code or Section 7, shall be returned to the participant. Participant and shall not be carried over to the next Offer Period or Purchase Period. During a participant's Participant's lifetime, a participant's option Participant's Option to purchase shares hereunder is exercisable only by him or her. the Participant. View More
Found in InvenSense Inc contract
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Exercise of Option. (a) Unless a Participant withdraws from the Plan as provided in Section 10, his or her option for the purchase of shares of Common Stock will be exercised automatically on the Exercise Date, and the maximum number of full shares subject to the option will be purchased for such Participant at the applicable Purchase Price with the accumulated Contributions from his or her account. No fractional shares of Common Stock will be purchased; any Contributions accumulated in a Participant's account, whi...ch are not sufficient to purchase a full share will be retained in the Participant's account for the subsequent Purchase Period or Offering Period, subject to earlier withdrawal by the Participant as provided in Section 10. Any other funds left over in a Participant's account after the Exercise Date will be returned to the Participant. During a Participant's lifetime, a Participant's option to purchase shares hereunder is exercisable only by him or her. (b) If the Administrator determines that, on a given Exercise Date, the number of shares of Common Stock with respect to which options are to be exercised may exceed (i) the number of shares of Common Stock that were available for sale under the Plan on the Enrollment Date of the applicable Offering Period, or (ii) the number of shares of Common Stock available for sale under the Plan on such Exercise Date, the Administrator may in its sole discretion (x) provide that the Company will make a pro rata allocation of the shares of Common Stock available for purchase on such Enrollment Date or Exercise Date, as applicable, in as uniform a manner as will be practicable and as it will determine in its sole discretion to be equitable among all Participants exercising options to purchase Common Stock on such Exercise Date, and continue all Offering Periods then in effect or (y) provide that the Company will make a pro rata allocation of the shares available for purchase on such Enrollment Date or Exercise Date, as applicable, in as uniform a manner as will be practicable and as it will determine in its sole discretion to be equitable among all participants exercising options to purchase Common Stock on such Exercise Date, and terminate any or all Offering Periods then in effect pursuant to Section 20. The Company may make a pro rata allocation of the shares available on the Enrollment Date of any applicable Offering Period pursuant to the preceding sentence, notwithstanding any authorization of additional shares for issuance under the Plan by the Company's stockholders subsequent to such Enrollment Date. View More
Found in YODLEE INC contract
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Exercise of Option. (a) Unless a Participant withdraws from the Plan as provided in Section 10, his or her option for the purchase of shares of Common Stock will be exercised automatically on the Exercise Date, and the maximum number of full shares subject to the option will be purchased for such Participant at the applicable Purchase Price with the accumulated Contributions from payroll deductions in his or her account. No fractional shares of Common Stock will be purchased; any Contributions payroll deductions ac...cumulated in a Participant's account, which are not sufficient to purchase a full share will be retained in returned to the Participant's account for the subsequent Purchase Period or Offering Period, subject to earlier withdrawal by the Participant as provided in Section 10. Participant. Any other funds left over in a Participant's account after the Exercise Date will be returned to the Participant. During a Participant's lifetime, a Participant's option to purchase shares hereunder is exercisable only by him or her. (b) If the Administrator determines that, on a given Exercise Date, the number of shares of Common Stock with respect to which options are to be exercised may exceed (i) the number of shares of Common Stock that were available for sale under the Plan on the Enrollment Offering Date of the applicable Offering Period, or (ii) the number of shares of Common Stock available for sale under the Plan on such Exercise Date, the Administrator may in its sole discretion (x) provide that the Company will make a pro rata allocation of the shares of Common Stock available for purchase on such Enrollment Offering Date or Exercise Date, as applicable, in as uniform a manner as will be practicable and as it will determine in its sole discretion to be equitable among all Participants exercising options to purchase Common Stock on such Exercise Date, and continue all Offering Periods then in effect or (y) provide that the Company will make a pro rata allocation of the shares available for purchase on such Enrollment Date or Exercise Date, as applicable, in as uniform a manner as will be practicable and as it will determine in its sole discretion to be equitable among all participants exercising options to purchase Common Stock on such Exercise Date, and terminate any or all Offering Periods then in effect pursuant to Section 20. The Company may make a pro rata allocation of the shares available on the Enrollment Offering Date of any applicable Offering Period pursuant to the preceding sentence, notwithstanding any authorization of additional shares for issuance under the Plan by the Company's stockholders subsequent to such Enrollment Offering Date. View More
Found in Tesla contract
Exercise of Option. (a) Unless a Participant withdraws from the Plan as provided in Section 10, his 10 of the Plan or her otherwise becomes ineligible to participate in the Plan, such Participant's option for the purchase of shares of Common Stock will Shares shall be exercised automatically on the Exercise Date, and the maximum number of full shares Shares subject to the option will shall be purchased for such Participant at the applicable Purchase Price with the accumulated Contributions from payroll deductions i...n his or her account. No fractional shares of Common Stock will Shares shall be purchased; purchased, and any Contributions payroll deductions accumulated in a Participant's account, account which are not sufficient to purchase a full share will Share shall be retained in the such Participant's account for the subsequent Purchase Period or Offering Period, subject to earlier withdrawal by the Participant as provided in Section 10. Any other funds left over in a Participant's account after the Exercise Date will be returned to the Participant. Period. During a Participant's lifetime, a Participant's option to purchase shares Shares hereunder is exercisable only by him or her. such Participant. (b) If the Administrator Committee determines that, on a given Exercise Date, the number of shares of Common Stock Shares with respect to which options are to be exercised may exceed (i) the number of shares of Common Stock Shares that were available for sale under the Plan on the Enrollment Date of the applicable Offering Period, or Period (notwithstanding any authorization of additional Shares for issuance under the Plan by the Company's shareholders subsequent to such Enrollment Date); (ii) the number of shares of Common Stock Shares available for sale under the Plan on such Exercise Date; or (iii) the number of Shares available for sale on such Exercise Date, the Administrator may in its sole discretion (x) Committee shall provide that the Company will (or its designated third-party stock plan administrator) shall make a pro rata allocation of the shares of Common Stock Shares available for purchase on such Enrollment Date or Exercise Date, as applicable, in as uniform a manner as will shall be practicable and as it will shall determine in its sole discretion to be equitable among all Participants exercising options to purchase Common Stock Shares on such Exercise Date, and shall decide, in its sole discretion, to either (x) continue all Offering Periods then in effect or (y) provide that the Company will make a pro rata allocation of the shares available for purchase on such Enrollment Date or Exercise Date, as applicable, in as uniform a manner as will be practicable and as it will determine in its sole discretion to be equitable among all participants exercising options to purchase Common Stock on such Exercise Date, and terminate any or all Offering Periods then in effect pursuant to Section 20 The Company may make of the Plan. In the event of such a pro rata allocation of the shares available on the Enrollment Date of any applicable Offering Period Shares pursuant to this Section 8(b), the preceding sentence, notwithstanding balance of the amount credited to the account of each Participant that has not been applied to the purchase of Shares shall be paid to each such Participant in one lump sum in cash as soon as reasonably practicable after the Exercise Date, without any authorization of additional shares for issuance under the Plan by the Company's stockholders subsequent to such Enrollment Date. interest thereon. View More
