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 Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Equity Incentive Plan Everbridge, Inc. 2011 Stock Option and Grant Plan, as amended (the "Prior Plan"). Following From and after 12:01 a.m. Eastern 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. Eastern 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 Eastern 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 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 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") will immediately not return to the reserve of the Prior Plan, and instead that number of shares of Common Stock equal to the Returning Shares will 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
General. (a) Successor to and Continuation of Prior Plan. (i) The Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Equity Incentive Plan Scynexis, Inc. 2009 Stock Option Plan, as amended (the "Prior Plan"). Following From and after 12:01 a.m. Eastern time on the Effective Date, no additional stock awards may will be granted under the Prior Plan. All stock awards granted under the Prior Plan remain subject to the terms of the Prior Plan. All Awards granted on or after... 12:01 a.m. Eastern time on the Effective Date will be granted under this Plan. (ii) 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 Eastern time on the Effective Date (the "Prior Plan's Available Reserve") will cease ceased to be available under the Prior Plan at such time and will be time. Instead, that number of shares of Common Stock equal to the number of shares of Common Stock of the Company then available for future grants under the Prior Plan (the "Prior Plan's 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 Eastern time on the 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 subject of Common Stock subject, at such time, to outstanding stock awards options granted under the Prior Plan that (i) (A) expire or terminate for any reason prior to exercise or settlement; (ii) (B) are forfeited, cancelled forfeited or otherwise returned to the Company reacquired because of the failure to meet a contingency or condition required to vest such shares; shares or (iii) are reacquired, repurchased at the original issuance price; or (C) are 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 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, and (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 1. 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 CymaBay Therapeutics, Inc. 2003 Equity Incentive Plan Plan, as amended (the "Prior Plan"). Following the Effective Date, no additional stock awards may be All Awards granted under the Prior Plan. Any unallocated shares remaining available for issuance pursuant to the exercise of options on or issuance or settlement of stock awards not previously granted unde...r the Prior Plan as of after 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 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 under this Plan. All stock awards granted under the Prior Plan will remain subject to the terms of the Prior Plan; provided, however, that any Plan. On or around the Effective Date, the Company filed a an Amended and Restated Certificate of Incorporation to affect a reverse split of its common stock (the "Reverse Split") and all references to the number of shares subject set forth herein are shown on a Reverse Split basis. (i) From and after 12:01 a.m. Pacific time on the Effective Date, with respect to the aggregate number of shares subject, at such time, to outstanding stock awards granted under the Prior Plan that (i) (1) expire or terminate for any reason prior to exercise or settlement; (ii) (2) 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) otherwise return to the Company; or (3) 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 (such 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 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 Plan, through the granting grant 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. (i) The Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Equity Incentive Plan Apollo Endosurgery, Inc. 2006 Stock Plan, as amended (the "Prior Plan"). Following the Effective Date, no additional Plan"), which expired by its terms on May 5, 2016. All 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 settl...ement of stock awards not previously granted under the Prior Plan as remain subject to the terms of the Prior Plan. All Awards granted on or after 12:01 a.m. Pacific time on the Effective Date (the "Prior Plan's Available Reserve") will cease be granted under the Plan. (ii) Any shares that would otherwise have been available for future grants under the Prior Plan ceased to be available under the Prior Plan at such time and will be as of the expiration date of that plan. Instead, that number of shares of Common Stock equal to the number of shares of Common Stock of the Company then available for future grants under the Prior Plan (the "Prior Plan's 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 the 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 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 subject of Common Stock subject, at such time, to outstanding stock awards options granted under the Prior Plan that (i) (A) expire or terminate for any reason prior to exercise or settlement; (ii) (B) are forfeited, cancelled forfeited or otherwise returned to the Company reacquired because of the failure to meet a contingency or condition required to vest such shares; shares or (iii) are reacquired, repurchased at the original issuance price; or (C) are otherwise reacquired or withheld (or not issued) to satisfy a the purchase or exercise price or 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 Stock Award Recipients. Employees, Directors and Consultants are eligible to receive Awards under the Plan. Stock Awards. (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. 