Grouped Into 37 Collections of Similar Clauses From Business Contracts
This page contains Method of Payment clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Method of Payment. Payment of the exercise price, and any required payment associated with the Company's withholding obligations as set forth in the Plan and Section 11 below, are due in full upon exercise of all or any part of your option. You may elect to make payment of the exercise price in cash or by check or in any other manner permitted by your Grant Notice, which may include one or more of the following: (a) In the Company's sole discretion at the time your option is exercised and provided that at the time... of exercise the Common Stock is publicly traded and quoted regularly in The Wall Street Journal, pursuant to a program developed under Regulation T as promulgated by the Federal Reserve Board that, prior to the issuance of Common Stock, results in either the receipt of cash (or check) by the Company or the receipt of irrevocable instructions to pay the aggregate exercise price to the Company from the sales proceeds (this manner of payment is also known as a "broker-assisted exercise", "same day sale", or "sell to cover"); or (b) Provided that at the time of exercise the Common Stock is publicly traded, by delivery to the Company (either by actual delivery or attestation) of already-owned shares of Common Stock that are owned free and clear of any liens, claims, encumbrances or security interests, and that are valued at Fair Market Value on the date of exercise. "Delivery" for these purposes, in the sole discretion of the Company at the time you exercise your option, will include delivery to the Company of your attestation of ownership of such shares of Common Stock in a form approved by the Company. You may not exercise your option by delivery to the Company of Common Stock if doing so would violate the provisions of any law, regulation or agreement restricting the redemption of the Company's stock. (c) If this option is a Nonstatutory Stock Option, subject to the consent of the Company at the time of exercise, by a "net exercise" arrangement pursuant to which the Company will reduce the number of shares of Common Stock issued upon exercise of your option by the largest whole number of shares with a Fair Market Value that does not exceed the aggregate exercise price. You must pay any remaining balance of the aggregate exercise price not satisfied by the "net exercise" in cash or other permitted form of payment. Shares of Common Stock will no longer be outstanding under your option and will not be exercisable thereafter if those shares (i) are used to pay the exercise price pursuant to the "net exercise," (ii) are delivered to you as a result of such exercise, and (iii) are withheld to satisfy your tax withholding obligations.View More
Method of Payment. Payment You must pay the full amount of the exercise price, and any required payment associated with price for the Company's withholding obligations as set forth in the Plan and Section 11 below, are due in full upon exercise of all or any part of your option. shares you wish to exercise. You may elect to make payment of pay the exercise price in cash or by check check, bank draft or money order payable to the Company or in any other manner permitted by your Grant Notice, which may include one o...r more of the following: (a) In the Company's sole discretion at the time your option is exercised and provided Provided that at the time of exercise the Common Stock is publicly traded and quoted regularly in The Wall Street Journal, traded, pursuant to a program developed under Regulation T as promulgated by the Federal Reserve Board that, prior to the issuance of Common Stock, results in either the receipt of cash (or check) by the Company or the receipt of irrevocable instructions to pay the aggregate exercise price to the Company from the sales proceeds (this proceeds. This manner of payment is also known as a "broker-assisted exercise", "same day sale", or "sell to cover"); or (b) Provided that at the time of exercise the Common Stock is publicly traded, by delivery to the Company (either by actual delivery or attestation) of already-owned shares of Common Stock that are owned free and clear of any liens, claims, encumbrances or security interests, and that are valued at Fair Market Value on the date of exercise. cover". "Delivery" for these purposes, in the sole discretion of the Company at the time you exercise your option, will include delivery to the Company of your attestation of ownership of such shares of Common Stock in a form approved by the Company. You may not exercise your option by delivery to the Company of Common Stock if doing so would violate the provisions of any law, regulation or agreement restricting the redemption of the Company's stock. (c) If this option is a Nonstatutory Stock Option, subject to the consent of the Company at the time of exercise, by a "net exercise" arrangement pursuant to which the Company will reduce the number of shares of Common Stock issued upon exercise of your option by the largest whole number of shares with a Fair Market Value that does not exceed the aggregate exercise price. You must pay any remaining balance of the aggregate exercise price not satisfied by the "net exercise" in cash or other permitted form of payment. Shares of Common Stock will no longer be outstanding under your option and will not be exercisable thereafter if those shares (i) are used to pay the exercise price pursuant to the "net exercise," (ii) are delivered to you as a result of such exercise, and (iii) are withheld to satisfy your tax withholding obligations. View More
Method of Payment. Payment You must pay the full amount of the exercise price, and any required payment associated with price for the Company's withholding obligations as set forth in the Plan and Section 11 below, are due in full upon exercise of all or any part of your option. shares you wish to exercise. You may elect to make payment of pay the exercise price in cash or by check check, bank draft or in any other manner money order payable to the Company or, if permitted by your Grant Notice, which may include o...ne or more of the following: (a) In the Company's sole discretion at the time your option is exercised Notice and provided that if at the time of exercise the Common Stock is publicly traded and quoted regularly in The Wall Street Journal, traded, then pursuant to a program developed under Regulation T as promulgated by the Federal Reserve Board that, prior to the issuance of Common Stock, results in either the receipt of cash (or check) by the Company or the receipt of irrevocable instructions to pay the aggregate exercise price to the Company from the sales proceeds (this proceeds. This manner of payment is also known as a "broker-assisted exercise", "same day sale", or "sell to cover"); or (b) Provided that at the time of exercise the Common Stock is publicly traded, by delivery to the Company (either by actual delivery or attestation) of already-owned shares of Common Stock that are owned free and clear of any liens, claims, encumbrances or security interests, and that are valued at Fair Market Value on the date of exercise. "Delivery" for these purposes, in the sole discretion of the Company at the time you exercise your option, will include delivery to the Company of your attestation of ownership of such shares of Common Stock in a form approved by the Company. You may not exercise your option by delivery to the Company of Common Stock if doing so would violate the provisions of any law, regulation or agreement restricting the redemption of the Company's stock. (c) If this option is a Nonstatutory Stock Option, subject to the consent of the Company at the time of exercise, by a "net exercise" arrangement pursuant to which the Company will reduce the number of shares of Common Stock issued upon exercise of your option by the largest whole number of shares with a Fair Market Value that does not exceed the aggregate exercise price. You must pay any remaining balance of the aggregate exercise price not satisfied by the "net exercise" in cash or other permitted form of payment. Shares of Common Stock will no longer be outstanding under your option and will not be exercisable thereafter if those shares (i) are used to pay the exercise price pursuant to the "net exercise," (ii) are delivered to you as a result of such exercise, and (iii) are withheld to satisfy your tax withholding obligations. cover". View More