Found in Wright Medical Group N.V. contract
Exercise of Option. (a) Unless a Participant withdraws from the Plan as provided in Section 10, his 10 of the Plan or her option otherwise becomes ineligible to participate in the Plan, such Participant's Option for the purchase of shares of Common Stock will Shares shall be exercised automatically on the Exercise Date, and the maximum number of full shares Shares subject to the option will Option shall be purchased for such Participant at the applicable Purchase Price with the accumulated Contributions from payrol...l deductions in his or her account. No fractional shares of Common Stock will Shares shall be purchased; purchased, and any Contributions payroll deductions accumulated in a Participant's account, account which are not sufficient to purchase a full share will Share shall be retained in the such Participant's account for the subsequent Purchase Period or Offering Period, subject to earlier withdrawal by the Participant as provided in Section 10. Any other funds left over in a Participant's account after the Exercise Date will be returned to the Participant. Period. During a Participant's lifetime, a Participant's option Option to purchase shares Shares hereunder is exercisable only by him or her. such Participant. (b) If the Administrator Committee determines that, on a given Exercise Date, the number of shares of Common Stock Shares with respect to which options Options are to be exercised may exceed (i) the number of shares of Common Stock Shares that were available for sale under the Plan on the Enrollment Date of the applicable Offering Period, or Period (notwithstanding any authorization of additional Shares for issuance under the Plan by the Company's stockholders subsequent to such Enrollment Date); (ii) the number of shares of Common Stock Shares available for sale under the Plan on such Exercise Date; or (iii) the number of Shares available for sale on such Exercise Date, the Administrator may in its sole discretion (x) Committee shall provide that the Company will (or its designated third-party stock plan administrator) shall make a pro rata allocation of the shares of Common Stock Shares available for purchase on such Enrollment Date or Exercise Date, as applicable, in as uniform a manner as will shall be practicable and as it will shall determine in its sole discretion to be equitable among all Participants exercising options Options to purchase Common Stock Shares on such Exercise Date, and shall decide, in its 6 sole discretion, to either (x) continue all Offering Periods then in effect or (y) provide that the Company will make a pro rata allocation of the shares available for purchase on such Enrollment Date or Exercise Date, as applicable, in as uniform a manner as will be practicable and as it will determine in its sole discretion to be equitable among all participants exercising options to purchase Common Stock on such Exercise Date, and terminate any or all Offering Periods then in effect pursuant to Section 20 The Company may make of the Plan. In the event of such a pro rata allocation of the shares available on the Enrollment Date of any applicable Offering Period Shares pursuant to this Section 8(b), the preceding sentence, notwithstanding balance of the amount credited to the account of each Participant that has not been applied to the purchase of Shares shall be paid to each such Participant in one lump sum in cash as soon as reasonably practicable after the Exercise Date, without any authorization of additional shares for issuance under the Plan by the Company's stockholders subsequent to such Enrollment Date. interest thereon. View More
Found in Smart Sand, Inc. contract
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Exercise of Option. On or after the vesting of any portion of this Option in accordance with Sections 2 or 11 hereof, and until termination of the right to exercise this Option in accordance with Section 3 above, the portion of this Option that has vested may be exercised in whole or in part by the Optionee (or, after his or her death, by the person designated in Section 5 below) upon delivery of the following to the Company at its principal executive offices: (a)a written notice of exercise which identifies this O...ption Agreement and states the number of Shares then being purchased (but no fractional Shares may be purchased), with any partial exercise being deemed to cover first vested Shares and then the earliest vesting installments of unvested Shares; (b)a check or cash in the amount of the Exercise Price (or payment of the Exercise Price in such other form of lawful consideration as the Administrator may approve from time to time under the provisions of the Plan); (c)a check or cash in the amount reasonably requested by the Company to satisfy the Company's withholding obligations under federal, state or other applicable tax laws with respect to the taxable income, if any, recognized by the Optionee in connection with the exercise of this Option (unless the Company and Optionee shall have made other arrangements for deductions or withholding from Optionee's wages, bonus or other compensation payable to Optionee, or by the withholding of Shares issuable upon exercise of this Option or the delivery of Shares owned by the Optionee in accordance with the provisions of the Plan, provided such arrangements satisfy the requirements of applicable law); and (d)a letter, if requested by the Company, in such form and substance as the Company may require, setting forth the investment intent of the Optionee, or person designated in Section 5 below, as the case may be. View More
Found in AEON Biopharma, Inc. contract
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Exercise of Option. On or after the vesting of any portion of this Option in accordance with Sections 2 or 11 9 hereof, and until termination of the right to exercise this Option in accordance with Section 3 above, the portion of this Option that which has vested may be exercised in whole or in part by the Optionee (or, after his or her death, by the person designated in Section 5 below) upon delivery of the following to the Company at its principal executive offices: (a)a (a) a written notice of exercise which ide...ntifies this Option Agreement and states the number of Shares then being purchased (but no fractional Shares may be purchased), with any partial exercise being deemed to cover first vested Shares and then purchased) unless the earliest vesting installments of unvested Shares; (b)a Company has established other procedures; (b) a check or cash in the amount of the Exercise Price (or payment of the Exercise Price in such other form of lawful consideration as the Administrator may approve from time to time under the provisions of Section 5.3 of the Plan); (c)a 2 (c) a check or cash in the amount reasonably requested by the Company to satisfy the Company's withholding obligations under federal, state or other applicable tax laws with respect to the taxable income, if any, recognized by the Optionee in connection with the exercise of this Option (unless the Company and Optionee shall have made other arrangements for deductions or withholding from Optionee's wages, bonus or other compensation payable to Optionee, or by the withholding of Shares issuable upon exercise of this Option or the delivery of Shares owned by the Optionee in accordance with the provisions Section 13.1 of the Plan, provided such arrangements satisfy the requirements of applicable law); tax laws); and (d)a (d) a letter, if requested by the Company, in such form and substance as the Company may require, setting forth the investment intent of the Optionee, or person designated in Section 5 below, as the case may be. View More
Found in RespireRx Pharmaceuticals Inc. contract
