General Clause Example with 42 Variations from Business Contracts
This page contains General 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.
General. (a) Successor to and Continuation of Prior Plan. The Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Equity Incentive Plan (the "Prior Plan"). Following the Effective Date, no additional stock awards may be granted under the Prior Plan. Any unallocated shares remaining available for issuance pursuant to the exercise of options or issuance or settlement of stock awards not previously granted under the Prior Plan as of 12:01 a.m. Pacific time on the Effective... Date (the "Prior Plan's Available Reserve") will cease to be available under the Prior Plan at such time and will be added to the Share Reserve (as further described in Section 3(a) below) and be then immediately available for issuance pursuant to Stock Awards granted hereunder. In addition, from and after 12:01 a.m. Pacific time on the Effective Date, all outstanding stock awards granted under the Prior Plan will remain subject to the terms of the Prior Plan; provided, however, that any shares subject to outstanding stock awards granted under the Prior Plan that (i) expire or terminate for any reason prior to exercise or settlement; (ii) are forfeited, cancelled or otherwise returned to the Company because of the failure to meet a contingency or condition required to vest such shares; or (iii) are reacquired, withheld (or not issued) to satisfy a tax withholding obligation in connection with an award or to satisfy the purchase price or exercise price of a stock award (the "Returning Shares") will immediately be added to the Share Reserve (as further described in Section 3(a) below) as and when such shares become Returning Shares, and become available for issuance pursuant to Awards granted hereunder. All Awards granted on or after 12:01 a.m. Pacific time on the Effective Date will be subject to the terms of this Plan. (b) Eligible Award Recipients. Employees, Directors and Consultants are eligible to receive Awards under the Plan. (c) Available Awards. The Plan provides for the grant of the following types of Awards: (i) Incentive Stock Options, (ii) Nonstatutory Stock Options, (iii) Stock Appreciation Rights, (iv) Restricted Stock Awards, (v) Restricted Stock Unit Awards, (vi) Performance Stock Awards, (vii) Performance Cash Awards, and (viii) Other Stock Awards. (d) Purpose. The Plan, through the granting of Awards, is intended to help the Company secure and retain the services of eligible award recipients, provide incentives for such persons to exert maximum efforts for the success of the Company and any Affiliate and provide a means by which the eligible recipients may benefit from increases in value of the Common Stock.View More
Variations of a "General" Clause from Business Contracts
General. (a) Successor to and Continuation of Prior Plan. The This Dextera Surgical Inc. 2016 Equity Incentive Plan (the "Plan") is intended as the successor to and continuation of the MannKind Corporation 2004 Dextera Surgical Inc. 2005 Equity Incentive Plan (the "Prior Plan"). Plan") which expired on October 12, 2015 (the "Prior Plan Expiration Date"). Following the Effective Prior Plan Expiration Date, no additional stock awards may shall be granted under the Prior Plan. Any unallocated shares remaini...ng available for issuance pursuant to the exercise of options or issuance or settlement of stock awards not previously granted under From and after the Prior Plan as of 12:01 a.m. Pacific time on the Effective Date (the "Prior Plan's Available Reserve") will cease to be available under the Prior Plan at such time and will be added to the Share Reserve (as further described in Section 3(a) below) and be then immediately available for issuance pursuant to Stock Awards granted hereunder. In addition, from and after 12:01 a.m. Pacific time on the Effective Expiration Date, all outstanding stock awards granted under the Prior Plan will shall remain subject to the terms of the Prior Plan; provided, however, that any shares subject to outstanding stock awards granted under the Prior Plan that (i) expire or terminate for any reason prior to exercise or settlement; (ii) settlement or are forfeited, cancelled or otherwise returned to the Company forfeited because of the failure to meet a contingency or condition required to vest such shares; or (iii) are reacquired, withheld (or not issued) to satisfy a tax withholding obligation shares, in connection with an