Method of Payment. Payment of the exercise price, and any required payment associated with the Company's withholding obligations as set forth in the Plan and Section 11 below, are price is due in full upon exercise of all or any part of your option. You may elect to make payment of the exercise price in cash or by check or in any other manner permitted by your Grant Notice, which may include one or more of the following: (a) In the Company's sole discretion at the time your option is exercised and provided followi...ng forms: (a)In cash or by check; (b)Provided that at the time of exercise the Common Stock is publicly traded on a nationally recognized stock exchange, and quoted regularly subject to such procedures as the Administrator may adopt, in The Wall Street Journal, pursuant to cash by a program developed under Regulation T as promulgated by the Federal Reserve Board that, prior to the issuance of Common Stock, results in either the receipt of cash (or check) by the Company or the receipt of irrevocable instructions to pay the aggregate exercise price broker-dealer acceptable to the Company from the sales proceeds (this manner to whom you have submitted an irrevocable notice of payment is also known as a "broker-assisted exercise", "same day sale", exercise; or "sell to cover"); or (b) Provided that at the time of exercise the Common Stock is publicly traded, 1 US_ACTIVE-100043006.1 (c) (i) by delivery to the Company (either by actual delivery or attestation) of already-owned shares of Common Stock that are owned free and clear of any liens, claims, encumbrances or security interests, and that are valued at Fair Market Value fair market value on the date of exercise. exercise (as determined under the Plan), or (ii) a reduction in the number of shares of Common Stock otherwise deliverable to you (valued at their fair market value on the exercise date, as determined under the Plan) pursuant to the exercise of the option. "Delivery" for these purposes, purposes and for purposes of any Required Tax Payments, in the sole discretion of the Company at the time you exercise your option, will option is exercised, shall include delivery to the Company of your attestation of ownership of such shares of Common Stock in a form approved by the Company. You Notwithstanding the foregoing, your option may not exercise your option be exercised by delivery tender to the Company of Common Stock if doing so to the extent such tender would violate constitute a violation of the provisions of any law, regulation or agreement restricting the redemption of the Company's stock. (c) If this option is a Nonstatutory Stock Option, subject to the consent of the Company at the time of exercise, by a "net exercise" arrangement pursuant to which the Company will reduce the number of shares of Common Stock issued upon exercise of your option by the largest whole number of shares with a Fair Market Value that does not exceed the aggregate exercise price. You must pay any remaining balance of the aggregate exercise price not satisfied by the "net exercise" in cash or other permitted form of payment. Shares of Common Stock will no longer be outstanding under your option and will not be exercisable thereafter if those shares (i) are used to pay the exercise price pursuant to the "net exercise," (ii) are delivered to you as a result of such exercise, and (iii) are withheld to satisfy your tax withholding obligations.View More
Method of Payment. Payment of the aggregate Exercise Price will be by any of the following, or a combination thereof, at the election of Participant: (a) cash; (b) check; (c) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (d) if Participant is a U.S. employee, surrender of other Shares which have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares and that are owned free and... clear of any liens, claims, encumbrances, or security interests, provided that accepting such Shares, in the sole discretion of the Administrator, will not result in any adverse accounting consequences to the Company.View More
Method of Payment. Payment of the aggregate Exercise Price will be by any of the following, or a combination thereof, at the election of Participant: (a) cash; (b) check; (c) consideration (a)cash in U.S. dollars; (b)check designated in U.S. dollars; (c)consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (d) if (d)if Participant is a U.S. employee, surrender of other Shares which have a Fair Market Value on the date of surrender equa...l to the aggregate Exercise Price of the Exercised Shares and that are owned free and clear of any liens, claims, encumbrances, or security interests, provided that accepting such Shares, in the sole discretion of the Administrator, will not result in any adverse accounting consequences to the Company. View More
Method of Payment. Payment of the aggregate Exercise Price will shall be by any of the following, or a combination thereof, at the election of the Participant: (a) cash; (b) check; (c) consideration received by the Company under a formal cashless exercise program adopted by the Company at the direction of the Administrator in connection with the Plan; or (d) if Participant is a U.S. employee, surrender of other Shares which have a (i) shall be valued at its Fair Market Value on the date of surrender equal to the a...ggregate Exercise Price of the Exercised Shares exercise, and that are (ii) must be owned free and clear of any liens, claims, encumbrances, encumbrances or security interests, provided that if accepting such Shares, in the sole discretion of the Administrator, will shall not result in any adverse accounting consequences to the Company. View More
Method of Payment. Payment of the aggregate Exercise Price will be by any of the following, or a combination thereof, at the election of Participant: (a) cash; cash in U.S. dollars; (b) check; check designated in U.S. dollars; (c) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (d) if Participant is a U.S. employee, surrender of other Shares which have a Fair Market Value on the date of surrender equal to the aggregate Exercise P...rice of the Exercised Shares and that are owned free and clear of any liens, claims, encumbrances, or security interests, provided that accepting such Shares, in the sole discretion of the Administrator, will not result in any adverse accounting consequences to the Company. View More
Method of Payment. The Company will pay interest on the Notes (except defaulted interest) to the Persons who are registered Holders of Notes at the close of business on the March 15 and September 15 next preceding the Interest Payment Date, even if such Notes are canceled after such record date and on or before such Interest Payment Date, except as provided in Section 2.12 of the Indenture with respect to defaulted interest. The Notes will be payable as to principal, premium and interest at the office or agency of... the Company maintained for such purpose within the City and State of New York, or, at the option of the Company, payment of interest may be made by check mailed to the Holders at their addresses set forth in the register of Holders, and provided that payment by wire transfer of immediately available funds will be required with respect to principal of, and interest and premium on, all Global Notes and all other Notes the Holders of which shall have provided wire transfer instructions to the Company or the Paying Agent. Such payment shall be in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts.View More
Method of Payment. The Company Issuers will pay interest on the Notes (except defaulted interest) to the Persons who are registered Holders of Notes at the close of business on the March 15 and September 15 April 1 or October 1 next preceding the Interest Payment Date, Date (each a "Record Date"), even if such Notes are canceled cancelled after such record date Record Date and on or before such Interest Payment Date, except as provided in Section 2.12 of the Indenture with respect to defaulted interest. Holders mu...st surrender Notes to the Paying Agent to collect payments of principal and premium, if any, together with accrued and unpaid interest due at maturity. The Notes will be payable as to principal, premium premium, if any, and interest at the office or agency of the Company Issuers maintained for such purpose within the City and State of New York, purpose, or, at the option of the Company, Issuers, payment of interest may be made by check mailed to the Holders at their addresses set forth in the register of Holders, and provided that payment by wire transfer of immediately available funds will be required with respect to principal of, and interest and premium on, any amounts due on all Global Notes and all other Notes the Holders of which shall have provided wire transfer instructions to the Company or Issuers and the Paying Agent. Such payment shall be in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts. View More