Exercise of Option. On or after the vesting of any portion of this Option in accordance with Sections 2 or 11 9 hereof, and until termination of the right to exercise this Option in accordance with Section 3 above, the portion of this Option that which has vested may be exercised in whole or in part by the Optionee (or, after his or her death, by the person designated in Section 5 6 below) upon delivery of the following to the Company at its principal executive offices: (a)a a) a written notice of exercise which id...entifies this Option Agreement and states the number of Shares then being purchased (but no fractional Shares may be purchased), with any partial exercise being deemed to cover first vested Shares and then the earliest vesting installments of unvested Shares; (b)a he purchased); b) a check or cash in the amount of the Exercise Price (or payment of the Exercise Price in such other form of lawful consideration as the Administrator may approve from time to time under the provisions of the Plan); (c)a c) a check or cash in the amount reasonably requested by the Company to satisfy the Company's withholding obligations under federal, state or other applicable tax laws with respect to the taxable income, if any, recognized by the Optionee in connection with the exercise of this Option (unless the Company and Optionee shall have made other arrangements for deductions or withholding from Optionee's wages, bonus or other compensation payable to Optionee, or by the withholding of Shares issuable upon exercise of this Option or the delivery of Shares owned by the Optionee in accordance with the provisions of the Plan, provided such arrangements satisfy the requirements of applicable law); tax laws); and (d)a letter, if requested by the Company, in such form and substance as d) any agreement, statement or other evidence that the Company may require, setting forth require to satisfy itself that the investment intent issuance of Shares upon exercise of the Optionee, Option (and any subsequent resale of the Shares) will be in compliance with applicable laws and regulations. The Shares issued upon exercise of the Option shall be transferred to Optionee on the records of the Company or person designated of the transfer agent upon compliance to the satisfaction of the Administrator with all requirements under applicable laws or regulations in Section 5 below, connection with such transfer and with the requirements of this Agreement and the Plan. The determination of the Administrator as the case may be. to such compliance shall be final and binding on Optionee. View More
Found in NuZee, Inc. contract
Exercise of Option. (a) General. On or after the vesting of any portion of this Option in accordance with Sections 2 or 11 10 hereof, and until termination of the right to exercise this Option in accordance with Section 3 above, 3, the portion of this Option that has vested may be exercised in whole or in part by the Optionee (or, after his or her death, by the person designated in pursuant to Section 5 below) 5) upon delivery of the following to the Company at its principal executive offices: (a)a written notice (...i) Notice of exercise Exercise of Stock Option and Investment Representations, in the form attached as Exhibit A to this Option Agreement, which identifies this Option Agreement and Agreement, states the number of Shares then being purchased, and sets forth the investment intent of the Optionee or person designated pursuant to Section 5, as the case may be; (ii) payment of the total Exercise Price for the Shares being purchased (but no fractional Shares in accordance with Section 4(b); and (iii) payment of any applicable withholding taxes in accordance with Section 4(c) below. (b) Payment of Exercise Price. The Optionee may be purchased), with any partial exercise being deemed elect to cover first vested Shares and then the earliest vesting installments of unvested Shares; (b)a check or cash in the amount of pay the Exercise Price (or payment by any of the following methods of payment: (i) cash or check; (ii) Subject to the approval of the Administrator at the time of exercise and restrictions under applicable law, a "net exercise" arrangement pursuant to which the Company will reduce the number of Shares to be issued upon exercise by the number of Shares having an aggregate Fair Market Value as of the date of exercise equal to the total Exercise Price. The Shares used to pay the Exercise Price under this "net exercise" provision shall be considered to have resulted from the exercise of this Option, and accordingly, this Option will not again be exercisable with respect to such Shares, as well as any Shares actually delivered to Optionee; (iii) Subject to the approval of the Administrator at the time of exercise and restrictions under applicable law, delivery of Shares already owned by Optionee having an aggregate Fair Market Value as of the date of exercise equal to the total Exercise Price. "Delivery" for these purposes, in the sole discretion of the Administrator at the time of exercise, shall include delivery to the Company of the certificate(s) representing the Shares or Optionee's attestation of ownership of such Shares in a form approved by the Administrator; (iv) such other form of lawful consideration as may be approved by the Administrator may approve from time to time under to the provisions extent permitted by applicable law; or (v) any combination of the Plan); (c)a foregoing. (c) Withholding. At the time of exercise of this Option, Optionee shall deliver to the Company a check or cash in the amount reasonably requested by the Company to satisfy the Company's withholding obligations under federal, state or other applicable tax laws with respect to the taxable income, if any, recognized by the Optionee in connection with the exercise of this Option (unless the Option. The Company and Optionee shall have made other arrangements for deductions the authority and the right to deduct or withholding withhold, or require Participant to remit to the Company, an amount sufficient to satisfy federal, state, local and foreign taxes (including Participant's employment tax obligation) required by law to be withheld with respect to any taxable event concerning Participant arising as a result of this Option or otherwise under this Agreement, including, without limitation, the authority to deduct such amounts from Optionee's wages, bonus or other compensation payable to Optionee, or Participant by the withholding Company or, with the consent of the Administrator, the authority to reduce the number of Shares issuable to be issued upon exercise of this Option or (so long as such withholding will not result in adverse accounting consequences to the delivery of Shares owned by the Optionee in accordance with the provisions of the Plan, Company), provided such arrangements satisfy the requirements of applicable law); and (d)a letter, if requested law (with any such withholding based on the minimum statutory withholding rates (or such other rate as may be determined by the Company, in such form and substance as the Company may require, setting forth the investment intent of the Optionee, after considering any accounting consequences or person designated in Section 5 below, as the case may be. costs). View More
Found in Crinetics Pharmaceuticals, Inc. contract
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Exercise of Option. Subject to the provisions of Section 9 through Section 12 of the Plan, each Option granted under the Plan shall be exercisable as follows: (a) the Option shall either be fully exercisable on the date of grant or shall become exercisable thereafter in such installments as the Committee may specify; (b) once an installment becomes exercisable it shall remain exercisable until expiration or termination of the Option, unless otherwise specified by the Committee; (c) each Option or installment may be... exercised at any time or from time to time, in whole or in part, for up to the total number of shares with respect to which it is then exercisable; and (d) the Committee shall have the right to accelerate the date of exercise of any installment of any Option, provided that the Committee shall not accelerate the exercise date of any installment of any ISO granted to any employee (and not previously converted into an NSO pursuant to Section 18) without the prior consent of such employee if such acceleration would violate the annual vesting limitation contained in Section 422 of the Code, as described in Section 6(c). View More
Found in Candel Therapeutics, Inc. contract
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Exercise of Option. Subject to the provisions of Section 9 through Section 12 of the Plan, each Option granted under the Plan shall be exercisable as follows: (a) the Option shall either be fully exercisable on the date of grant or Options shall become exercisable thereafter in such installments as the Board or Committee may specify; specify, subject to the limitations set forth in Section 2(b)(vi) above; (b) once an installment becomes exercisable it shall remain exercisable until expiration or termination of the ...Option, unless otherwise specified by the Board or Committee; (c) each Option or installment may be exercised at any time or from time to time, in whole or in part, for up to the total number of shares with respect to which it is then exercisable; and 6 (d) the Board or Committee shall have the right to accelerate the date of exercise of any installment of any Option, provided that the Board or Committee shall not accelerate the exercise date of any installment of any ISO granted to any employee (and not previously converted into an NSO pursuant to Section 18) 17) without the prior consent of such employee if such acceleration would violate the annual vesting limitation contained in Section 422 of the Code, as described in Section 6(c). View More