1 (d) Purpose. The Plan, through the granting of Stock 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 2010 Equity Incentive Plan Plan, as amended (the "Prior Plan"). Following From and after the Effective IPO Date, no additional stock awards may will be granted under the Prior Plan. All Awards granted on or after the IPO Date will be granted under this Plan. All stock awards granted under the Prior Plan will remain subject to the terms of the Prior Pla...n. (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 on the Effective IPO 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 will 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 IPO 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 subject, at such time, 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 forfeited because of the failure to meet a contingency or condition required to vest such shares; shares or otherwise return to the Company; 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 (such 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 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 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 grant 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 Sucampo Pharmaceuticals, Inc. 2006 Stock Incentive Plan Plan, as amended (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 issuance pursuant to All Awards granted on or after the exercise of options or issuance or settlement of Effectiv...e Date will be granted under this Plan. All stock awards not previously granted under the Prior Plan as will remain subject to the terms of 12:01 a.m. Pacific time the Prior Plan. (i) Any shares that would otherwise remain available for future grants under the Prior Plan 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 will 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 to the terms of the Prior Plan; provided, however, that any shares subject subject, at such time, 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 not issued because such stock award or otherwise returned to the Company any portion thereof is settled in cash or (iii) are forfeited because of the failure to meet a contingency or condition required to vest such shares; shares or (iii) are reacquired, withheld (or not issued) otherwise return 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 Company (such 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 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 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, (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 grant 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. Plans. The Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Equity Incentive Neuromolecular, Inc. 2002 Employee, Director and Consultant Stock Plan and the Adamas Pharmaceuticals, Inc. 2007 Stock Plan, as amended (the "Prior Plan"). Following Plans"). From and after 12:01 a.m. Pacific time on the Effective Date, no additional stock awards may will be granted under the Prior Plans. All Awards granted on or afte...r 12:01 a.m. Pacific Time on the Effective Date will be granted under this Plan. Any unallocated shares remaining available for issuance pursuant to the exercise of options or issuance or settlement of All stock awards not previously granted under the Prior Plan Plans will remain subject to the terms of the Prior Plans. (i) Any shares that would otherwise remain available for future grants under the Prior Plans as of 12:01 a.m. Pacific time Time on the Effective Date (the "Prior Plan's Plans' Available Reserve") will cease to be available under the Prior Plan Plans at such time and time. Instead, that number of shares of Common Stock equal to the Prior Plans' 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 the Prior Plan Plans that (i) (1) expire or terminate for any reason prior to exercise or settlement; (ii) (2) 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) otherwise return to the Company; or (3) 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 (such 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 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. 1 (d) Purpose. The Plan, through the granting grant 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 Incentive AveXis, Inc. Amended and Restated 2014 Stock Plan (the "Prior Plan"). Following From and after 12:01 a.m. Pacific time on the Effective IPO 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 IPO 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 Time on the Effective IPO 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 will 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 IPO 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 subject, at such time, 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 forfeited because of the failure to meet a contingency or condition required to vest such shares; shares or otherwise return to the Company; 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 (such 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 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 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, (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 grant of Awards, is intended to help the Company secure and retain the services of eligible award recipients, provide incentives for such 1 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. (i) The Plan is intended as the successor to and continuation of the MannKind Corporation 2004 Virobay, Inc. 2006 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 stock awards granted under the Prior Plan remain subject to the terms of the Prior Plan. All Awards granted on or after 12:01 a.m. Pa...cific time on the Effective Date will be granted under the Plan. (ii) 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 on the Effective Date (the "Prior Plan's Available Reserve") will cease ceased to be available under the Prior Plan at such time and will be time. Instead, that number of shares of Common Stock equal to the number of shares of Common Stock of the Company then available for future grants under the Prior Plan (the "Prior Plan's 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 the 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 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 subject of Common Stock subject, at such time, to outstanding stock awards options granted under the Prior Plan that (i) (A) expire or terminate for any reason prior to exercise or settlement; (ii) (B) are forfeited, cancelled forfeited or otherwise returned to the Company reacquired because of the failure to meet a contingency or condition required to vest such shares; shares or (iii) are reacquired, repurchased at the original issuance price; or (C) are otherwise reacquired or 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 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 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 Plan MobileIron, Inc. 2008 Stock 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 grant...ed 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 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 the Prior Plan that (i) (1) expire or terminate for any reason prior to exercise or settlement; (ii) (2) 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) otherwise return to the Company; or (3) 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 (such 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 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 Plan, through the granting grant 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