Method of Payment. Payments on Global Notes will be made through the facilities of DTC. The Company Issuers will pay interest on the Notes (except defaulted interest) to the Persons who are registered Holders of Notes at the close of business on the March 15 and September 15 February 1 or August 1 next preceding the Interest Payment Date, even if such Notes are canceled cancelled after such record date and on or before such Interest Payment Date, except as provided in Section 2.12 2.11 of the Indenture with respec...t to defaulted interest. Holders must surrender Notes to collect payments of principal and premium, if any, together with accrued and unpaid interest due at maturity. The Notes will be payable as to principal, premium premium, if any, and interest at the office or agency of the Company Issuers maintained for such purpose within the City and State of New York, or, at the option of the Company, Issuers, payment of interest may be made by check mailed to the Holders at their addresses set forth in the register of Holders, and provided that payment by wire transfer to an account in the United States of immediately available funds will be required with respect to principal of, and interest and premium on, any amounts due on all Global Notes and all other Notes the Holders of at least $5.0 million principal amount of which shall have provided wire transfer instructions to the Company Issuers or the Paying Agent. Such payment shall be in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts. View More
Method of Payment. The Company will pay interest on the Notes (except defaulted interest) to the Persons who are registered Holders of Notes at the close of business on the March 15 February 1 and September 15 August 1 next preceding the Interest Payment Date, even if such Notes are canceled after such record date and on or before such Interest Payment Date, except as provided in Section 2.12 of the Supplemental Indenture with respect to defaulted interest. The Principal, premium, if any, and interest on the Notes... will be payable as to principal, premium and interest at the office or agency of the Company maintained for such purpose within the City Paying Agent and State of New York, Registrar or, at the option of the Company, payment of interest may be made by check mailed to the Holders of the Notes at their respective addresses set forth in the register of Holders, and Holders of Notes; provided that payment all payments of principal, premium and interest with respect to Notes the Holders of which have given wire transfer instructions to the Trustee will be required to be made by wire transfer of immediately available funds will be required with respect to principal of, and interest and premium on, all Global Notes and all other Notes the accounts specified by the Holders of which shall have provided wire transfer instructions to the Company or the Paying Agent. thereof. Such payment shall will be in such coin or currency of the United States of America as at the time of payment is legal tender for payment of public and private debts. View More
Method of Payment. Payment of the aggregate Exercise Price will be by any of the following, or a combination thereof, at the election of Participant: (a) Participant's personal check (or readily available funds), wire transfer, or a cashier's check; (b) certificates for shares of Company stock that Participant owns, along with any forms needed to effect a transfer of those shares to the Company; the value of the shares, determined as of the effective date of the Option exercise, will be applied to the Option exerc...ise price. Instead of surrendering shares of Company stock, Participant may attest to the ownership of those shares on a form provided by the Company and have the same number of shares subtracted from the Option shares issued to Participant. However, Participant may not surrender, or attest to the ownership of, shares of Company stock in payment of the exercise price of Participant's Option if Participant's action would cause the Company to recognize compensation expense (or additional compensation expense) with respect to this Option for financial reporting purposes; (c) cashless exercise through irrevocable directions to a securities broker approved by the Company to sell all or part of the Shares covered by this Option and to deliver to the Company from the sale proceeds an amount sufficient to pay the Option exercise price and any withholding taxes. The balance of the sale proceeds, if any, will be delivered to Participant. The directions must be given by signing a special notice of exercise form provided by the Company; or (d) other method authorized by the Company.View More
Method of Payment. Payment of the aggregate Exercise Price will be by any of the following, or a combination thereof, at the election of Participant: (a) Participant's personal check (or readily available funds), wire transfer, or a cashier's check; (b) certificates for shares of Company stock that Participant owns, along with any forms needed to effect a transfer of those shares to the Company; the value of the shares, determined as of the effective date of the Option exercise, will be applied to the Option exerc...ise price. Exercise Price. Instead of surrendering shares of Company stock, Participant may attest to the ownership of those shares on a form provided by the Company and have the same number of shares subtracted from the Option shares issued to Participant. However, Participant may not surrender, or attest to the ownership of, shares of Company stock in payment of the exercise price Exercise Price of Participant's Option if Participant's action would cause the Company to recognize compensation expense (or additional compensation expense) with respect to this Option for financial reporting purposes; (c) cashless exercise through irrevocable directions to a securities broker approved by the Company to sell all or part of the Shares covered by this the Option and to deliver to the Company from the sale proceeds an amount sufficient to pay the Option exercise price Exercise Price and any withholding taxes. applicable Tax-Related Items. The balance of the sale proceeds, if any, will be delivered to Participant. The directions must be given by signing a special notice of exercise form provided by the Company; or (d) other method authorized by the Company. Company; provided, however, that the Company may restrict the available methods of payment due to facilitate compliance with applicable law or administration of the Plan. In particular, if Participant is located outside the United States, Participant should review the applicable provisions of the Appendix for any such restrictions that may currently apply. View More
Method of Payment. Payment of the aggregate Exercise Price will be by any of the following, or a combination thereof, at the election of Participant: (a) Participant's personal check (or readily available funds), wire transfer, or a cashier's check; (b) certificates for shares of Company stock that Participant owns, along with any forms needed to effect a transfer of those shares to the Company; the value of the shares, determined as of the effective date of the Option exercise, will be applied to the Option exerc...ise price. Exercise Price. Instead of surrendering shares of Company stock, Participant may attest to the ownership of those shares on a form provided by the Company and have the same number of shares subtracted from the Option shares issued to Participant. However, Participant may not surrender, or attest to the ownership of, shares of Company stock in payment of the exercise price Exercise Price of Participant's Option if Participant's action would cause the Company to recognize compensation expense (or additional compensation expense) with respect to this Option for financial reporting purposes; (c) cashless exercise through irrevocable directions to a securities broker approved by the Company to sell all or part of the Shares covered by this the Option and to deliver to the Company from the sale proceeds an amount sufficient to pay the Option exercise price Exercise Price and any withholding taxes. applicable Tax-Related Items. The balance of the sale proceeds, if any, will be delivered to Participant. The directions must be given by signing a special notice of exercise form provided by the Company; or (d) other method authorized by the Company. Company; provided, however, that the Company may restrict the available methods of payment due to facilitate compliance with applicable law or administration of the Plan. In particular, if Participant is located outside the United States, Participant should review the applicable provisions of the Appendix for any such restrictions that may currently apply. View More