Found in Benefitfocus,Inc. contract
Exercise of Option. Subject to the provisions of Section 9 through Section 12 of the Plan, each Option granted under the Plan shall be exercisable as follows: (a) the Option shall either be fully exercisable on the date of grant or shall become exercisable thereafter in such installments as the Committee may specify; (b) once an installment becomes exercisable it shall remain exercisable until expiration or termination of the Option, unless otherwise specified by the Committee; (c) each Option or installment may be... exercised at any time or from time to time, in whole or in part, for up to the total number of shares with respect to which it is then exercisable; and (d) the Committee shall have the right to accelerate the date of exercise of any installment of any Option, provided that the Committee shall not accelerate the exercise date irrespective of any installment of any ISO granted to any employee (and not previously converted into an NSO pursuant to Section 18) without the prior consent of such employee if whether such acceleration would violate cause the Option to exceed the annual vesting limitation contained in Section 422 of the Code, as described in Section 6(c). 6(c); (e) the Committee may, but need not, include a provision in an agreement evidencing an Option whereby the grantee may elect at any time during his/her Continuous Service to exercise any part or all of the Option prior to its vesting, and in such case any shares received pursuant to such exercise of the unvested portion of the Option will be subject to a repurchase right in favor of the Company or to any other restriction the Company determines to be appropriate. View More
Found in Fathom Holdings Inc. contract
Exercise of Option. Subject to the provisions of Section 9 through Section 12 of the Plan, each Option granted under the Plan shall be exercisable as follows: (a) the (a)the Option shall either be fully exercisable on the date of grant or shall become exercisable thereafter in such installments as the Committee may specify; (b) once (b)once an installment becomes exercisable it shall remain exercisable until expiration or termination of the Option, unless otherwise specified by the Committee; (c) each (c)each Optio...n or installment may be exercised at any time or from time to time, in whole or in part, for up to the total number of shares with respect to which it is then exercisable; and (d) the (d)the Committee shall have the right to accelerate the date of exercise of any installment of any Option, provided that the Committee shall not accelerate the exercise date irrespective of any installment of any ISO granted to any employee (and not previously converted into an NSO pursuant to Section 18) without the prior consent of such employee if whether such acceleration would violate cause the Option to exceed the annual vesting limitation contained in Section 422 of the Code, as described in Section 6(c). 6(c), (e)the Committee may, but need not, include a provision in an agreement evidencing an Option whereby the grantee may elect at any time during his/her Continuous Service to exercise any part or all of the Option prior to its vesting, and in such case any shares received pursuant to such exercise of the unvested portion of the Option will be subject to a repurchase right in favor of the Company or to any other restriction the Company determines to be appropriate. View More
Found in KeyStar Corp. contract
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Exercise of Option. The Options shall be exercised by (a) written notice directed to the Secretary of the Company or his or her designee at the address and in the form specified by the Secretary from time to time and (b) payment to the Company in full for the Shares subject to such exercise (unless the exercise is a broker-assisted cashless exercise, as described below). If the person exercising an Option is not Optionee, such person shall also deliver with the notice of exercise appropriate proof of his or her rig...ht to exercise the Option. Payment for such Shares shall be in (a) cash, (b) Shares previously acquired by the purchaser, which have been held by the purchaser for such period of time, if any, as necessary to avoid variable accounting for the Option, or (c) any combination thereof, for the number of Shares specified in such written notice. The value of surrendered Shares for this purpose shall be the Fair Market Value as of the last trading day immediately prior to the exercise date. To the extent permitted under Regulation T of the Federal Reserve Board, and subject to applicable securities laws and any limitations as may be applied from time to time by the Committee (which need not be uniform), the Options may be exercised through a broker in a so-called "cashless exercise" whereby the broker sells the Option Shares on behalf of Optionee and delivers cash sales proceeds to the Company in payment of the exercise price. In such case, the date of exercise shall be deemed to be the date on which notice of exercise is received by the Company and the exercise price shall be delivered to the Company by the settlement date. View More
Found in Global Payments Inc. contract
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Exercise of Option. The Options Option shall be exercised by (a) written notice directed to the Corporate Secretary of the Company or his or her designee at the address and in the form specified by the Corporate Secretary from time to time and (b) payment to the Company in full for the Shares subject to such exercise (unless the exercise is a broker-assisted cashless exercise, as described below). If the person exercising an Option is not Optionee, such person shall also deliver with the notice of exercise appropri...ate proof of his or her right to exercise the Option. Payment for such Shares shall be in (a) cash, (b) Shares previously acquired Page 2 Stock Option by the purchaser, which have been held by the purchaser for such period of time, if any, as necessary to avoid variable accounting for the Option, or (c) any combination thereof, for the number of Shares specified in such written notice. The value of surrendered Shares for this purpose shall be the Fair Market Value as of the last trading day immediately prior to the exercise date. Alternatively, the Company may permit Optionee to exercise the Option through a "net" exercise, whereby the Company shall retain from the Option that number of Option shares having a Fair Market Value on the date of exercise equal to some or all of the exercise price. To the extent permitted under Regulation T of the Federal Reserve Board, and subject to applicable securities laws and any limitations as may be applied from time to time by the Committee (which need not be uniform), the Options Option may be exercised through a broker in a so-called "cashless exercise" whereby the broker sells the Option Shares on behalf of Optionee and delivers cash sales proceeds to the Company in payment of the exercise price. In such case, the date of exercise shall be deemed to be the date on which notice of exercise is received by the Company and the exercise price shall be delivered to the Company by the settlement date. View More
Found in Roper Technologies contract
Exercise of Option. The Options shall be exercised by (a) written notice directed to the Secretary Global Stock Department of the Company or his or her its designee at the address and in the form specified by the Secretary Company from time to time and (b) payment to the Company in full for the Shares subject to such exercise (unless the exercise is a broker-assisted cashless exercise, as described below). If the person exercising an Option is not Optionee, such person shall also deliver with the notice of exercise... appropriate proof of his or her right to exercise the Option. Payment for such Shares shall be may be, in (a) cash, (b) Shares previously acquired by the purchaser, which have been held by the purchaser for such period (c) withholding of time, if any, as necessary to avoid variable accounting for Shares from the Option, or (c) (d) any combination thereof, for the number of Shares specified in such written notice. The value of surrendered or withheld Shares for this purpose shall be the Fair Market Value as of the last trading day immediately prior to the exercise date. To the extent permitted under Regulation T of the Federal Reserve Board, and subject to applicable securities laws and any limitations as may be applied from time to time by the Committee (which need not be uniform), the Options may be exercised through a broker in a so-called "cashless exercise" whereby the broker sells the Option Shares on behalf of Optionee and delivers cash sales proceeds to the Company in payment of the exercise price. In such case, the date of exercise shall be deemed to be the date on which notice of exercise is received by the Company and the exercise price shall be delivered to the Company by the settlement date. View More