award or to satisfy each case following the purchase price or exercise price of a stock award Prior Plan Expiration Date (the "Returning Shares") will immediately be added to the Share Reserve (as further described in Section 3(a) below) as and when such shares become Returning Shares, and Shares"), shall become available for issuance pursuant to Awards granted hereunder. All Awards granted on or after 12:01 a.m. Pacific time on the Effective Date will of this Plan shall be subject to the terms of this Plan. (b) Eligible Award Recipients. Employees, Directors and Consultants are eligible to receive Awards under the Plan. Awards. (c) Available Awards. The Plan provides for the grant of the following types of Awards: (i) Incentive Stock Options, (ii) Nonstatutory Stock Options, (iii) Stock Appreciation Rights, (iv) Restricted Stock Awards, (v) Restricted Stock Unit Awards, (vi) Performance Stock Awards, (vii) Performance Cash Awards, and (viii) Other Stock Awards. (d) Purpose. The Plan, through the granting of Awards, is intended to help the Company secure and retain the services of eligible award recipients, provide incentives for such persons to exert maximum efforts for the success of the Company and any Affiliate and provide a means by which the eligible recipients may benefit from increases in value of the Common Stock. View More
General. (a) Successor to and Continuation of Prior Plan. The This Cardica, Inc. 2016 Equity Incentive Plan (the "Plan") is intended as the successor to and continuation of the MannKind Corporation 2004 Cardica, Inc. 2005 Equity Incentive Plan (the "Prior Plan"). Plan") which expired on October 12, 2015 (the "Prior Plan Expiration Date"). Following the Effective Prior Plan Expiration Date, no additional stock awards may shall be granted under the Prior Plan. Any unallocated shares remaining available for... issuance pursuant to the exercise of options or issuance or settlement of stock awards not previously granted under From and after the Prior Plan as of 12:01 a.m. Pacific time on the Effective Date (the "Prior Plan's Available Reserve") will cease to be available under the Prior Plan at such time and will be added to the Share Reserve (as further described in Section 3(a) below) and be then immediately available for issuance pursuant to Stock Awards granted hereunder. In addition, from and after 12:01 a.m. Pacific time on the Effective Expiration Date, all outstanding stock awards granted under the Prior Plan will shall remain subject to the terms of the Prior Plan; provided, however, that any shares subject to outstanding stock awards granted under the Prior Plan that (i) expire or terminate for any reason prior to exercise or settlement; (ii) settlement or are forfeited, cancelled or otherwise returned to the Company forfeited because of the failure to meet a contingency or condition required to vest such shares; or (iii) are reacquired, withheld (or not issued) to satisfy a tax withholding obligation shares, in connection with an award or to satisfy each case following the purchase price or exercise price of a stock award Prior Plan Expiration Date (the "Returning Shares") will immediately be added to the Share Reserve (as further described in Section 3(a) below) as and when such shares become Returning Shares, and Shares"), shall become available for issuance pursuant to Awards granted hereunder. All Awards granted on or after 12:01 a.m. Pacific time on the Effective Date will of this Plan shall be subject to the terms of this Plan. (b) Eligible Award Recipients. Employees, Directors and Consultants are eligible to receive Awards under the Plan. Awards. (c) Available Awards. The Plan provides for the grant of the following types of Awards: (i) Incentive Stock Options, (ii) Nonstatutory Stock Options, (iii) Stock Appreciation Rights, (iv) Restricted Stock Awards, (v) Restricted Stock Unit Awards, (vi) Performance Stock Awards, (vii) Performance Cash Awards, and (viii) Other Stock Awards. (d) Purpose. The Plan, through the granting of Awards, is intended to help the Company secure and retain the services of eligible award recipients, provide incentives for such persons to exert maximum efforts for the success of the Company and any Affiliate and provide a means by which the eligible recipients may benefit from increases in value of the Common Stock. View More