Method of Payment. Payment of the aggregate Exercise Price Price, and any Tax-Related Items (as defined below) withholding, will be by any of the following, or a combination thereof, at the election of Participant: (a) Participant's personal check (or (representing readily available funds), wire transfer, or a cashier's check; (b) if permitted by the Committee, certificates for shares of Company stock that Participant owns, along with any forms needed to effect a transfer of those shares to the Company; the value ...of the shares, determined as of the effective date of the Option exercise, will be applied to the Option exercise price. Exercise Price. Instead of surrendering shares of Company stock, Participant may attest to the ownership of those shares on a form provided by the Company and have the same number of shares subtracted from the Option shares issued to Participant. However, Participant may not surrender, or attest to the ownership of, shares of Company stock in payment of the exercise price Exercise Price of Participant's Option if Participant's action would cause the Company to recognize compensation expense (or additional compensation expense) with respect to this Option for financial reporting purposes; (c) cashless exercise through irrevocable directions to a securities broker approved by the Company to sell all or part of the Shares covered by this Option and to deliver to the Company from the sale proceeds an amount sufficient to pay the Option exercise price Exercise Price and any withholding taxes. applicable Tax-Related Items (as defined below) withholding. The balance of the sale proceeds, if any, will be delivered to Participant. Participant unless otherwise provided in this Option Agreement. The directions must be given by signing a special notice of exercise form provided by the Company; or (d) other method authorized by the Company. Company; provided, however, that the Company may restrict the available methods of payment due to facilitate compliance with applicable law or administration of the Plan. In particular, if Participant is located outside the United States, Participant should review the applicable provisions of the Appendix for any such restrictions that may currently apply. View More
Method of Payment. Payment of the Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash; (b) check; (c) to the extent permitted by the Committee, with Shares owned by the Optionee, or the withholding of Shares that otherwise would be delivered to the Optionee as a result of the exercise of the Option; (d) pursuant to a "cashless exercise" procedure, by delivery of a properly executed notice together with such other documentation, and subject to such gu...idelines, as the Committee shall require to effect an exercise of the Option and delivery to the Company by a licensed broker acceptable to the Company of proceeds from the sale of the Shares, or (e) such other consideration or in such other manner as may be determined by the Committee in its absolute discretion.View More
Method of Payment. Payment of the Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash; (b) check; (c) to the extent permitted by the Committee, Committee or as provided on Schedule I hereof beside the caption "Permission to Pay with Shares", with Shares owned by the Optionee, or the withholding of Shares that otherwise would be delivered to the Optionee as a result of the exercise of the Option; (d) Option, or pursuant to a the "cashless exercise" pr...ocedure, by delivery of a properly executed notice together with such other documentation, and subject to such guidelines, as the Committee shall require to effect an exercise of the Option and delivery to the Company by a licensed broker acceptable to the Company of proceeds from the sale of the Shares, procedure set forth in Section 4(b), or (e) (d) such other consideration or in such other manner as may be determined by the Committee in its absolute discretion. View More
Method of Payment. Payment of the Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash; (b) check; (c) to the extent permitted by the Committee, with Shares owned by the Optionee, or the withholding of Shares that otherwise would be delivered to the Optionee as a result of the exercise of the Option; or (d) pursuant to a "cashless exercise" procedure, by delivery of a properly executed exercise notice together with such other documentation, and subjec...t to such guidelines, as the Committee shall require to effect an exercise of the Option and delivery to the Company by a licensed broker acceptable to the Company of proceeds from the sale of Shares sufficient to pay the Shares, Exercise Price and any applicable income or (e) such other consideration or in such other manner as may be determined by the Committee in its absolute discretion. employment taxes. View More
Method of Payment. Payment of the Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash; (b) check; (c) to the extent permitted by the Committee, with Shares owned by the Optionee, or the withholding of Shares that otherwise would be delivered to the Optionee as a result of the exercise of the Option; (d) pursuant to a "cashless exercise" procedure, by delivery of a properly executed exercise notice together with such other documentation, and subject t...o such guidelines, as the Committee shall require to effect an exercise of the Option and delivery to the Company by a licensed broker acceptable to the Company of proceeds from the sale of Shares or a margin loan (to the Shares, extent available to the Optionee) sufficient to pay the Exercise Price and any applicable income or employment taxes; or (e) such other consideration or in such other manner as may be determined by the Committee in its absolute discretion. View More
Method of Payment. Payment of the aggregate Exercise Price will be by any of the following, or a combination thereof, at the election of Participant unless otherwise specified by the Company in its sole discretion: (a) cash (U.S. dollars); or (b) check (denominated in U.S. dollars); or (c) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan. Participant understands and agrees that, unless otherwise permitted by the Company, any cross-bor...der remittance made to exercise this Option or transfer proceeds received upon the sale of Shares must be made through a locally authorized financial institution or registered foreign exchange agency and may require the Participant to provide such entity with certain information regarding the transaction.View More
Method of Payment. Payment of the aggregate Exercise Price will be by any of the following, or a combination thereof, at the election of Participant Participant, unless otherwise specified by the Company AST in its sole discretion: discretion requires a specific method of payment: (a) cash (U.S. dollars); or (b) check (denominated in U.S. dollars); or (c) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan. wire transfer (contact AST for... wire instructions). Participant understands and agrees that, unless otherwise permitted by the Company, that any cross-border remittance made to exercise this Option option or transfer proceeds received upon the sale of Shares Stock must be made through a locally authorized financial institution or registered foreign exchange agency and may require the Participant to provide such entity with certain information regarding the transaction. View More
Method of Payment. Payment of the aggregate Exercise Price will be by any of the following, or a combination thereof, at the election of Participant unless otherwise specified by the Company in its sole discretion: (a) cash (U.S. dollars); or (b) check (denominated in U.S. dollars); or (c) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan. Plan; or (d) if Participant is subject to Section 16 of the Exchange Act, Participant may direct ...the Company to withhold Shares to be issued upon exercise of the Option to pay the aggregate Exercise Price and any such disposition of Shares to the Company shall be exempt from Section 16(b) of the Exchange Act pursuant to Rule 16b-3(e). Participant understands and agrees that, unless otherwise permitted by the Company, any cross-border remittance made to exercise this Option or transfer proceeds received upon the sale of Shares must be made through a locally authorized financial institution or registered foreign exchange agency and may require the Participant to provide such entity with certain information regarding the transaction. View More