Found in Micron Technology contract
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Exercise of Option. (a) Right to Exercise. This Option may be exercised only before its Expiration Date and only under the Plan and this Agreement. (b) Method of Exercise. To exercise this Option, the Participant must deliver and the Administrator must receive an exercise notice according to procedures determined by the Administrator. The exercise notice must: (i) state the number of Shares as to which this Option is being exercised ("Exercised Shares"), (ii) make any representations or agreements required by the C...ompany, (iii) be accompanied by a payment of the total exercise price for all Exercised Shares, and (iv) be accompanied by a payment of all required Tax-Related Items (defined in Section 8(a) of this Agreement) for all Exercised Shares. The Option is exercised when both the exercise notice and payments due under Sections 6(b)(iii) and 6(b)(iv) have been received by the Company for all Exercised Shares. The Administrator may designate a particular exercise notice to be used, but until a designation is made, the exercise notice attached to this Agreement as Exhibit C may be used. View More
Found in Cloudflare, Inc. contract
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Exercise of Option. (a) Right (a)Right to Exercise. This Option may be exercised only before its Expiration Date and only under the Plan and this Agreement. (b) Method (b)Method of Exercise. To exercise this Option, the Participant must deliver and the Administrator must receive an exercise notice according to procedures determined by the Administrator. The exercise notice must: (i) state (i)State the number of Shares as to which this the Option is being exercised ("Exercised Shares"), (ii) make Shares"),33Exhibit ...10.1 (ii)Make any representations or agreements required by the Company, (iii) be (iii)Be accompanied by a payment of the total exercise price Exercise Price for all Exercised Shares, and (iv) be (iv)Be accompanied by a payment of all required Tax-Related Items (defined in Section 8(a) of this Agreement) 8(a)) for all Exercised Shares. The Option is exercised when (v)On the date that both the exercise notice Exercise Notice and payments due under Sections 6(b)(iii) and 6(b)(iv) have been are received by the Company for all Exercised Shares. Shares, the Option will be deemed exercised. The Administrator may designate a particular exercise notice to be used, but until a designation is made, made the exercise notice attached to this Agreement as Exhibit C may be used. View More
Found in Sunrun Inc. contract
Exercise of Option. (a) 7.1 Right to Exercise. This Option may be exercised only before its Expiration Date and only under the Plan and this Agreement. (b) 7.2 Method of Exercise. To exercise this Option, the Participant must deliver and the Administrator must receive an exercise notice according to procedures determined by the Administrator. The exercise notice must: (i) (a) state the number of Shares as to which this Option is being exercised ("Exercised Shares"), (ii) (b) make any representations or agreements r...equired by the Company, (iii) (c) be accompanied by a payment of the total exercise price for all Exercised Shares, and (iv) (d) be accompanied by a payment of all required Tax-Related Items (defined in Section 8(a) of this Agreement) Tax Withholdings for all Exercised Shares. The This Option is exercised when both the exercise notice and payments due under Sections 6(b)(iii) and 6(b)(iv) have been received by the Company for all Exercised Shares. The Administrator may designate a particular exercise notice to be used, but until a designation is made, the exercise notice attached to this Agreement as Exhibit C may be used. View More
Found in Thorne Healthtech, Inc. contract
Exercise of Option. (a) Right to Exercise. This Option may be exercised only before its Expiration Date and only under the Plan and this Agreement. (b) Method of Exercise. To exercise this Option, the Participant must deliver and the Administrator must receive an exercise notice according to procedures determined by the Administrator. The exercise notice must: must (i) state the number of Shares as to which this Option is being exercised ("Exercised Shares"), (ii) make any representations or agreements required by ...the Company, (iii) be accompanied by a payment of the total exercise price for all Exercised Shares, and (iv) be accompanied by a payment of all required Tax-Related Items (defined in Section 8(a) of this Agreement) Tax Withholdings for all Exercised Shares. The This Option is exercised when both the exercise notice and payments due under Sections 6(b)(iii) and 6(b)(iv) have been received by the Company for all Exercised Shares. The Administrator may designate a particular exercise notice to be used, but until a designation is made, the exercise notice attached to this Agreement as Exhibit C may be used. View More
Found in Udemy, Inc. contract
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Exercise of Option. Subject to the terms of the Plan and this Agreement, the Option shall vest and become exercisable on the date or dates, and subject to such conditions, as are set forth on Schedule A. To the extent that the Option is exercisable but is not exercised, the Option shall accumulate and be exercisable by the Participant in whole or in part at any time prior to expiration of the Option, subject to the terms of the Plan and this Agreement. The minimum number of Shares that may be purchased under the Op...tion at one time shall be ten (10). The total number of shares that may be acquired upon exercise of the Option shall be rounded down to the nearest whole share. The Participant expressly acknowledges that the Option shall vest and be exercisable only upon such terms and conditions as are provided in this Agreement (including the terms set forth in Schedule A) and the Plan. Upon the exercise of the Option in whole or in part and payment of the Option Price in accordance with the provisions of the Plan and this Agreement, the Corporation shall, as soon thereafter as practicable, deliver to the Participant a certificate or certificates (or, in the case of uncertificated shares, other written notice of ownership in accordance with Applicable Laws) for the Shares purchased. Payment of the Option Price may be made in the form of cash or cash equivalent; provided that, except where prohibited by the Administrator and/or Applicable Laws (and subject to any terms and conditions that may be established by the Administrator), payment may also be made (i) by delivery (by either actual delivery or attestation) of shares of Common Stock owned by the Participant; (ii) by shares of Common Stock withheld upon exercise but only if and to the extent that payment by such method does not result in variable accounting or other accounting consequences deemed unacceptable to the Corporation; (iii) by delivery of written notice of exercise to the Corporation and delivery to a broker of written notice of exercise and irrevocable instructions to promptly deliver to the Corporation the amount of sale or loan proceeds to pay the Option Price; (iv) by such other payment methods as may be approved by the Administrator and which are acceptable under Applicable Laws; or (v) by any combination of the foregoing methods. Shares tendered or withheld in payment on the exercise of the Option shall be valued at their Fair Market Value on the date of exercise, as determined in accordance with the provisions of the Plan. View More
Found in CHARLES & COLVARD LTD contract
