Method of Exercise Clause Example with 17 Variations from Business Contracts
This page contains Method of Exercise 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.
Method of Exercise. The Options shall be exercisable by a written notice which shall: (a) state the election to exercise the Options, the number of shares to be exercised, the person in whose name the stock certificate or certificates for such shares of common stock is to be registered, address and social security number of such person (or if more than one, the names, addresses and social security numbers of such persons); (b) if applicable, contain such representations and agreements as to the holder's investment ...intent with respect to such shares of common stock as set forth in Section 11 hereof; (c) be signed by the person or persons entitled to exercise the Options and, if the Options are being exercised by any person or persons other than the Optionee, be accompanied by proof, satisfactory to counsel for the Company, of the right of such person or persons to exercise the Options; (d) be accompanied by full payment of the exercise price by tender to the Company of an amount equal to the exercise price multiplied by the number of underlying shares being purchased either in cash, by wire transfer, or by certified check or bank cashier's check, payable to the order of the Company; and (e) be accompanied by payment of any amount that the Company, in its sole discretion, deems necessary to comply with any federal, state or local withholding requirements for income and employment tax purposes. If the Optionee fails to make such payment in a timely manner, the Company may: (i) decline to permit exercise of the Options or (ii) withhold and set-off against compensation and any other amounts payable to the Optionee the amount of such required payment. Such withholding may be in the shares underlying the Options at the sole discretion of the Company. The certificate or certificates for shares of common stock as to which the Options shall be exercised shall be registered in the name of the person or persons exercising the Options.View More
Variations of a "Method of Exercise" Clause from Business Contracts
Method of Exercise. The Options shall be exercisable by a written notice in the manner and form identified on Exhibit A hereto which shall: information shall include: (a) state the election to exercise the Options, the number of shares to be exercised, the natural person in whose name the stock certificate or certificates for such shares of common stock Common Stock is to be registered, registered and such person's address and social security number of such person (or if more than one, the names, addresses and soci...al security numbers of such persons); (b) if applicable, contain such representations and agreements as to the holder's investment intent with respect to such shares of common stock Common Stock as set forth in Section 11 12 hereof; (c) be signed by the person or persons entitled to exercise the Options and, if the Options are being exercised by any person or persons other than the Optionee, be accompanied by proof, satisfactory to counsel for the Company, of the right of such person or persons to exercise the Options; and (d) be accompanied by full payment of the purchase or exercise price and all applicable required tax withholding in United States dollars in cash or by tender bank or cashier's check, certified check or money order or (i) by executing a "sell-to-cover cashless exercise" through the Company's designated broker to promptly deliver to the Company the amount of an amount proceeds from the sale of shares having a fair market value equal to the purchase price and all applicable required tax withholding on the date of exercise; (ii) by executing a "net cashless exercise" by having the Company withhold Option shares equivalent in value to the exercise price multiplied and all applicable required tax withholding; or (iii) by the number tendering shares of underlying shares being purchased either Common Stock equivalent in cash, by wire transfer, or by certified check or bank cashier's check, payable value to the order of the Company; exercise price and (e) be accompanied by payment of any amount that the Company, in its sole discretion, deems all applicable required tax withholding, subject to applicable securities laws and share holding period requirements necessary to comply with any federal, state or local withholding requirements for income and employment tax purposes. If the Optionee fails to make such payment in avoid a timely manner, the Company may: (i) decline to permit exercise of the Options or (ii) withhold and set-off against compensation and any other amounts payable charge to the Optionee the amount of such required payment. Such withholding may be in the shares underlying the Options at the sole discretion of the Company. The Company's earnings for financial accounting purposes. Any certificate or certificates for shares of common stock Common Stock as to which the Options shall be exercised shall be registered in the name of the person or persons exercising the Options. View More
