Method of Payment Clause Example with 177 Variations from Business Contracts
This page contains Method of Payment 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 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
Variations of a "Method of Payment" Clause from Business Contracts
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 Class A 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 Class A 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 cover". 1 (b) Provided that at the time of exercise the Class A Common Stock is publicly traded, by delivery to the Company (either by actual delivery or attestation) of already-owned shares of Class A 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 Class A Common Stock in a form approved by the Company. You may not exercise your option by delivery to the Company of Class A 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 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 Class A 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 Class A 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 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 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 manner of payment is also known as a "broker-assisted exercise", "same day sale", or "sell to cover"); or proceeds. (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 either that you have held for the period required to avoid a charge to the Company's reported earnings (generally six (6) months) or that you did not acquire, directly or indirectly from the Company, 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 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, you may not exercise your option by delivery tender to the Company of Common Stock if doing so to the extent such tender 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 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 Exercise Price is due in full upon exercise of all or any part of your option. this Option. You may elect to make payment of the exercise price 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: following methods: (a) In the Company's sole discretion a...t 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 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 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 proceeds. (b) Provided that at the time of exercise the Common Stock is publicly traded, by 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 this Option, may be satisfied by 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 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 this Option by the largest whole number of shares with a Fair Market Value that does not exceed the aggregate exercise price. You must pay Exercise Price; provided, however, that the Company shall accept a cash or other payment from you to the extent of any remaining balance of the aggregate exercise price Exercise Price not satisfied by such reduction in the "net exercise" in cash or other permitted form number of payment. Shares whole shares to be issued; provided, further, however, that shares of Common Stock will no longer be outstanding under your option this Option and will not be exercisable thereafter if those to the extent that (1) shares (i) are used to pay the exercise price Exercise Price pursuant to the "net exercise," (ii) exercise" and (2) shares are delivered to you as a result of such exercise, and (iii) are withheld to satisfy your tax withholding obligations. exercise. View More
Method of Payment. Payment of You must pay 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 amount of the exercise price in cash for the shares you wish to exercise. The permitted methods of payment are as follows: (a) by cash, check, bank draft, electronic funds transfer or by check or in any other manner permitted by your G...rant Notice, which may include one or more of money order payable to the following: (a) In the Company's sole discretion Company; (b) subject to Company and/or Board consent at the time your option is exercised of exercise and 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 cover"; (c) subject to Company and/or Board consent at the time of exercise and 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 stock; (d) subject to Company and/or Board consent at the time of exercise, and provided that the 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 the Option by the largest whole number of shares with a Fair Market Value that does not exceed the aggregate exercise price. You price plus, to the extent permitted by the Company and/or Board at the time of exercise, the aggregate withholding obligations in respect of the Option exercise; provided, further that 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 subject to the Option and will not be exercisable thereafter if those to the extent that (A) shares (i) issuable upon exercise are used to pay the exercise price pursuant to the "net exercise," (ii) (B) shares are delivered to you as a result of such exercise, and (iii) (C) shares are withheld to satisfy your tax withholding obligations. obligations; (e) subject to the consent of the Company and/or Board at the time of exercise, according to a deferred payment or similar arrangement with you; provided, however, that interest will compound at least annually and will be charged at the minimum rate of interest necessary to avoid (A) the imputation of interest income to the Company and compensation income to the Optionholder under any applicable provisions of the Code, and (B) the classification of the Option as a liability for financial accounting purposes; or 2. (f) in any other form of legal consideration that may be acceptable to the Board. View More
Method of Payment. Payment of You must pay 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 amount of the exercise price for the shares of Common Stock subject to the Award that you wish to exercise. If permitted in cash or by check or in any other manner permitted by your Grant Notice, which grant notice, you may include pay... the exercise price through one or 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, pursuant to traded, using a program developed under Regulation T T, as promulgated provided 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", exercise," "same day sale", sale" or "sell to cover"); or cover." (b) Provided By a "net exercise" arrangement pursuant to which the Company will reduce the number of shares of Common Stock issuable on exercise by the largest whole number of shares with a Fair Market Value that does not exceed the aggregate exercise price. You must submit an additional payment to the extent of any remaining balance of the aggregate exercise price not satisfied by such reduction in the number of whole shares to be issued. (c) If permitted by the Board at the time of exercise the Common Stock is publicly traded, exercise, 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, the Award (or any vested portion thereof), 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 the Award (or any exercisable portion thereof) 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 of You must pay 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 amount of the exercise price in cash for the shares you wish to exercise. The permitted methods of payment are as follows: (a) by cash, check, bank draft, electronic funds transfer or by check or in any other manner permitted by your G...rant Notice, which may include one or more of money order payable to the following: (a) In the Company's sole discretion Company; (b) subject to Company and/or Board consent at the time your option is exercised of exercise and 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 cover"; (c) subject to Company and/or Board consent at the time of exercise and 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 stock; (d) subject to Company and/or Board consent at the time of exercise, and provided that the 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 the Option by the largest whole number of shares with a Fair Market Value that does not exceed the aggregate exercise price. You price plus, to the extent permitted by the Company and/or Board at the time of exercise, the aggregate withholding obligations in respect of the Option exercise; provided, further that 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 subject to the Option and will not be exercisable thereafter if those to the extent that (A) shares (i) issuable upon exercise are used to pay the exercise price pursuant to the "net exercise," (ii) (B) shares are delivered to you as a result of such exercise, and (iii) (C) shares are withheld to satisfy your tax withholding obligations. obligations; (e) subject to the consent of the Company and/or Board at the time of exercise, according to a deferred payment or similar arrangement with you; provided, however, that interest will compound at least annually and will be charged at the minimum rate of interest necessary to avoid (A) the imputation of interest income to the Company and compensation income to the Optionholder under any applicable provisions of the Code, and (B) the classification of the Option as a liability for financial accounting purposes; or (f) in any other form of legal consideration that may be acceptable to the Board. 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 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 proceeds. (b) In the Company's sole discretion at the time your option is also known as a "broker-assisted exercise", "same day sale", or "sell to cover"); or (b) Provided exercised and provided that at the time of exercise the Common Stock is publicly traded, traded and quoted regularly in The Wall Street Journal, by delivery to the Company (either by actual delivery or attestation) of already-owned shares of Common Stock either that you have held for the period required to avoid a charge to the Company's reported earnings (generally six (6) months) or that you did not acquire, directly or indirectly from the Company, 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 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 1. foregoing, you may not exercise your option by delivery tender to the Company of Common Stock if doing so to the extent such tender 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 of You must pay 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 amount of the exercise price in cash for the shares you wish to exercise. You may pay the exercise price as follows: (a) By cash, check, bank draft, electronic funds transfer or by check or in any other manner permitted by your Grant N...otice, which may include one or more of money order payable to the following: (a) In the Company's sole discretion Company; (b) subject to Company and/or Board consent at the time your option is exercised of exercise and 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 cover"; (c) subject to Company and/or Board consent at the time of exercise and 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 stock; (d) subject to Company and/or Board consent at the time of exercise, and provided that the 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 the Option by the largest whole number of shares with a Fair Market Value that does not exceed the aggregate exercise price. You price plus, to the extent permitted by the Company and/or Board at the time of exercise, the aggregate withholding obligations in respect of the Option exercise; provided, further that 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 subject to the Option and will not be exercisable thereafter if those to the extent that (A) shares (i) issuable upon exercise are used to pay the exercise price pursuant to the "net exercise," (ii) (B) shares are delivered to you as a result of such exercise, and (iii) (C) shares are withheld to satisfy your tax withholding obligations. obligations; (e) subject to the consent of the Company and/or Board at the time of exercise, according to a deferred payment or similar arrangement with you; provided, however, that interest will compound at least annually and will be charged at the minimum rate of interest necessary to avoid (A) the imputation of interest income to the Company and compensation income to the Optionholder under any applicable provisions of the Code, and (B) the classification of the Option as a liability for financial accounting purposes; or 2. (f) in any other form of legal consideration that may be acceptable to the Board. 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, wire transfer or money order payable to the Company or in any other manner permitted by your Grant Notice, which ma...y 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 set forth below: a. 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 2 b. Provided that at the time of exercise, by a "net exercise" arrangement exercise the Common Stock is publicly traded, pursuant to which 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 will reduce or the number receipt 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 irrevocable instructions to 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 Company from the sales proceeds. This manner of payment is also known as a result of such exercise, and (iii) are withheld "broker-assisted exercise", "same day sale", or "sell 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 Provide...d 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 manner of payment is also known as a "broker-assisted exercise", "same day sale", or "sell to cover"); or proceeds. (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 Notwithstanding the sole discretion of the Company at the time foregoing, 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 tender to the Company of Common Stock if doing so to the extent such tender 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