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Exercise of Option. Subject to the terms of the 2020 Plan and this Agreement, the Option shall vest and become exercisable on the date or dates, and subject to such conditions, as are set forth on Schedule A. To the extent that the Option is exercisable but is not exercised, the Option shall accumulate and be exercisable by the Participant in whole or in part at any time prior to expiration of the Option, subject to the terms of the 2020 Plan and this Agreement. The minimum number of Shares that may be purchased un...der the Option at one time shall be ten (10). The total number of shares that may be acquired upon exercise of the Option shall be rounded down to the nearest whole share. The Participant expressly acknowledges that the Option shall vest and be exercisable only upon such terms and conditions as are provided in this Agreement (including the terms set forth in Schedule A) and the 2020 Plan. Upon the exercise of the Option in whole or in part and payment of the Option Price in accordance with the provisions of the 2020 Plan and this Agreement, the Corporation shall, as soon thereafter as practicable, deliver to the Participant a certificate or certificates (or, in the case of uncertificated shares, other written notice of ownership in accordance with Applicable Laws) Law) for the Shares purchased. Payment of the Option Price may be made in the form of cash or cash equivalent; provided that, and, except where prohibited by the Administrator and/or or Applicable Laws Law (and subject to any such terms and conditions that as may be established by the Administrator), payment may also be made (i) by delivery (by either actual delivery or attestation) of shares of Common Stock owned by the Participant; Participant for such time period, if any, as may be determined by the Administrator; (ii) by shares of Common Stock withheld upon exercise but only if and to the extent that payment by such method does not result in variable accounting or other accounting consequences deemed unacceptable to the Corporation; exercise; (iii) by delivery of written notice of exercise to the Corporation and delivery to a broker of written notice of exercise and irrevocable instructions to promptly deliver to the Corporation the amount of sale or loan proceeds to pay the Option Price; (iv) by such other payment methods as may be approved by the Administrator and which are acceptable under Applicable Laws; or Law; and/or (v) by any combination of the foregoing methods. Shares tendered delivered or withheld in payment on the exercise of the Option Price shall be valued at their Fair Market Value on the date of exercise, as determined in accordance with the provisions terms of the 2020 Plan. View More
Found in GeoVax Labs, Inc. contract
Exercise of Option. Subject to the terms of the Plan and this Agreement, the Option shall vest and become exercisable on the date or dates, and subject to such conditions, as are dates set forth on Schedule A. A attached hereto. To the extent that the Option is exercisable but is not exercised, the Option shall accumulate and be exercisable by the Participant in whole Updated February 2016 or in part at any time prior to expiration of during the Option, Option Period, subject to the terms of the Plan and this Agree...ment. The minimum number of Shares that may be purchased under the Option at one time shall be ten (10). The total number of shares that may be acquired upon exercise of the Option shall be rounded down to the nearest whole share. The Participant expressly acknowledges that the Option shall may vest and be exercisable only upon such terms and conditions as are provided in this Agreement (including the terms set forth in Schedule A) and the Plan. Upon the exercise of the Option in whole or in part and part, payment of the Option Price in accordance with the provisions of the Plan and this Agreement, and satisfaction of such other conditions as may be established by the Corporation shall, Administrator or this Agreement, the Company shall as soon thereafter as practicable, practicable deliver to the Participant a certificate or certificates (or, in the case of uncertificated shares, other written notice of ownership in accordance with Applicable Laws) for the Shares purchased. Payment of the Option Price may be made in the form of cash or cash equivalent; provided that, except Except where prohibited by the Administrator and/or or Applicable Laws Law (and subject to any such terms and conditions that as may be established by the Administrator), payment of the Option Price may also be made (i) made: (a) in cash or cash equivalent; (b) if the Participant is resident in the U.S., by delivery (by either actual delivery or attestation) of shares of Common Stock owned by the Participant; (ii) Participant for such time period, if any, as may be determined by shares of Common Stock the Administrator; (c) if the Participant is resident in the U.S., by Shares withheld upon exercise but only if and to the extent that payment by such method does not result in variable accounting or other accounting consequences deemed unacceptable to the Corporation; (iii) exercise; (d) by delivery of written notice of exercise to the Corporation Company and delivery to a broker of written notice of exercise and irrevocable instructions to promptly deliver to the Corporation Company the amount of sale or loan proceeds to pay the Option Price; (iv) or (e) by such other payment methods as may be approved by the Administrator and which are acceptable under Applicable Laws; or (v) by any a combination of the foregoing methods. Shares tendered delivered or withheld in payment on the exercise of the Option Price shall be valued at their Fair Market Value on the date of exercise, as determined in accordance with the provisions exercise. The total number of Shares that may be acquired upon exercise of the Plan. Option shall be rounded down to the nearest whole Share. View More
Found in Qorvo contract
Exercise of Option. Subject to the terms of the Plan and this Agreement, the Option shall vest and become exercisable on the date or dates, and subject to such conditions, as are dates set forth on Schedule A. A attached hereto. To the extent that the Option is exercisable but is not exercised, the Option shall accumulate and be exercisable by the Participant in whole or in part at any time prior to expiration of the an Option, subject to the terms of the Plan and this Agreement. The minimum number Participant expr...essly acknowledges that the Option may vest and be exercisable only upon such terms and conditions as are provided in this Agreement and the Plan. Upon the exercise of Shares that an Option in whole or in part, payment of the Option Price in accordance with the provisions of the Plan and this Agreement, and satisfaction of such other conditions as may be purchased under established by the Administrator or this Agreement, including, but not limited to, payment of any withholding taxes or similar amounts pursuant to Section 9(a) of this Agreement, the Company shall as soon thereafter as practicable (and no more than thirty (30) days thereafter) deliver to the Participant a certificate or certificates for the Shares purchased. Except where prohibited by the Administrator or Applicable Law (and subject to such terms and conditions as may be established by the Administrator), payment of the Option at one time Price shall be ten (10). made in the form of cash or cash equivalent. The total number of shares Shares that may be acquired upon exercise of the Option shall be rounded down to the nearest whole share. The Participant expressly acknowledges that the Option shall vest and be exercisable only upon such terms and conditions as are provided in this Agreement (including the terms set forth in Schedule A) and the Plan. Upon the exercise of the Option in whole or in part and payment of the Option Price in accordance with the provisions of the Plan and this Agreement, the Corporation shall, as soon thereafter as practicable, deliver to the Participant a certificate or certificates (or, in the case of uncertificated shares, other written notice of ownership in accordance with Applicable Laws) for the Shares purchased. Payment of the Option Price may be made in the form of cash or cash equivalent; provided that, except where prohibited by the Administrator and/or Applicable Laws (and subject to any terms and conditions that may be established by the Administrator), payment may also be made (i) by delivery (by either actual delivery or attestation) of shares of Common Stock owned by the Participant; (ii) by shares of Common Stock withheld upon exercise but only if and to the extent that payment by such method does not result in variable accounting or other accounting consequences deemed unacceptable to the Corporation; (iii) by delivery of written notice of exercise to the Corporation and delivery to a broker of written notice of exercise and irrevocable instructions to promptly deliver to the Corporation the amount of sale or loan proceeds to pay the Option Price; (iv) by such other payment methods as may be approved by the Administrator and which are acceptable under Applicable Laws; or (v) by any combination of the foregoing methods. Shares tendered or withheld in payment on the exercise of the Option shall be valued at their Fair Market Value on the date of exercise, as determined in accordance with the provisions of the Plan. View More
Found in STREAMLINE HEALTH SOLUTIONS INC. contract