General. (a) Successor to and Continuation of Prior Plan. The Plan is intended as the successor to and continuation of the MannKind eASIC Corporation 2004 Equity Incentive 2001 Stock Option Plan (the "Prior Plan"). Following the Effective Date, no additional stock awards may shall be granted under the Prior Plan. Any unallocated shares remaining available for future issuance pursuant to the exercise of options or issuance or settlement of stock awards not previously granted under the Prior Plan as of 12:...01 a.m. Pacific time on the Effective Date (the "Prior Plan's Available Reserve") will cease to be available under the Prior Plan at such time and will be added to the Share Reserve (as further described in Section 3(a) below) and be then immediately shall become available for issuance pursuant to Stock Awards granted hereunder. In addition, from From and after 12:01 a.m. Pacific time on the Effective Date, all outstanding stock awards granted under the Prior Plan will shall remain subject to the terms of the Prior Plan; provided, however, that any shares subject to underlying outstanding stock awards granted under the Prior Plan that (i) expire or terminate for any reason prior to exercise or settlement; (ii) settlement or are forfeited, cancelled or otherwise returned to the Company forfeited because of the failure to meet a contingency or condition required to vest such shares; or (iii) are reacquired, withheld (or not issued) to satisfy a tax withholding obligation in connection with an award or to satisfy the purchase price or exercise price of a stock award shares (the "Returning Shares") will immediately be added to the Share Reserve (as further described in Section 3(a) below) as and when such shares become Returning Shares, and shall become available for issuance pursuant to Awards granted hereunder. All Awards granted on or after 12:01 a.m. Pacific time on the Effective Date will of this Plan shall be subject to the terms of this Plan. (b) Eligible Stock Award Recipients. The persons eligible to receive Stock Awards are Employees, Directors and Consultants are eligible to receive Awards under the Plan. Consultants. (c) Available Stock Awards. The Plan provides for the grant of the following types of Stock Awards: (i) Incentive Stock Options, (ii) Nonstatutory Stock Options, (iii) Stock Appreciation Rights, (iv) Restricted Stock Awards, and (v) Restricted Stock Unit Awards, (vi) Performance Stock Awards, (vii) Performance Cash Awards, and (viii) Other Stock Awards. (d) Purpose. The Plan, through the granting of Awards, is intended to help the Company secure and retain the services of eligible award recipients, provide incentives for such persons to exert maximum efforts for the success of the Company and any Affiliate and provide a means by which the eligible recipients may benefit from increases in value of the Common Stock.View More
General. (a) Successor to and Continuation of Prior Plan. The Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Cavium, Inc. 2007 Equity Incentive Plan (the "Prior Plan"). Following the Effective Date, no additional stock awards may be granted under the Prior Plan. Any unallocated shares remaining available for issuance pursuant to the exercise of options or issuance or settlement of stock awards not previously granted under the Prior Plan as of 12:01 a.m. Pacific tim...e on the Effective Date (the "Prior Plan's Available Reserve") will cease to be available under the Prior Plan at such time and will be added to the Share Reserve (as further described in Section 3(a) below) and be then immediately available for issuance pursuant to Stock Awards granted hereunder. In addition, from From and after 12:01 a.m. Pacific time Eastern Time on the Effective Date, all outstanding stock awards granted under the Prior Plan will remain subject to the terms of the Prior Plan; provided, however, that any the following shares of Common Stock subject to any outstanding stock awards award granted under the Prior Plan (collectively, the "Prior Plan Returning Shares") will immediately be added to the Share Reserve (as defined in Section 3(a)(i)) as and when such shares become Prior Plan Returning Shares and become available for issuance pursuant to Awards granted under this Plan: (i) any shares subject to such stock award that (i) expire are not issued because such stock award or terminate for any reason prior to exercise or settlement; (ii) are forfeited, cancelled portion thereof expires or otherwise returned terminates without all of the shares covered by such stock award having been issued; (ii) any shares subject to such stock award that are not issued because such stock award or