Method of Payment. Payment of the aggregate Exercise Price will be by any of the following, or a combination thereof, at the election of Participant unless otherwise specified by the Company in its sole discretion: (a) cash (U.S. dollars); or (b) check (denominated in U.S. dollars); or (c) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan. Plan; or (d) if Participant is subject to Section 16 of the Exchange Act, Participant may direct ...the Company to withhold Shares to be issued upon exercise of the Option to pay the aggregate Exercise Price and any such disposition of Shares to the Company shall be exempt from Section 16(b) of the Exchange Act pursuant to Rule 16b-3(e). Participant understands and agrees that, unless otherwise permitted by the Company, any cross-border remittance made to exercise this Option or transfer proceeds received upon the sale of Shares must be made through a locally authorized financial institution or registered foreign exchange agency and may require the Participant to provide such entity with certain information regarding the transaction. View More
Method of Payment. Payment of the Exercise Price shall be by any of the following, or a combination of the following, at the election of Optionee: (a) cash or check; (b) cancellation of indebtedness; (c) at the discretion of the Plan Administrator on a case by case basis, by surrender of other shares of Common Stock of the Company (either directly or by stock attestation) that Optionee previously acquired and that have an aggregate Fair Market Value on the date of surrender equal to the aggregate Exercise Price of... the Shares as to which this Option is being exercised; or (d) at the discretion of the Plan Administrator on a case by case basis, by Cashless Exercise. 2 5. Termination of Relationship. Following the date of termination of Optionee's Continuous Service Status for any reason (the "Termination Date"), Optionee may exercise this Option only as set forth in the Notice and this Section 5. To the extent that Optionee is not entitled to exercise this Option as of the Termination Date, or if Optionee does not exercise this Option within the Termination Period set forth in the Notice or the termination periods set forth below, this Option shall terminate in its entirety. In no event, may any Option be exercised after the Expiration Date of this Option as set forth in the Notice. (a) Termination. In the event of termination of Optionee's Continuous Service Status other than as a result of Optionee's Disability or death or for Cause, Optionee may, to the extent Optionee is vested in the Option Shares at the date of such termination (the "Termination Date"), exercise this Option during the Termination Period set forth in the Notice. (b) Other Terminations. In connection with any termination other than a termination covered by Section 5(a), Optionee may exercise this Option only as described below: (i) Termination upon Disability of Optionee. In the event of termination of Optionee's Continuous Service Status as a result of Optionee's Disability, Optionee may, but only within 12 months following the Termination Date, exercise this Option to the extent Optionee was vested in the Option Shares as of such Termination Date. (ii) Death of Optionee. In the event of termination of Optionee's Continuous Service Status as a result of Optionee's death, or in the event of Optionee's death within 3 months following Optionee's Termination Date, this Option may be exercised at any time within 12 months following the date of death (or, if earlier, the date Optionee's Continuous Service Status terminated) by Optionee's estate or by a person who acquired the right to exercise this Option by bequest or inheritance, but only to the extent Optionee was vested in this Option as of the Termination Date. (iii) Termination for Cause. In the event of termination of Optionee's Continuous Service Status for Cause, this Option (including any vested portion thereof) shall immediately terminate in its entirety upon first notification to Optionee of such termination for Cause. If Optionee's Continuous Service Status is suspended pending an investigation of whether Optionee's Continuous Service Status will be terminated for Cause, all Optionee's rights under this Option, including the right to exercise this Option, shall be suspended during the investigation period.View More
Method of Payment. Payment Unless otherwise specified by the Company in its sole discretion to comply with Applicable Laws or facilitate the administration of the Plan, payment of the Exercise Price shall be in any form authorized by any the terms of the following, Plan. Optionee understands and agrees that, if required by the Company or Applicable Laws, any cross-border cash remittance made to exercise this Option or transfer proceeds received upon the sale of Shares must be made through a combination locally aut...horized financial institution or registered foreign exchange agency and may require Optionee to provide to such entity certain information regarding the transaction. Moreover, Optionee understands and agrees that the future value of the following, at underlying Shares is unknown and cannot be predicted with certainty and may decrease in value, even below the election of Optionee: (a) cash Exercise Price. Optionee understands that neither the Company nor any Subsidiary Corporations or check; (b) cancellation of indebtedness; (c) at affiliate is responsible for any foreign exchange fluctuation between local currency and the United States Dollar or the selection by the Company or any Subsidiary Corporations or affiliate in its sole discretion of an applicable foreign currency exchange rate that may affect the Plan Administrator on a case by case basis, by surrender of other shares of Common Stock value of the Company (either directly Option (or the calculation of income or by stock attestation) that Optionee previously acquired and that have an aggregate Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Shares as to which this Option is being exercised; or (d) at the discretion of the Plan Administrator on a case by case basis, by Cashless Exercise. 2 tax-related items thereunder). 24 5. Termination of Relationship. Following the date of termination of Optionee's Continuous Service Status for any reason (the "Termination Date"), Optionee may exercise this Option only as set forth in the Notice and this Section 5. To the extent that Optionee is not entitled to exercise this Option as of the Termination Date, or if If Optionee does not exercise this Option within the Termination Period Option Expiration Date set forth in the Notice or the termination periods set forth below, this Option shall terminate in its entirety. In no event, event may any Option be exercised after the Option Expiration Date of this Option as set forth in the Notice. (a) General Termination. In the event of termination of Optionee's Continuous Service Status other than as a result of Optionee's Disability or death or Optionee's termination for Cause, Optionee may, the Option, to the extent unexercised and exercisable by the Optionee is vested in on the date on which the Optionee's Service terminated, may be exercised by the Optionee at any time prior to the expiration of the Option Shares at the date Expiration Date or such other period of such termination (the "Termination Date"), exercise this Option during the Termination Period time as is set forth in the Notice. (b) Other Terminations. In connection with any termination other than a termination covered by Section 5(a), Optionee may exercise this Option only as described below: (i) Termination upon Disability of Optionee. In the event of termination of Optionee's Continuous Service Status as a result of Optionee's Disability, Optionee may, but only within 12 months following the Termination Date, exercise this Option Option, to the extent unexercised and exercisable on the date on which the Optionee's Service terminated, may be exercised by the Optionee was vested (or the Optionee's guardian or legal representative) at any time prior to the Option Expiration Date or such other period of time as is set forth in the Option Shares as of such Termination Date. (ii) Notice. (c) Death of Optionee. In the event of termination of Optionee's Continuous Service Status as a result of Optionee's death, or in the event of Optionee's death within 3 months month(s) following Optionee's Termination Date, this Option the Option, to the extent unexercised and exercisable on the date on which the Optionee's Service terminated, may be exercised at any time within 12 months following by the date of death (or, if earlier, the date Optionee's Continuous Service Status terminated) by Optionee's estate legal representative or by a other person who acquired the right to exercise this the Option by bequest or inheritance, but only reason of the Optionee's death at any time prior to the extent Optionee was vested in this Option as expiration of the Termination Date. (iii) Option Expiration Date or such other period of time as is set forth in the Notice. (d) Termination for Cause. In the event of termination of Optionee's Continuous Service Status for Cause, this the Option (including any vested portion thereof) shall immediately terminate in its entirety upon first notification to Optionee of such termination for Cause. If Optionee's Continuous Optionee' s Service Status is suspended pending an investigation of whether Optionee's Continuous Service Status will be terminated for Cause, all Optionee's rights under this Option, including the right to exercise this Option, shall be suspended during the investigation period. View More