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Exercise of Option. Subject to the limitations set forth in Section 6 of the Plan and this Section 10, with respect to each Option Period, on the applicable Exercise Date, each Participant will be deemed to have exercised his or her Option and the accumulated payroll deductions in the Participant's Account will be applied to purchase the greatest number of shares of Stock (rounded down to the nearest whole share) that can be purchased with such Account balance at the applicable Purchase Price; provided, however, th...at no more than 1,500 shares of Stock may be purchased by a Participant on any Exercise Date, or such lesser number as the Administrator may prescribe in accordance with Section 423 (the "Maximum Share Limit"). As soon as practicable thereafter, shares of Stock so purchased will be placed, in book-entry form, into a record keeping account in the name of the Participant. No fractional shares will be purchased pursuant to the exercise of an Option under the Plan; any accumulated payroll deductions in a Participant's Account that are not sufficient to purchase a whole share will be retained in the Participant's Account for the subsequent Option Period, subject to earlier withdrawal by the Participant as provided in Section 13 hereof. -3- (b) Return of Account Balance. Except as provided in Section 10(a) above with respect to fractional shares, any accumulated amount of payroll deductions in a Participant's Account for an Option Period that are not used for the purchase of shares of Stock, whether because of the Participant's withdrawal from participation in an Option Period or for any other reason, will be returned to the Participant (or his or her designated beneficiary or legal representative, as applicable), without interest, as soon as administratively practicable after such withdrawal or other event, as applicable. If the Participant's accumulated payroll deductions on the Exercise Date of an Option Period would otherwise enable the Participant to purchase shares of Stock in excess of the Maximum Share Limit or the maximum Fair Market Value set forth in Section 6 of the Plan, the excess of the amount of the accumulated payroll deductions over the aggregate Purchase Price of the shares of Stock actually purchased will be returned to the Participant, without interest, as soon as administratively practicable after such Exercise Date. View More
Found in Foghorn Therapeutics Inc. contract
Exercise of Option. Subject to the limitations set forth in Section 6 of the Plan 6(b) and this Section 10, with respect to 10(a), on each Option Period, on the applicable Exercise Date, each Participant will be deemed to have exercised his or her Option and the accumulated payroll deductions in the Participant's Account will be applied to purchase the greatest number of shares of Stock (rounded down to the nearest whole share) that can be purchased with such Account balance at the applicable Purchase Price; provid...ed, however, that no more than 1,500 Price. In connection with each Option Period, the Administrator may specify (i) a maximum number of shares of Stock that may be purchased by a any Participant on any Exercise Date, or Date for such lesser Option Period, (ii) a maximum aggregate number as the Administrator of shares of Stock that may prescribe in accordance with Section 423 (the be purchased by all Participants -3- pursuant to such Option Period and/or (iii) a maximum aggregate number of shares of Stock that may be purchased by all Participants on any Exercise Date for an Option Period (any such maximum, a "Maximum Share Limit"). If the aggregate purchase of shares of Stock issuable upon an Exercise Date for an Option Period would exceed any such maximum aggregate number, then, in the absence of any action by the Administrator otherwise, a pro rata (based on each Participant's accumulated payroll deductions in the Participant's Account) allocation of the shares of Stock (rounded down to the nearest whole share) available will be made in as nearly a uniform manner as will be practicable and equitable. As soon as practicable thereafter, the shares of Stock so purchased will be placed, in book-entry form, into a record keeping recordkeeping account in the name of the Participant. No fractional shares will be purchased pursuant to the exercise of an Option under the Plan; any Any accumulated payroll deductions in a Participant's Account that are not sufficient to purchase a whole share of Stock will be retained in the Participant's Account for the subsequent Option Period, subject to earlier withdrawal by the Participant as provided in Section 13. hereof. -3- (b) Return of Account Balance. Except as provided in Section 10(a) subsection (a) above with respect to fractional shares, any accumulated amount of payroll deductions in a Participant's Account for an Option Period that are not used for the to purchase of shares of Stock, whether because of the Participant's withdrawal from participation in an Option Period or for any other reason, will be returned to the Participant (or his or her designated beneficiary or legal representative, as applicable), without interest, as soon as administratively practicable after such withdrawal or other event, as applicable. If the Participant's accumulated payroll deductions on the Exercise Date of an Option Period would otherwise enable the Participant to purchase shares of Stock in excess of the Maximum Share Limit or the maximum Fair Market Value limits set forth in Section 6 of the Plan, 6(b), the excess of the amount of the accumulated payroll deductions over the aggregate Purchase Price of the shares of Stock actually purchased will be returned to the Participant, without interest, as soon as administratively practicable after such Exercise Date. View More
Found in TransMedics Group, Inc. contract
Exercise of Option. Subject to the limitations set forth in Section 6 of the Plan and this Section 10, with respect to each Option Offering Period, on the applicable Exercise Purchase Date, each Participant will be deemed to have exercised his or her Option and the accumulated payroll deductions in the Participant's Account will be applied to purchase the greatest number of shares of Stock (rounded down to the nearest whole share) that can be purchased with such Account balance at the applicable Purchase Price; Pri...ce (which may include a fractional share); provided, however, that no more than 1,500 one hundred (100) shares of Stock may be purchased by a Participant on any Exercise Purchase Date, or such lesser other number as the Administrator may prescribe in accordance with Section 423 (the "Maximum Share Limit"). As soon as practicable thereafter, shares of Stock so purchased will be placed, in book-entry form, into a record keeping account in the name of the Participant. No fractional shares will be purchased pursuant to the exercise of an Option under the Plan; any accumulated payroll deductions in a Participant's Account that are not sufficient to purchase a whole share will be retained in the Participant's Account for the subsequent Option Period, subject to earlier withdrawal by the Participant as provided in Section 13 hereof. -3- (b) Return of Account Balance. Except as provided in Section 10(a) above with respect to fractional shares, any Any accumulated amount of payroll deductions in a Participant's Account for an Option Offering Period that are not used for the purchase of shares of Stock, whether because of the Participant's withdrawal from participation in an Option Offering Period or for any other reason, will be returned to the Participant (or his or her designated beneficiary or legal representative, as applicable), without interest, as soon as administratively practicable after such withdrawal or other event, as applicable. If the Participant's accumulated payroll deductions on the Exercise Purchase Date of an Option Offering Period would otherwise enable the Participant to purchase shares of Stock in excess of the Maximum Share Limit or the maximum Fair Market Value set forth in Section 6 of the Plan, the excess of the amount of the accumulated payroll deductions over the aggregate Purchase Price of the shares of Stock actually purchased will be returned to the Participant, without interest, as soon as administratively practicable after such Exercise Purchase Date. View More
Found in LPL Financial Holdings Inc. contract