Method of Exercise. The Options shall be exercisable by a written notice in the manner and form identified on Exhibit A hereto which shall: information shall include: (a) state the election to exercise the Options, the number of shares to be exercised, the natural person in whose name the stock certificate or certificates for such shares of common stock Common Stock is to be registered, registered and such person's address and social security number of such person (or if more than one, the names, addresses and soci...al security numbers of such persons); (b) if applicable, contain such representations and agreements as to the holder's investment intent with respect to such shares of common stock Common Stock as set forth in Section 11 hereof; (c) be signed by the person or persons entitled to exercise the Options and, if the Options are being exercised by any person or persons other than the Optionee, be accompanied by proof, satisfactory to counsel for the Company, of the right of such person or persons to exercise the Options; and (d) be accompanied by full payment of the purchase or exercise price and all applicable required tax withholding in United States dollars in cash or by tender bank or cashier's check, certified check or money order or (i) by executing a "sell-to-cover cashless exercise" through the Company's designated broker to promptly deliver to the Company the amount of an amount proceeds from the sale of shares having a fair market value equal to the purchase price and all applicable required tax withholding on the date of exercise; (ii) by executing a "net cashless exercise" by having the Company withhold Option shares equivalent in value to the exercise price multiplied and all applicable required tax withholding; or (iii) by the number tendering shares of underlying shares being purchased either Common Stock equivalent in cash, by wire transfer, or by certified check or bank cashier's check, payable value to the order of the Company; exercise price and (e) be accompanied by payment of any amount that the Company, in its sole discretion, deems all applicable required tax withholding, subject to applicable securities laws and share holding period requirements necessary to comply with any federal, state or local withholding requirements for income and employment tax purposes. If the Optionee fails to make such payment in avoid a timely manner, the Company may: (i) decline to permit exercise of the Options or (ii) withhold and set-off against compensation and any other amounts payable charge to the Optionee the amount of such required payment. Such withholding may be in the shares underlying the Options at the sole discretion of the Company. The Company's earnings for financial accounting purposes. Any certificate or certificates for shares of common stock Common Stock as to which the Options shall be exercised shall be registered in the name of the person or persons exercising the Options. View More
Method of Exercise. The Options shall be exercisable by a written notice in the form attached to this Agreement, which shall: (a) state the election to exercise the Options, the number of shares to be exercised, the person in whose name the stock certificate or certificates for such shares of common stock is to be registered, address and social security number of such person (or if more than one, the names, addresses and social security numbers of such persons); (b) if applicable, contain such representations and a...greements as to the holder's investment intent with respect to such shares of common stock as set forth in Section 11 hereof; (c) be signed by the person or persons entitled to exercise the Options and, if the Options are being exercised by any person or persons other than the Optionee, be accompanied by proof, satisfactory to counsel for the Company, of the right of such person or persons to exercise the Options; (d) (b) be accompanied by full payment of the exercise price by tender to the Company of an amount equal to the exercise price multiplied by the number of underlying shares being purchased either in cash, by wire transfer, or by certified check or bank cashier's check, payable to the order of the Company; and (e) Company, or by a cashless exercise in accordance with Section 6(d), below; (c) be accompanied by payment of any amount that the Company, in its sole discretion, deems necessary to comply with any federal, state or local withholding requirements for income and employment tax purposes. If the Optionee fails to make such payment in a timely manner, the Company may: (i) decline to permit exercise of the Options or (ii) withhold and set-off against compensation and any other amounts payable to the Optionee the amount of such required payment. Such withholding may be in the shares underlying the Options at the sole discretion of the Company. (d) Cashless Exercise. (i) No Effective Registration Statement. At any such time that the shares issuable upon exercise of the Options are not registered on a registration statement declared effective by the Securities and Exchange Commission, the Optionee may, in its sole discretion, exercise the Options in whole or in part and, in lieu of making the cash payment otherwise contemplated to be made to the Company upon such exercise, elect instead to receive upon such exercise the "Net Number" of shares of common stock determined according to the following formula: Net Number = (A x B) - (A x C) B For purposes of the foregoing formula: A = the total number of shares with respect to which the Options are then being exercised. B = the closing sale price of the shares of common stock on the principal market on which the common stock is then traded on the date immediately preceding the date of exercise, as quoted on such exchange or market on the day of determination and as reported on Bloomberg.com or such other source as the Company deems reliable. C = the Exercise Price then in effect for the applicable Options at the time of such exercise. (ii) Effective Registration Statement. At any such time that the shares issuable upon exercise of the Options are registered on a registration statement declared effective by the Securities and Exchange Commission, the Optionee may, in its sole discretion, exercise the Options in whole or in part and, in lieu of making the cash payment, utilize a broker-assisted cashless exercise procedure in accordance with instructions to be provided by the Company. (e) The certificate or certificates for shares of common stock as to which the Options shall be exercised shall be registered in the name of the person or persons exercising the Options. View More