any portion thereof is settled in cash; and (iii) any shares issued pursuant to such stock award that are forfeited back to or repurchased by the Company because of the failure to meet a contingency or condition required to vest for the vesting of such shares; or (iii) are reacquired, withheld (or not issued) to satisfy a tax withholding obligation in connection with an award or to satisfy the purchase price or exercise price of a stock award (the "Returning Shares") will immediately be added to the Share Reserve (as further described in Section 3(a) below) as and when such shares become Returning Shares, and become available for issuance pursuant to Awards granted hereunder. shares. All Awards granted on or after 12:01 a.m. Pacific time Eastern Time on the Effective Date will be subject to the terms of this Plan. (b) Eligible Award Recipients. Subject to Section 4, Employees, Directors and Consultants are eligible to receive Awards under the Plan. Awards. (c) Available Awards. The Plan provides for the grant of the following types of Awards: (i) Incentive Stock Options, Options; (ii) Nonstatutory Stock Options, Options; (iii) Stock Appreciation Rights, Rights; (iv) Restricted Stock Awards, Awards; (v) Restricted Stock Unit Awards, Awards; (vi) Performance Stock Awards, Awards; (vii) Performance Cash Awards, Awards; and (viii) Other Stock Awards. (d) Purpose. The Plan, through the granting of Awards, is intended to help the Company secure and retain the services of eligible award recipients, provide incentives for such persons to exert maximum efforts for the success of the Company and any Affiliate and provide a means by which the eligible recipients such persons may benefit from increases in value of the Common Stock. View More
General. (a) Successor to and Continuation of Prior Plan. The Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Equity Incentive High Throughput Genomics, Inc. 2001 Stock Option Plan (the "Prior Plan"). Following the Effective Date, no additional stock awards may shall be granted under the Prior Plan. Any unallocated shares remaining available for future issuance pursuant to the exercise of options or issuance or settlement of stock awards not previously granted under... the Prior Plan as of 12:01 a.m. Pacific time on the Effective Date (the "Prior Plan's Available Reserve") will cease to be available under the Prior Plan at such time and will be added to the Share Reserve (as further described in Section 3(a) below) and be then immediately shall become available for issuance pursuant to Stock Awards granted hereunder. In addition, from From and after 12:01 a.m. Pacific time on the Effective Date, all outstanding stock awards granted under the Prior Plan will shall remain subject to the terms of the Prior Plan; provided, however, that any shares subject to underlying outstanding stock awards granted under the Prior Plan that (i) expire or terminate for any reason prior to exercise or settlement; (ii) settlement or are forfeited, cancelled or otherwise returned to the Company forfeited because of the failure to meet a contingency or condition required to vest such shares; or (iii) are reacquired, withheld (or not issued) to satisfy a tax withholding obligation in connection with an award or to satisfy the purchase price or exercise price of a stock award shares (the "Returning Shares") will immediately be added to the Share Reserve (as further described in Section 3(a) below) as and when such shares become Returning Shares, and shall become available for issuance pursuant to Stock Awards granted hereunder. All Stock Awards granted on or after 12:01 a.m. Pacific time on the Effective Date will of this Plan shall be subject to the terms of this Plan. (b) Eligible Stock Award Recipients. The persons eligible to receive Stock Awards are Employees, Directors and Consultants are eligible to receive Awards under the Plan. Consultants. (c) Available Stock Awards. The Plan provides for the grant of the following types of Stock Awards: (i) Incentive Stock Options, (ii) Nonstatutory Stock Options, (iii) Stock Appreciation Rights, (iv) Restricted Stock Awards, (v) Restricted Stock Unit Awards, Awards and (vi) Performance Stock Awards, (vii) Performance Cash Awards, and (viii) Other Stock Awards. (d) Purpose. The Company, by means of the Plan, through the granting of Awards, is intended seeks to help the Company secure and retain the services of the group of persons eligible award recipients, to receive Stock Awards as set forth in Section 1(b), to provide incentives for such persons to exert maximum efforts for the success of the Company and any Affiliate Affiliate, and to provide a means by which the such eligible recipients may be given an opportunity to benefit from increases in value of the Common Stock. Stock through the granting of Stock Awards. View More