Exercise of Option. Subject to the limitations set forth in Section 6 of the Plan and this Section 10, with respect to each Option Period, on the applicable Exercise Date, each Participant will be deemed to have exercised his or her Option and the accumulated payroll deductions in the Participant's Account will be applied to purchase the greatest number of shares of Stock (rounded down to the nearest whole share) that can be purchased with such Account balance at the applicable Purchase Price; provided, however, th...at no more than 1,500 4,000 shares of Stock may be purchased by a Participant on any Exercise Date, or such lesser number as the Administrator may prescribe in accordance with Section 423 (the "Maximum Share Limit"). As soon as practicable thereafter, shares of Stock so purchased will be placed, in book-entry form, into a record keeping recordkeeping account in the name of the Participant. No fractional shares of Stock will be purchased pursuant to the exercise of an Option under the Plan; any accumulated payroll deductions in a Participant's Account that are not sufficient to purchase a whole share of Stock will be retained in the Participant's Account for the subsequent Option Period, subject to earlier withdrawal by the Participant as provided in Section 13. hereof. -3- (b) Return of Account Balance. Except as provided in Section 10(a) above with respect to fractional shares, any accumulated amount of payroll deductions in a Participant's Account for an Option Period that are is not used for the purchase of shares of Stock, whether because of the Participant's withdrawal from participation in an Option Period or for any other reason, will be returned to the Participant (or his or her designated beneficiary or legal representative, as applicable), without interest, as soon as administratively practicable after such withdrawal or other event, as applicable. If To the extent the Administrator has not previously acted under Section 7(c), if the Participant's accumulated payroll deductions on the Exercise Date of an Option Period would otherwise enable the Participant to purchase shares of Stock in excess of the Maximum Share Limit or the maximum Fair Market Value limits set forth in Section 6 of the Plan, 6, the excess of the amount of the accumulated payroll deductions over the aggregate Purchase Price of the shares of Stock actually purchased will be returned to the Participant, without interest, as soon as administratively practicable after such Exercise Date. Date.11. INTERESTNo interest will be payable on any amount held in the Account of any Participant. -6- 12. TAXESPayroll deductions will be made on an after-tax basis. The Administrator will have the right, as a condition to exercising an Option, to make such provision as it deems necessary to satisfy the Company's obligations to withhold federal, state, local or other taxes incurred by reason of the purchase or disposition of shares of Stock under the Plan. In the Administrator's discretion and subject to applicable law, such tax obligations may be satisfied in whole or in part by delivery of shares of Stock to the Company, including shares of Stock purchased under the Plan, valued at Fair Market Value, but not in excess of the maximum withholding amount consistent with the award being subject to equity accounting treatment under Financial Accounting Standards Board Accounting Standards Codification Topic 718, or any successor provision. View More
Found in Mersana Therapeutics, Inc. contract
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Exercise of Option. Subject to Section 4, the vested and exercisable portion of this Option may be exercised in whole or in part at any time during the Option term by delivering a written notice of exercise to the Company's Chief Financial Officer or to such other party as may be designated by such officer, and by providing for payment of the exercise price of the Shares being acquired and any related withholding taxes. The notice of exercise must be in a form approved by the Company and state the number of Shares ...to be purchased, the method of payment of the aggregate exercise price and the directions for the delivery of the Shares to be acquired, and must be signed or otherwise authenticated by the person exercising the Option. If you are not the person exercising the Option, the person submitting the notice also must submit appropriate proof of his/her right to exercise the Option. 2 6.Payment of Exercise Price. When you submit your notice of exercise, you must include payment of the exercise price of the Shares being purchased through one or a combination of the following methods: (a)cash (including personal check, cashier's check or money order); (b)by means of a broker-assisted cashless exercise in which you irrevocably instruct your broker to deliver proceeds of a sale of all or a portion of the Shares to be issued pursuant to the exercise to the Company in payment of the exercise price of such Shares; or (c)by delivery to the Company of Shares (by actual delivery or attestation of ownership in a form approved by the Company) already owned by you that are not subject to any security interest and that have an aggregate Fair Market Value on the date of exercise equal to the exercise price of the Shares being purchased. However, if the Committee determines, in any given circumstance, that payment of the exercise price with Shares is undesirable for any reason, you will not be permitted to pay any portion of the exercise price in that manner. View More
Found in NEXEON MEDSYSTEMS INC contract
Exercise of Option. Subject to Section 4, the vested and exercisable portion of this Option may be exercised in whole or in part at any time during the Option term by delivering a written or electronic notice of exercise to the Company's Chief Financial Officer Corporate Secretary or to such other party as may be designated by such officer, and by providing for payment of the exercise price of the Shares being acquired and any related withholding taxes. The notice of exercise must be in a form approved by the Compa...ny and state the number of Shares to be purchased, the method of payment of the aggregate exercise price and the directions for the delivery of the Shares to be acquired, and must be signed or otherwise authenticated by the person exercising the Option. If you are not the person exercising the Option, the person submitting the notice also must submit appropriate proof of his/her right to exercise the Option. 2 6.Payment of Exercise Price. When you submit your notice of exercise, you must include payment of the exercise price of the Shares being purchased through one or a combination of the following methods: (a)cash (including personal check, cashier's check or money order); (b)by means of a broker-assisted cashless exercise in which you irrevocably instruct your broker to deliver proceeds of a sale of all or a portion of the Shares to be issued pursuant to the exercise to the Company in payment of the exercise price of such Shares; or (c)by delivery to the Company of Shares (by actual delivery or attestation of ownership in a form approved by the Company) already owned by you that are not subject to any security interest and that have an aggregate Fair Market Value on the date of exercise equal to the exercise price of the Shares being purchased. However, if the Committee determines, in any given circumstance, that payment of the exercise price with Shares is undesirable for any reason, you will not be permitted to pay any portion of the exercise price in that manner. View More
Found in AV Homes, Inc. contract
Exercise of Option. Subject to Section 4, the vested and exercisable portion of this Option may be exercised in whole or in part at any time during the Option term by delivering a written or electronic notice of exercise to the Company's Chief Financial Officer or to such other party as may be designated by such officer, and by providing for payment of the exercise price of the Shares being acquired and any related withholding taxes. acquired. The notice of exercise must be in a form approved by the Company and sta...te the number of Shares to be purchased, the method of payment of the aggregate exercise price and the directions for the delivery of the Shares to be acquired, and must be signed or otherwise authenticated by the person exercising the Option. If you are not the person exercising the Option, the person submitting the notice also must submit appropriate proof of his/her right to exercise the Option. 2 6.Payment of Exercise Price. When you submit your notice of exercise, you must include payment of the exercise price of the Shares being purchased through one or a combination of the following methods: (a)cash (including personal check, cashier's check or money order); (b)by means of a broker-assisted cashless exercise in which you irrevocably instruct your broker to deliver proceeds of a sale of all or a portion of the Shares to be issued pursuant to the exercise to the Company in payment of the exercise price of such Shares; or (c)by delivery to the Company of Shares (by actual delivery or attestation of ownership in a form approved by the Company) already owned by you that are not subject to any security interest and that have an aggregate Fair Market Value on the date of exercise equal to the exercise price of the Shares being purchased. However, if the Committee determines, in any given circumstance, that payment of the exercise price with Shares is undesirable for any reason, you will not be permitted to pay any portion of the exercise price in that manner. View More
Found in MOBIVITY HOLDINGS CORP. contract
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