Method of Payment. Payment Unless otherwise specified by the Company in its sole discretion to comply with Applicable Laws or facilitate the administration of the Plan, payment of the Exercise Price shall be by any cash or check or, following the initial public offering of the following, Company's Common Stock, by Cashless Exercise pursuant to which the Optionee delivers an irrevocable direction to a securities broker (on a form prescribed by the Company and according to a procedure established by the Company). Op...tionee understands and agrees that, if required by the Company or Applicable Laws, any cross-border cash remittance made to exercise this Option or transfer proceeds received upon the sale of Shares must be made through a combination locally authorized financial institution or registered foreign exchange agency and may require Optionee to provide to such entity certain information regarding the transaction. Moreover, Optionee understands and agrees that the future value of the following, at underlying Shares is unknown and cannot be predicted with certainty and may decrease in value, even below the election of Optionee: (a) cash Exercise Price. Optionee understands that neither the Company nor any Subsidiary or check; (b) cancellation of indebtedness; (c) at Affiliate is responsible for any foreign exchange fluctuation between local currency and the United States Dollar or the selection by the Company or any Subsidiary or Affiliate in its sole discretion of an applicable foreign currency exchange rate that may affect the Plan Administrator on a case by case basis, by surrender of other shares of Common Stock value of the Company (either directly Option (or the calculation of income or by stock attestation) that Optionee previously acquired and that have an aggregate Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Shares as to which this Option is being exercised; or (d) at the discretion of the Plan Administrator on a case by case basis, by Cashless Exercise. 2 Tax-Related Items thereunder). -3- 5. Termination of Relationship. Following the date of termination of Optionee's Continuous Service Status for any reason (the "Termination Date"), Optionee may exercise this Option only as set forth in the Notice and this Section 5. To the extent that Optionee is not entitled to exercise this Option as of the Termination Date, or if If Optionee does not exercise this Option within the Termination Period set forth in the Notice or the termination periods set forth below, this Option shall terminate in its entirety. In no event, may any Option be exercised after the Expiration Date of this Option as set forth in the Notice. For the avoidance of doubt and for purposes of this Option only, termination of Continuous Service Status and the Termination Date will be deemed to occur as of the date Optionee is no longer actively providing services as an Employee or Consultant (except, in certain circumstances, to the extent Optionee is on a Company-approved leave of absence and subject to any Company policy or Applicable Laws regarding such leaves) and will not be extended by any notice period or "garden leave" that may be required contractually or under Applicable Laws, unless otherwise determined by the Company in its sole discretion. (a) General Termination. In the event of termination of Optionee's Continuous Service Status other than as a result of Optionee's Disability or death or Optionee's termination for Cause, Optionee may, to the extent Optionee is vested in the Option Shares at the date of such termination (the "Termination Date"), Optioned Stock, exercise this Option during the Termination Period set forth in the Notice. (b) Other Terminations. In connection with any termination other than a termination covered by Section 5(a), Optionee may exercise this Option only as described below: (i) Termination upon Disability of Optionee. In the event of termination of Optionee's Continuous Service Status as a result of Optionee's Disability, Optionee may, but only within 12 months following the Termination Date, exercise this Option to the extent Optionee was is vested in the Option Shares as of such Termination Date. (ii) Optioned Stock. (c) Death of Optionee. In the event of termination of Optionee's Continuous Service Status as a result of Optionee's death, or in the event of Optionee's death within 3 months following Optionee's Termination Date, this Option may be exercised at any time within 12 months following the Termination Date, or if later, 12 months following the date of death (or, by any beneficiaries designated in accordance with Section 16 of the Plan or, if earlier, there are no such beneficiaries, by the date Optionee's Continuous Service Status terminated) by Optionee's estate estate, or by a person who acquired the right to exercise this the Option by bequest or inheritance, but only to the extent Optionee was is vested in this Option as of the Termination Date. (iii) Optioned Stock. -4- (d) Termination for Cause. In the event of termination of Optionee's Continuous Service Status for Cause, this Option (including any vested portion thereof) shall immediately terminate in its entirety upon first notification to Optionee of such termination for Cause. If Optionee's Continuous Service Status is suspended pending an investigation of whether Optionee's Continuous Service Status will be terminated for Cause, all Optionee's rights under this Option, including the right to exercise this Option, shall be suspended during the investigation period. View More
Method of Payment. Payment of the Exercise Price shall be by any of the following, or a combination of the following, at the election of Optionee: (a) cash or check; (b) cancellation of indebtedness; (c) at prior to the discretion of date, if any, upon which the Plan Administrator on Common Stock becomes a case by case basis, Listed Security, by surrender of other shares of Common Stock of the Company (either directly or by stock attestation) that Optionee previously acquired and that have an aggregate Fair Market... Value on the date of surrender equal to the aggregate Exercise Price of the Shares as to which this the Option is being exercised; exercised. In the case of shares acquired directly or indirectly from the Company, such shares must have been owned by Optionee for more than six (6) months on the date of surrender (or such other period of time as is necessary to avoid the Company's incurring adverse accounting charges); Flxt Exh 10 4 Form of option grant.docx -5- (d) following the date, if any, upon which the Common Stock is a Listed Security, and if the Company is at such time permitting "same day sale" cashless brokered exercises, delivery of a properly executed exercise notice together with irrevocable instructions to a broker participating in such cashless brokered exercise program to deliver promptly to the discretion Company the amount required to pay the exercise price (and applicable withholding taxes); or (e) use of the Plan Administrator on build-in equity value of an Option resulting in reducing the number of net Shares that will be received as a case by case basis, by Cashless Exercise. 