Method of Exercise. The Options SARs shall be exercisable by a written notice notice, in the form of the attached Notice of Exercise, which shall: (a) () state the election to exercise the Options, SARs, the number of shares to be exercised, the person in whose name the stock certificate or certificates for such shares of common stock is to be registered, address and social security number of such person (or if more than one, the names, addresses and social security numbers of such persons); (b) () if applicable, c...ontain such representations and agreements as to the holder's investment intent with respect to such shares of common stock as set forth in Section 11 hereof; (c) () be signed by the person or persons entitled to exercise the Options SARs and, if the Options SARs are being exercised by any person or persons other than the Optionee, Recipient, be accompanied by proof, satisfactory to counsel for the Company, of the right of such person or persons to exercise the Options; SARs; (d) be accompanied by full payment of the exercise price by tender to the Company of an amount equal to the exercise price multiplied by the number of underlying shares being purchased either in cash, by wire transfer, or by certified check or bank cashier's check, payable to the order of the Company; and (e) be accompanied by payment of any amount that the Company, in its sole discretion, deems necessary to comply with any federal, state or local withholding requirements for income and employment tax purposes. If the Optionee Recipient fails to make such payment in a timely manner, the Company may: (i) decline to permit exercise of the Options SARs or (ii) withhold and set-off against compensation and any other amounts payable to the Optionee Recipient the amount of such required payment. Such withholding may be in the shares underlying the Options SARs at the sole discretion of the Company. The certificate or certificates for shares of common stock as to which the Options SARs shall be exercised shall be registered in the name of the person or persons exercising the Options. SARs. View More
Method of Exercise. The Options shall be exercisable by a written notice in the manner and form identified on Exhibit A hereto which shall: information shall include: (a) state the election to exercise the Options, the number of shares to be exercised, the natural person in whose name the stock certificate or certificates for such shares of common stock Common Stock is to be registered, registered and such person's address and social security number of such person (or if more than one, the names, addresses and soci...al security numbers of such persons); (b) if applicable, contain such representations and agreements as to the holder's investment intent with respect to such shares of common stock Common Stock as set forth in Section 11 hereof; (c) be signed by the person or persons entitled to exercise the Options and, if the Options are being exercised by any person or persons other than the Optionee, be accompanied by proof, satisfactory to counsel for the Company, of the right of such person or persons to exercise the Options; and (d) be accompanied by full payment of the purchase or exercise price by tender to the Company of an amount equal to the exercise price multiplied by the number of underlying shares being purchased either in cash, by wire transfer, United States dollars in cash or by bank or cashier's check, certified check or bank cashier's check, payable money order or in the form of shares pursuant to the order 2011 Third Amended and Restated Stock Incentive and Award Plan of the Company; and (e) be accompanied by payment of any amount that the Company, in its sole discretion, deems necessary to comply with any federal, state or local withholding requirements for income and employment tax purposes. If the Optionee fails to make such payment in a timely manner, the Company may: (i) decline to permit exercise of the Options or (ii) withhold and set-off against compensation and any other amounts payable to the Optionee the amount of such required payment. Such withholding may be in the shares underlying the Options at the sole discretion of the Company. (the "2011 Plan"). The certificate or certificates for shares of common stock Common Stock as to which the Options shall be exercised shall be registered in the name of the person or persons exercising the Options. View More