General. (a) Successor to and Continuation Status of Prior Plan. The Plan is intended as a new equity incentive plan that is separate from the successor to ZIOPHARM Oncology, Inc. Amended and continuation of the MannKind Corporation 2004 Equity Incentive Restated 2003 Stock Option Plan (the "Prior Plan"). Following the Effective Date, no additional stock awards may be granted under the Prior Plan. Any unallocated shares remaining available for issuance pursuant of Common Stock that are set aside under th...e Prior Plan's share reserve but which are not subject to the exercise of options or issuance or settlement of any outstanding stock awards not previously granted under the Prior Plan as of 12:01 a.m. Pacific time Eastern Standard Time on the Effective Date (the "Prior Plan's Available Reserve") will cease to be available for use under the Prior Plan at such time and will be added to the this Plan's Share Reserve (as further described in Section 3(a) below) 3(a)) and be then immediately available for issuance pursuant to Stock Awards granted hereunder. Awards. In addition, from and after 12:01 a.m. Pacific time Eastern Standard Time on the Effective Date, all outstanding stock awards granted under the Prior Plan will remain subject to the terms of the Prior Plan; provided, however, that any shares subject to outstanding stock awards granted under the Prior Plan that (i) expire or terminate for any reason prior to exercise or settlement; (ii) are forfeited, cancelled or otherwise returned to the Company because of the failure to meet a contingency or condition required to vest such shares; or (iii) are reacquired, withheld (or not issued) to satisfy a tax withholding obligation in connection with an award or to satisfy the purchase price or exercise price of a stock award (the "Returning Shares") will immediately be added to the Share Reserve (as further described in Section 3(a) below) as and when such shares become Returning Shares, and become available for issuance pursuant to Awards granted hereunder. Plan. All Awards granted on or after 12:01 a.m. Pacific time Eastern Standard Time on the Effective Date of this Plan will be subject to the terms of this Plan. (b) Eligible Award Recipients. Employees, Directors and Consultants are eligible to receive Awards under the Plan. Awards. (c) Available Awards. The Plan provides for the grant of the following types of Awards: (i) Incentive Stock Options, Options; (ii) Nonstatutory Stock Options, Options; (iii) Stock Appreciation Rights, Rights; (iv) Restricted Stock Awards, Awards; (v) Restricted Stock Unit Awards, Awards; (vi) Performance Stock Awards, (vii) Performance Cash Awards, Awards; and (viii) Other Stock Awards. (d) Purpose. The Plan, through the granting of Awards, is intended to help the Company secure and retain the services of eligible award recipients, provide incentives for such persons to exert maximum efforts for the success of the Company and any Affiliate and provide a means by which the eligible recipients may benefit from increases in value of the Common Stock. View More
General. (a) Successor (a)Successor to and Continuation of Prior Plan. The Plans. (i)The Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Nina Biotherapeutics, Inc. 2012 Equity Incentive Plan (the Plan, the Pinta Biotherapeutics, Inc. 2012 Equity Incentive Plan, and the Santa Maria Biotherapeutics 2012 Equity Incentive Plan, as amended (collectively, the "Prior Plan"). Following Plans"). From and after 12:01 a.m. Pacific time on the Original Effective Date, no additi...onal stock awards may will be granted under the Prior Plan. Any unallocated shares remaining available for issuance pursuant to the exercise of options or issuance or settlement of Plans. All stock awards not previously granted under the Prior Plan Plans remain subject to the terms of the Prior Plans. All Awards granted on or after 12:01 a.m. Pacific Time on the Original Effective Date are subject to the terms of this Plan. (ii)Any shares that would otherwise remain available for future grants under any of the Prior Plans as of 12:01 a.m. Pacific time Time on the Original Effective Date (the "Prior Plan's Available