2 result of the exercise of such Option, 5. Termination of Relationship. Following the date of termination of Optionee's Continuous Service Status for any reason (the "Termination Date"), Optionee may exercise this the Option only as set forth in the Notice and this Section 5. To the extent that Optionee is not entitled to exercise this Option as of the Termination Date, or if Optionee does not exercise this Option within the Termination Period set forth in the Notice or the termination periods set forth below, this the Option shall terminate in its entirety. In no event, may any Option be exercised after the Expiration Date of this the Option as set forth in the Notice. (a) Termination. In the event of termination of Optionee's Continuous Service Status other than as a result of Optionee's Disability disability or death or for Cause, Cause (as defined in the Plan), Optionee may, to the extent Optionee is vested in the Option Shares at the date of such termination (the "Termination Date"), exercise this Option during the Termination Period set forth in the Notice. (b) Other Terminations. In connection with any termination other than a termination covered by Section 5(a), Optionee may exercise this the Option only as described below: (i) Termination upon Disability of Optionee. In the event of termination of Optionee's Continuous Service Status as a result of Optionee's Disability, disability, Optionee may, but only within 12 twelve months following from the Termination Date, exercise this Option to the extent Optionee was vested in the Option Shares as of such Termination Date. (ii) Death of Optionee. In the event of termination the death of Optionee's Optionee (a) during the term of this Option and while an Employee, Director or Consultant of the Company and having been in Continuous Service Status as a result since the date of Optionee's death, grant of the Option, or in the event of Optionee's death (b) within 3 months following thirty (30) days after Optionee's Termination Date, this the Option may be exercised at any time within 12 twelve months following the date of death (or, if earlier, the date Optionee's Continuous Service Status terminated) by Optionee's estate or by a person who acquired the right to exercise this the Option by bequest or inheritance, but only to the extent Optionee was vested in this the Option as of the Termination Date. (iii) Termination for Cause. In the event of termination of Optionee's Continuous Service Status for Cause, this Option (including any vested portion thereof) shall immediately terminate in its entirety upon first notification to Optionee of such termination for Cause. If Optionee's Continuous Service Status is terminated for Cause, the Option shall terminate immediately upon such termination for Cause as set forth in Section 9(b)(iv) of the Plan. In the event Optionee's employment or consulting relationship with the Company is suspended pending an investigation of whether Optionee's Continuous Service Status will such relationship shall be terminated for Cause, all Optionee's rights under this the Option, including the right to exercise this the Flxt Exh 10 4 Form of option grant.docx -6- Option, shall be suspended during the investigation period. period, also as set forth in Section 9(b)(iv) of the Plan. View More
Method of Payment. If the Grantee elects to exercise the Option by submitting an Exercise Notice in accordance with Section 2(b) above, the aggregate Option Price (as well as any applicable withholding or other taxes) shall be paid by cash or check; provided, however, that the Committee may, but is not required to, consent to payment in any of the following forms, or a combination of them: (a) cash or check; (b) a "net exercise" under which the Company reduces the number of Shares issued upon exercise by the large...st whole number of Shares with a Fair Market Value that does not exceed the aggregate Option Price and any applicable withholding, or such other consideration received by the Company under a cashless exercise program approved by the Company in connection with the Plan; (c) surrender of other Shares owned by the Grantee that have a Fair Market Value on the date of surrender equal to the aggregate Option Price of the exercised Shares and any applicable withholding; or Terms and Conditions - Page 1 (d) any other consideration that the Committee deems appropriate and in compliance with applicable law.View More
Method of Payment. If the Grantee Optionee elects to exercise the Option by submitting an Exercise Notice in accordance with under Section 2(b) above, of this Agreement, the aggregate Option Exercise Price (as well as any applicable withholding or other taxes) shall be paid by cash or check; provided, however, that the Committee may, but is not required to, consent to may accept, in its discretion, payment in any of the following forms, or a combination of them: (a) cash or check; (b) a "net exercise" under which ...the Company reduces the number of Shares shares of Common Stock issued upon exercise by the largest whole number of Shares shares with a Fair Market Value that does not exceed the aggregate Option Exercise Price and any applicable withholding, or such other consideration received by the Company under a cashless exercise program approved by the Company in connection with the Plan; 1 (c) surrender of other Shares shares of Common Stock owned by the Grantee that Optionee which have a Fair Market Value on the date of surrender equal to the aggregate Option Exercise Price of the exercised Shares and any applicable withholding; or Terms and Conditions - Page 1 (d) any other consideration that the Committee deems appropriate and in compliance with applicable law. View More
Method of Payment. If the Grantee elects to exercise the Option by submitting an Exercise Notice in accordance with Section 2(b) above, the aggregate Option Price (as well as any applicable withholding or other taxes) shall be paid by cash or check; in one of the following forms, subject to the Company's policies and procedures; provided, however, that the Committee may, but is not required to, consent to payment in any of the following forms, or a combination of them: (a) delivery of cash in a manner that is acce...ptable to the Company; (b) delivery (on a form prescribed by the Company) of an irrevocable direction to a licensed securities broker acceptable to the Company to sell shares of Stock and to deliver all or check; (b) part of the sale proceeds to the Company in payment of the aggregate Option Price and any applicable withholding; (c) a "net exercise" under which the Company reduces the number of Shares issued upon exercise by the largest whole number of Shares with a Fair Market Value that does not exceed the aggregate Option Price and any applicable withholding, or such other consideration received by the Company under a cashless exercise program approved by the Company in connection with the Plan; (c) (d) surrender of other Shares owned by the Grantee that have a Fair Market Value on the date of surrender equal to the aggregate Option Price of the exercised Shares and any applicable withholding; or Terms and Conditions - Page 1 (d) (e) any other consideration that the Committee deems appropriate and in compliance with applicable law. The issuance of the shares of Stock upon exercise of this Option shall be evidenced in such a manner as the Company, in its discretion, deems appropriate, including, without limitation, book-entry or direct registration or the issuance of one or more Stock certificates. View More
Method of Payment. If the Grantee Optionee elects to exercise the Option by submitting an Exercise Notice in accordance with under Section 2(b) above, of this Agreement, the aggregate Option Purchase Price (as well as any applicable withholding or other taxes) shall be paid by cash or check; provided, however, that the Committee may, but is not required to, consent Board may consent, in its discretion, to payment in any of the following forms, or a combination of them: (a) cash or check; (b) a "net exercise" under... which the Company reduces the number of Shares issued upon exercise by the largest whole number of Shares with a Fair Market Value that does not exceed the aggregate Option Price and any applicable withholding, or such other consideration received by the Company under a formal cashless exercise program approved adopted by the Company in connection with the Plan; (c) surrender of other Shares which (i) have been owned by the Grantee that Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Option Purchase Price of the exercised Shares and any applicable withholding; Exercised Shares; or Terms and Conditions - Page 1 (d) any other consideration that the Committee Board deems appropriate and in compliance with applicable law. View More