Method of Exercise. The Options shall be exercisable by a written notice in the manner and form identified on Exhibit A hereto which shall: information shall include: (a) state the election to exercise the Options, the number of shares to be exercised, the natural person in whose name the stock certificate or certificates for such shares of common stock Common Stock is to be registered, registered and such person's address and social security number of such person (or if more than one, the names, addresses and soci...al security numbers of such persons); (b) if applicable, contain such representations and agreements as to the holder's investment intent with respect to such shares of common stock Common Stock as set forth in Section 11 hereof; (c) be signed by the person or persons entitled to exercise the Options and, if the Options are being exercised by any person or persons other than the Optionee, be accompanied by proof, satisfactory to counsel for the Company, of the right of such person or persons to exercise the Options; and (d) be accompanied by full payment of the purchase or exercise price by tender to the Company of an amount equal to the exercise price multiplied by the number of underlying shares being purchased either in cash, by wire transfer, United States dollars in cash or by bank or cashier's check, certified check or bank cashier's check, payable money order or in the form of shares pursuant to the order 2016 Stock Incentive and Award Plan of the Company; and (e) be accompanied by payment of any amount that the Company, in its sole discretion, deems necessary to comply with any federal, state or local withholding requirements for income and employment tax purposes. If the Optionee fails to make such payment in a timely manner, the Company may: (i) decline to permit exercise of the Options or (ii) withhold and set-off against compensation and any other amounts payable to the Optionee the amount of such required payment. Such withholding may be in the shares underlying the Options at the sole discretion of the Company. (the "2016 Plan"). The certificate or certificates for shares of common stock Common Stock as to which the Options shall be exercised shall be registered in the name of the person or persons exercising the Options. View More
Method of Exercise. The Options SARs shall be exercisable by a written notice notice, in the form of the attached Notice of Exercise, which shall: (a) state the election to exercise the Options, SARs, the number of shares to be exercised, the person in whose name the stock certificate or certificates for such shares of common stock is to be registered, address and social security number of such person (or if more than one, the names, addresses and social security numbers of such persons); (b) if applicable, contain... such representations and agreements as to the holder's investment intent with respect to such shares of common stock as set forth in Section 11 hereof; (c) be signed by the person or persons entitled to exercise the Options SARs and, if the Options SARs are being exercised by any person or persons other than the Optionee, Recipient, be accompanied by proof, satisfactory to counsel for the Company, of the right of such person or persons to exercise the Options; SARs; (d) be accompanied by full payment of the exercise price by tender to the Company of an amount equal to the exercise price multiplied by the number of underlying shares being purchased either in cash, by wire transfer, or by certified check or bank cashier's check, payable to the order of the Company; and (e) be accompanied by payment of any amount that the Company, in its sole discretion, deems necessary to comply with any federal, state or local withholding requirements for income and employment tax purposes. If the Optionee Recipient fails to make such payment in a timely manner, the Company may: (i) decline to permit exercise of the Options SARs or (ii) withhold and set-off against compensation and any other amounts payable to the Optionee Recipient the amount of such required payment. Such withholding may be in the shares underlying the Options SARs at the sole discretion of the Company. The certificate or certificates for shares of common stock as to which the Options SARs shall be exercised shall be registered in the name of the person or persons exercising the Options. SARs. View More
Method of Exercise. The Options shall be exercisable by a written notice in the manner and form identified on Exhibit A hereto which shall: information shall include: (a) state the election to exercise the Options, the number of shares to be exercised, the natural person in whose name the stock certificate or certificates for such shares of common stock Common Stock is to be registered, registered and such person's address and social security number of such person (or if more than one, the names, addresses and soci...al security numbers of such persons); (b) if applicable, contain such representations and agreements as to the holder's investment intent with respect to such shares of common stock Common Stock as set forth in Section 11 hereof; (c) be signed by the person or persons entitled to exercise the Options and, if the Options are being exercised by any person or persons other than the Optionee, be accompanied by proof, satisfactory to counsel for the Company, of the right of such person or persons to exercise the Options; and 3 (d) be accompanied by full payment of the purchase or exercise price by tender to the Company of an amount equal to the exercise price multiplied by the number of underlying shares being purchased either in cash, by wire transfer, United States dollars in cash or by bank or cashier's check, certified check or bank cashier's check, payable money order or in the form of shares pursuant to the order of the Company; and (e) be accompanied by payment of any amount that the Company, in its sole discretion, deems necessary to comply with any federal, state or local withholding requirements for income and employment tax purposes. If the Optionee fails to make such payment in a timely manner, the Company may: (i) decline to permit exercise of the Options or (ii) withhold and set-off against compensation and any other amounts payable to the Optionee the amount of such required payment. Such withholding may be in the shares underlying the Options at the sole discretion of the Company. 2013 Plan. The certificate or certificates for shares of common stock Common Stock as to which the Options shall be exercised shall be registered in the name of the person or persons exercising the Options. View More