Reserve") will cease ceased to be available under the Prior Plan Plans at such time and will be time. Instead, that number of shares of Common Stock equal to the number of shares of the Company then available for future grants under the Prior Plans (the "Prior Plans' Available Reserve") was added to the Share Reserve (as further described in Section 3(a) below) and be then became immediately available for grants and issuance pursuant to Stock Awards granted hereunder. In addition, from under this Plan, up to the maximum number set forth in Section 3(a) below. (iii)From and after 12:01 a.m. Pacific time on the Original Effective Date, all outstanding stock awards granted under the Prior Plan will remain subject a number of shares of Common Stock equal to the terms total number of the Prior Plan; provided, however, that any shares of common stock subject to outstanding stock awards granted under the Prior Plan Plans that (i) (A) expire or terminate for any reason prior to exercise or settlement; (ii) settlement, (B) are forfeited, cancelled or otherwise returned to the Company forfeited because of the failure to meet a contingency or condition required to vest such shares; shares or (iii) repurchased at the original issuance price, or (C) are reacquired, otherwise reacquired or are withheld (or not issued) to satisfy a tax withholding obligation in connection with an award or to satisfy the purchase price or exercise price of a stock award (the "Returning Shares") will immediately be added to the Share Reserve (as further described in Section 3(a) below) as and when such shares become Returning Shares, Shares (up to the maximum number set forth in Section 3(a)), and become available for issuance pursuant to Stock Awards granted hereunder. All Awards granted on or after 12:01 a.m. Pacific time on the Effective Date will be subject to the terms of this Plan. (b) Eligible (b)Eligible Award Recipients. Employees, Directors and Consultants are eligible to receive Awards under the Plan. (c) Available Awards. (c)Available Awards. The Plan provides for the grant of the following types of Awards: (i) Incentive Stock Options, Options; (ii) Nonstatutory Stock Options, Options; (iii) Stock Appreciation Rights, Rights; (iv) Restricted Stock Awards, Awards; (v) Restricted Stock Unit Awards, Awards; (vi) Performance Stock Awards, Awards; (vii) Performance Cash Awards, Awards; and (viii) Other Stock Awards. (d) Purpose. The (d)Purpose. This Plan, through the granting of Awards, is intended to help the Company secure and retain the services of eligible award recipients, provide incentives for such persons to exert maximum efforts for the success of the Company and any Affiliate and provide a means by which the eligible recipients may benefit from increases in value of the Common Stock. View More
General. (a) Successor to and Continuation of Prior Plan. The Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Equity Incentive EnerNOC, Inc. Amended and Restated 2007 Employee, Director and Consultant Stock Plan (the "Prior Plan"). Following the Effective Date, no additional stock awards may be granted under the Prior Plan. Any unallocated shares remaining available for issuance pursuant to the exercise of options or issuance or settlement of stock awards not previo...usly granted grant under the Prior Plan as of 12:01 a.m. Pacific Eastern time on the Effective Date (the "Prior Plan's Plan Available Reserve") will cease to be available under the Prior Plan at such time and will be added to the Share Reserve (as further described in Section 3(a) below) 3(a)) and be then immediately available for grant and issuance pursuant to Stock Awards granted hereunder. under this Plan. In addition, from and after 12:01 a.m. Pacific Eastern time on the Effective Date, all outstanding stock awards granted under the Prior Plan or the EnerNOC, Inc. Amended and Restated 2003 Stock Option and Incentive Plan (the "2003 Plan") will remain subject to the terms of the Prior Plan; Plan or the 2003 Plan, as applicable; provided, however, that any shares of Common Stock subject to outstanding stock awards granted under the Prior Plan or the 2003 Plan that (i) expire or otherwise terminate for any reason prior to exercise or settlement; without all of the shares covered by such award having been issued, (ii) are forfeited, cancelled settled in cash, (iii) are forfeited back to or otherwise returned to repurchased by the Company because of the failure to meet a contingency or condition required to vest for the