Method of Payment. Payment of the Exercise Price shall be by any of the following, or a combination of the following, at the election of Optionee: (a) cash or check; (b) cancellation of indebtedness; (c) prior to the date, if any, upon which the Common Stock becomes a Listed Security, by surrender of other shares of Common Stock of the Company that have an aggregate Fair Market Value on the date of surrender equal to the Exercise Price of the Shares as to which the Option is being exercised. In the case of shares ...acquired directly or indirectly from the Company, such shares must have been owned by Optionee for more than six (6) months on the date of surrender (or such other period of time as is necessary to avoid the Company's incurring adverse accounting charges); or -2- (d) following the date, if any, upon which the Common Stock is a Listed Security, and if the Company is at such time permitting "same day sale" cashless brokered exercises, delivery of a properly executed exercise notice together with irrevocable instructions to a broker participating in such cashless brokered exercise program to deliver promptly to the Company the amount required to pay the exercise price (and applicable withholding taxes).View More
Method of Payment. Payment of the Exercise Price shall be by any of the following, or a combination of the following, at the election of Optionee: (a) cash or check; (b) cancellation of indebtedness; (c) prior subject to any requirements of Applicable Laws, delivery of Optionee's promissory note having such recourse, interest, security and redemption provisions as the date, if any, upon which the Common Stock becomes a Listed Security, Administrator determines to be appropriate; (d) by surrender of other shares (m...eaning, shares not subject to this Option) of Common Stock of the Company that have an aggregate Fair Market Value on the date of surrender equal to the Exercise Price of the Shares as to which the Option is being exercised. In the case of shares acquired directly or indirectly from the Company, such shares must have been owned by Optionee for more than six (6) months on the date of surrender (or such other period of time as is necessary to avoid the Company's incurring adverse accounting charges); or -2- (d) (e) following the date, if any, upon which the Common Stock is a Listed Security, and if the Company is at such time permitting "same day sale" cashless brokered exercises, delivery of a properly executed exercise notice together with irrevocable instructions to a broker participating in such cashless brokered exercise program to deliver promptly to the Company the amount required to pay the exercise price (and applicable withholding taxes). View More
Method of Payment. Payment of the Exercise Price shall be by any of the following, or a combination of the following, at the election of Optionee: (a) cash or check; (b) cancellation of indebtedness; (c) prior to the date, if any, upon which the Common Stock becomes a Listed Security, by surrender of other shares of Common Stock of the Company that have an aggregate Fair Market Value on the date of surrender equal to the Exercise Price of the Shares as to which the Option is being exercised. In the case of shares ...acquired directly or indirectly from the Company, such shares must have been owned by Optionee for more than six (6) months on the date of surrender (or such other period of time as is necessary to avoid the Company's incurring adverse accounting charges); or -2- (d) (c) following the date, if any, upon which the Common Stock is a Listed Security, and if the Company is at such time permitting "same day sale" cashless brokered exercises, delivery of a properly executed exercise notice together with irrevocable instructions to a broker participating in such cashless brokered exercise program approved by the Company to deliver promptly to the Company the amount of sale or loan proceeds required to pay the exercise price (and applicable withholding taxes). price. View More
Method of Payment. Payment of the Exercise Price shall be by any of the following, or a combination of the following, at the election of Optionee: (a) cash or check; (b) cancellation of indebtedness; (c) prior to the date, if any, upon which the Common Stock becomes a Listed Security, by surrender of other shares of Common Stock of the Company that have an aggregate Fair Market Value on the date of surrender equal to the Exercise Price of the Shares as to which the Option is being exercised. In the case of shares ...acquired directly or indirectly from the Company, such shares must have been owned by Optionee for more than six (6) months on the date of surrender (or such other period of time as is necessary to avoid the Company's incurring adverse accounting charges); or -2- (d) (c) following the date, if any, upon which the Common Stock is a Listed Security, and if the Company is at such time permitting "same day sale" cashless brokered exercises, delivery of a properly executed exercise notice together with irrevocable instructions to a broker participating in such cashless brokered exercise program approved by the Company to deliver promptly to the Company the amount of sale or loan proceeds required to pay the exercise price (and applicable withholding taxes). price. View More
Method of Payment. The aggregate Exercise Price may be paid by any of the following, or a combination thereof, at the election of the Optionee: (a) cash; (b) check; (c) to the extent not prohibited by Section 402 of the Sarbanes-Oxley Act of 2002, a promissory note; (d) other shares of Common Stock, provided Shares have a Fair Market Value on the date of surrender equal to the aggregate exercise price of the Shares as to which said Option will be exercised; (e) by asking the Company to withhold Shares from the tot...al Shares to be delivered upon exercise equal to the number of Shares having a value equal to the aggregate Exercise Price of the Shares being acquired; (f) any combination of the foregoing methods of payment; or (g) such other consideration and method of payment for the issuance of Shares to the extent permitted by Applicable Laws.View More
Method of Payment. The aggregate Exercise Price may be paid by any of the following, or a combination thereof, at the election of the Optionee: (a) cash; (b) check; (c) to the extent not prohibited by Section 402 of the Sarbanes-Oxley Act of 2002, a promissory note; (d) other shares of Common Stock, provided Shares have a Fair Market Value on the date of surrender equal to the aggregate exercise price of the Shares as to which said Option will be exercised; (e) by asking the Company to withhold Shares from the tot...al Shares to be delivered upon exercise equal to the number of Shares having a value equal to the aggregate Exercise Price of the Shares being acquired; (f) (e) any combination of the foregoing methods of payment; or (g) (f) such other consideration and method of payment for the issuance of Shares to the extent permitted by Applicable Laws. View More
Method of Payment. The aggregate Exercise Price may be paid by any of the following, or a combination thereof, at the election of the Optionee: (a) cash; (b) check; (c) to the extent not prohibited by Section 402 of the Sarbanes-Oxley Act of 2002, a promissory note; (d) other shares of Common Stock, Shares, provided Shares have a Fair Market Value on the date of surrender equal to the aggregate exercise price of the Shares as to which said Option will be exercised; P a g e | 3 (e) by asking the Company to withhold... Shares from the total Shares to be delivered upon exercise equal to the number of Shares having a value equal to the aggregate Exercise Price of the Shares being acquired; (f) any combination of the foregoing methods of payment; or (g) such other consideration and method of payment for the issuance of Shares to the extent permitted by Applicable Laws. View More
Method of Payment. The aggregate Exercise Price may be paid by any of the following, or a combination thereof, at the election of the Optionee: (a) cash; (b) check; 3 Hydrocarb Energy Corp. - Stock Option Agreement K. Andrew Lai (c) to the extent not prohibited by Section 402 of the Sarbanes-Oxley Act of 2002, a promissory note; (d) other shares of Common Stock, provided Shares have a Fair Market Value on the date of surrender equal to the aggregate exercise price of the Shares as to which said Option will be exer...cised; (e) by asking the Company to withhold Shares from the total Shares to be delivered upon exercise equal to the number of Shares having a value equal to the aggregate Exercise Price of the Shares being acquired; (f) any combination of the foregoing methods of payment; or (g) such other consideration and method of payment for the issuance of Shares to the extent permitted by Applicable Laws. Laws and the Plan. View More