Method of Exercise. The Options shall be exercisable by a written notice in the manner and form identified on Exhibit A hereto which shall: information shall include: (a) state the election to exercise the Options, the number of shares to be exercised, the natural person in whose name the stock certificate or certificates for such shares of common stock Common Stock is to be registered, registered and such person's address and social security number of such person (or if more than one, the names, addresses and soci...al security numbers of such persons); (b) if applicable, contain such representations and agreements as to the holder's investment intent with respect to such shares of common stock Common Stock as set forth in Section 11 hereof; (c) be signed by the person or persons entitled to exercise the Options and, if the Options are being exercised by any person or persons other than the Optionee, be accompanied by proof, satisfactory to counsel for the Company, of the right of such person or persons to exercise the Options; and (d) be accompanied by full payment of the purchase or exercise price in United States dollars in cash or by tender bank or cashier's check, certified check or money order or if permitted by the Company, by executing a "cashless exercise" through the Company's designated broker to promptly deliver to the Company the amount of an amount proceeds from the sale of shares having a fair market value equal to the exercise purchase price multiplied by on the number date of underlying shares being purchased either in cash, by wire transfer, or by certified check or bank cashier's check, payable to the order of the Company; and (e) be accompanied by payment of any amount that the Company, in its sole discretion, deems necessary to comply with any federal, state or local withholding requirements for income and employment tax purposes. If the Optionee fails to make such payment in a timely manner, the Company may: (i) decline to permit exercise of the Options or (ii) withhold and set-off against compensation and any other amounts payable to the Optionee the amount of such required payment. Such withholding may be in the shares underlying the Options at the sole discretion of the Company. exercise. The certificate or certificates for shares of common stock Common Stock as to which the Options shall be exercised shall be registered in the name of the person or persons exercising the Options. View More
Method of Exercise. The Options shall be exercisable by a written notice in the manner and form identified on Exhibit A hereto which shall: information shall include: (a) state the election to exercise the Options, the number of shares to be exercised, the natural person in whose name the stock certificate or certificates for such shares of common stock Common Stock is to be registered, registered and such person's address and social security number of such person (or if more than one, the names, addresses and soci...al security numbers of such persons); (b) if applicable, contain such representations and agreements as to the holder's investment intent with respect to such shares of common stock Common Stock as set forth in Section 11 hereof; (c) be signed by the person or persons entitled to exercise the Options and, if the Options are being exercised by any person or persons other than the Optionee, be accompanied by proof, satisfactory to counsel for the Company, of the right of such person or persons to exercise the Options; and (d) be accompanied by full payment of the purchase or exercise price by tender to the Company of an amount equal to the exercise price multiplied by the number of underlying shares being purchased either in cash, by wire transfer, United States dollars in cash or by bank or cashier's check, certified check or bank cashier's check, payable money order or in the form of shares pursuant to the order of the Company; and (e) be accompanied by payment of any amount that the Company, in its sole discretion, deems necessary to comply with any federal, state or local withholding requirements for income and employment tax purposes. If the Optionee fails to make such payment in a timely manner, the Company may: (i) decline to permit exercise of the Options or (ii) withhold and set-off against compensation and any other amounts payable to the Optionee the amount of such required payment. Such withholding may be in the shares underlying the Options at the sole discretion of the Company. 2013 Plan. The certificate or certificates for shares of common stock Common Stock as to which the Options shall be exercised shall be registered in the name of the person or persons exercising the Options. View More