vesting of such shares; shares, (iv) are reacquired or (iii) are reacquired, withheld (or not issued) by the Company to satisfy the exercise or purchase price of an award (including any shares that are not delivered because such award is exercised through a reduction of shares subject to such award (i.e., "net exercised")), or (v) are reacquired or withheld (or not issued) by the Company to satisfy a tax withholding obligation in connection with an award or to satisfy (collectively, the purchase price or exercise price of a stock award (the "Returning Shares") will immediately be added to the Share Reserve (as further described in Section 3(a) below) 3(a)) as and when such shares become Returning Shares, Shares and become available for issuance pursuant to Awards granted hereunder. All Awards granted on or after 12:01 a.m. Pacific Eastern time on the Effective Date will be subject to the terms of this Plan. (b) Eligible Award Recipients. Employees, Directors and Consultants are eligible to receive Awards under the Plan. Awards. (c) Available Awards. The Plan provides for the grant of the following types of Awards: (i) Incentive Stock Options, Options; (ii) Nonstatutory Stock Options, Options; (iii) Stock Appreciation Rights, Rights; (iv) Restricted Stock Awards, Awards; (v) Restricted Stock Unit Awards, Awards; (vi) Performance Stock Awards, Awards; (vii) Performance Cash Awards, Awards; and (viii) Other Stock Awards. (d) Purpose. The Plan, through the granting of Awards, is intended to help the Company secure and retain the services of eligible award recipients, provide incentives for such persons to exert maximum efforts for the success of the Company and any Affiliate and provide a means by which the eligible recipients may benefit from increases in value of the Common Stock. View More
General. (a) Successor to and Continuation of Prior Plan. The Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Yelp! 2011 Equity Incentive Plan Plan, as amended (the "Prior Plan"). Following From and after 12:01 a.m. Pacific time on the Effective Date, no additional stock awards may will be granted under the Prior Plan. All Awards granted on or after 12:01 a.m. Pacific Time on the Effective Date will be granted under this Plan. All stock awards granted under the Prio...r Plan will remain subject to the terms of the Prior Plan. (i) Any unallocated shares remaining that would otherwise remain available for issuance pursuant to the exercise of options or issuance or settlement of stock awards not previously granted future grants under the Prior Plan as of 12:01 a.m. Pacific time Time on the Effective Date (the "Prior Plan's Available Reserve") will cease to be available under the Prior Plan at such time and time. Instead, that number of shares of Common Stock equal to the Prior Plan's Available Reserve will be added to the Share Reserve (as further described in Section 3(a) below) and be then immediately available for grants and issuance pursuant to Stock Awards granted hereunder. hereunder, up to the maximum number set forth in Section 3(a) below. (ii) In addition, from and after 12:01 a.m. Pacific time on the Effective Date, all outstanding stock awards granted under the Prior Plan will remain subject with respect to the terms aggregate number of the Prior Plan; provided, however, that any shares subject subject, at such time, to outstanding stock awards granted under either the Prior Plan or the Yelp! Inc. Amended and Restated 2005 Equity Incentive Plan that (i) expire or terminate would, but for any reason prior to exercise or settlement; (ii) are forfeited, cancelled or otherwise returned the operation of this sentence, subsequently return to the Company because share reserve of the failure Prior Plan by operation of Sections 1(a) and 3(a) of the Prior Plan (such shares the "Returning Shares"), such shares will not return to meet a contingency or condition required the reserve of the Prior Plan, and instead that number of shares of Common Stock equal to vest such shares; or (iii) are reacquired, withheld (or not issued) to satisfy a tax withholding obligation in connection with an award or to satisfy the purchase price or exercise price of a stock award (the "Returning Shares") Returning Shares will immediately be added to the Share Reserve (as further described in Section 3(a) below) as and when the such shares become a share becomes a Returning Shares, and become available for issuance pursuant to Awards granted hereunder. All Awards granted on or after 12:01 a.m. Pacific time on the Effective Date will be subject Share, up to the terms of this Plan. maximum number set forth in Section 3(a) below. (b) Eligible Award Recipients. Employees, Directors and Consultants are eligible to receive Awards under the Plan. awards. (c) Available Awards. The Plan provides for the grant of the following types of Awards: (i) Incentive Stock Options, (ii) Nonstatutory Stock Options, (iii) Stock Appreciation Rights, Rights (iv) Restricted Stock Awards, (v) Restricted Stock Unit Awards, (vi) Performance Stock Awards, (vii) Performance Cash Awards, and (viii) Other Stock Awards. (d) Purpose. The This Plan, through the granting of Awards, is intended to help the Company secure and retain the services of eligible award recipients, provide incentives for such persons to exert maximum efforts for the success of the Company and any Affiliate Affiliate, and provide a means by which the eligible recipients may benefit from increases in value of the Common Stock. View More
General. (a) Successor to and Continuation of Prior Plan. The Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Equity GlobeImmune, Inc. 2002 Stock Incentive Plan (the "Prior Plan"). Following From and after 12:01 a.m. Mountain Time on the Effective Date, no additional stock awards may be granted under the Prior Plan. All Awards granted on or after 12:01 a.m. Mountain Time on the Effective Date will be granted under this Plan. All stock awards granted under the Prior ...Plan will remain subject to the terms of the Prior Plan. (i) Any unallocated shares remaining that would otherwise remain available for issuance pursuant to the exercise of options or issuance or settlement of stock awards not previously granted future grants under the Prior Plan as of 12:01 a.m. Pacific time Mountain Time on the Effective Date (the "Prior Plan's Available Reserve") will cease to be available under the Prior Plan at such time and time. Instead, that number of shares of Common Stock equal to the Prior Plan's Available Reserve will be added to the Share Reserve (as further described in Section 3(a) below) and be then immediately available for grants and issuance pursuant to Stock Awards granted hereunder. hereunder, up to the maximum number set forth in Section 3(a) below. (ii) In addition, from and after 12:01 a.m. Pacific time Mountain Time on the Effective Date, all outstanding stock awards granted under the Prior Plan will remain subject to the terms of the Prior Plan; provided, however, that any shares subject to outstanding stock awards granted under the Prior Plan that (i) expire or terminate would, but for any reason prior to exercise or settlement; (ii) are forfeited, cancelled or otherwise returned the operation of this sentence, subsequently return to the Company because share reserve of the failure to meet a contingency or condition required to vest such shares; or (iii) are reacquired, withheld (or not issued) to satisfy a tax withholding obligation in connection with an award or to satisfy the purchase price or exercise price of a stock award Prior Plan under its terms (the "Returning Shares") such shares will not return to the reserve of the Prior Plan, and instead that number of shares of Common Stock equal to the Returning Shares will immediately be added to the Share Reserve (as further described in Section 3(a) below) as and when such shares become the share becomes a Returning Shares, and become available for issuance pursuant to Awards granted hereunder. All Awards granted on or after 12:01 a.m. Pacific time on the Effective Date will be subject Share, up to the terms of this Plan. maximum number set forth in Section 3(a) below. (b) Eligible Award Recipients. Employees, Directors and Consultants are eligible to receive Awards under the Plan. Awards. (c) Available Awards. The Plan provides for the grant of the following types of Awards: (i) Incentive Stock Options, (ii) Nonstatutory Stock Options, (iii) Stock Appreciation Rights, Rights (iv) Restricted Stock Awards, (v) Restricted Stock Unit Awards, (vi) Performance Stock Awards, (vii) Performance Cash Awards, and (viii) Other Stock Awards. (d) Purpose. The Plan, through the granting of Awards, is intended to help the Company secure and retain the services of eligible award recipients, provide incentives for such persons to exert maximum efforts for the success of the Company and any Affiliate and provide a means by which the eligible recipients may benefit from increases in value of the Common Stock. View More
