Option Exercise Price and Consideration Contract Clauses (113)
Grouped Into 1 Collection of Similar Clauses From Business Contracts
This page contains Option Exercise Price and Consideration clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Option Exercise Price and Consideration. (a) Exercise Price. The per share exercise price for the Shares to be issued upon exercise of an Option shall be such price as is determined by the Administrator, but shall be subject to the following: (i) In the case of an Incentive Stock Option (A) granted to an Employee who, at the time of grant of such Option, owns stock representing more than ten percent (10%) of the voting power of all classes of stock of the Company or any Parent or Subsidiary, the exercise price shall be no less than 110...% of the Fair Market Value per Share on the date of grant. (B) granted to any other Employee, the per Share exercise price shall be no less than 100% of the Fair Market Value per Share on the date of grant. (ii) In the case of a Nonstatutory Stock Option (A) granted to any other Service Provider, the per Share exercise price shall be determined by the Administrator. (iii) Notwithstanding the foregoing, Options may be granted with a per Share exercise price other than as required above pursuant to a merger or other corporate transaction. (b) Forms of Consideration. The consideration to be paid for the Shares to be issued upon exercise of an Option, including the method of payment, shall be determined by the Administrator (and, in the case of an Incentive Stock Option, shall be determined at the time of grant). Such consideration may consist of, without limitation, (1) cash, (2) check, (3) promissory note, (4) other Shares, provided Shares acquired directly from the Company (x) have been owned by the Optionee for more than six (6) months on the date of surrender, and (y) have a Fair Market Value on the date of surrender equal to the aggregate exercise price of the Shares as to which such Option shall be exercised, (5) consideration received by the Company under a cashless exercise program implemented by the Company in connection with the Plan, or (6) any combination of the foregoing methods of payment. In making its determination as to the type of consideration to accept, the Administrator shall consider if acceptance of such consideration may be reasonably expected to benefit the Company.View More
Option Exercise Price and Consideration. (a) Exercise Price. The per share Share exercise price for the Shares to be issued upon pursuant to the exercise of an Option shall be such price as is determined by the Administrator, Administrator and set forth in the Option Agreement, but shall be subject to the following: (i) In the case of an Incentive Stock Option (A) granted to an Employee who, who at the time of grant of such Option, owns stock representing more than ten percent (10%) of is a Ten Percent Holder, the voting power of all c...lasses of stock of the Company or any Parent or Subsidiary, the per Share exercise price shall be no less than 110% of the Fair Market Value per Share on the date of grant. grant; (B) granted to any other Employee, the per Share exercise price shall be no less than 100% of the Fair Market Value per Share on the date of grant. grant; (ii) Except as provided in subsection (iii) below, in the case of a Nonstatutory Stock Option the per Share exercise price shall be such price as is determined by the Administrator, provided that, if the per Share exercise price is less than 100% of the Fair Market Value on the date of grant, it shall otherwise comply with all Applicable Laws, including Section 409A of the Code; (iii) In the case of a Nonstatutory Stock Option (A) that is intended to qualify as performance-based compensation under Section 162(m) of the Code and is granted to any other Service Provider, on or after the date, if ever, on which the Common Stock becomes a Listed Security, the per Share exercise price shall be determined by no less than 100% of the Administrator. (iii) Fair Market Value on the date of grant; and (iv) Notwithstanding the foregoing, Options may be granted with a per Share exercise price other than as required above pursuant to a merger or other corporate transaction. (b) Forms of Permissible Consideration. The consideration to be paid for the Shares to be issued upon exercise of an Option, including the method of payment, shall be determined by the Administrator (and, in the case of an Incentive Stock Option, Option and to the extent required by Applicable Laws, shall be determined at the time of grant). Such consideration grant) and may consist of, without limitation, entirely of (1) cash, cash; 9 (2) check, check; (3) to the extent permitted under Applicable Laws, delivery of a promissory note, note with such recourse, interest, security and redemption provisions as the Administrator determines to be appropriate (subject to the provisions of Section 153 of the Delaware General Corporation Law); (4) cancellation of indebtedness; (5) other Shares, provided previously owned Shares acquired directly from the Company (x) have been owned by the Optionee for more than six (6) months on the date of surrender, and (y) that have a Fair Market Value on the date of surrender equal to the aggregate exercise price of the Shares as to which the Option is exercised; (6) a Cashless Transaction; (7) such Option shall be exercised, (5) other consideration received by the Company and method of payment permitted under a cashless exercise program implemented by the Company in connection with the Plan, Applicable Laws; or (6) (8) any combination of the foregoing methods of payment. In making its determination as to the type of consideration to accept, the Administrator shall consider if acceptance of such consideration may be reasonably expected to benefit the Company. Company and the Administrator may, in its sole discretion, refuse to accept a particular form of consideration at the time of any Option exercise. View More
Option Exercise Price and Consideration. (a) Exercise Price. The per share Share exercise price for the Shares to be issued upon pursuant to the exercise of an Option shall be such price as is determined by the Administrator, Administrator and set forth in the Option Agreement, but shall be subject to the following: (i) In the case of an Incentive Stock Option (A) granted to an Employee who, who at the time of grant of such Option, owns stock representing more than ten percent (10%) of is a Ten Percent Holder, the voting power of all c...lasses of stock of the Company or any Parent or Subsidiary, the per Share exercise price shall be no less than 110% of the Fair Market Value per Share on the date of grant. grant; (B) granted to any other Employee, the per Share exercise price shall be no less than 100% of the Fair Market Value per Share on the date of grant. grant; (ii) Except as provided in subsection (iii) below, in the case of a Nonstatutory Stock Option the per Share exercise price shall be such price as is determined by the Administrator, provided that, if the per Share exercise price is less than 100% of the Fair Market Value on the date of grant, it shall otherwise comply with all Applicable Laws, including Section 409A of the Code; 10 (iii) In the case of a Nonstatutory Stock Option (A) that is intended to qualify as performance-based compensation under Section 162(m) of the Code and is granted to any other Service Provider, on or after the date, if ever, on which the Common Stock becomes a Listed Security, the per Share exercise price shall be determined by no less than 100% of the Administrator. (iii) Fair Market Value on the date of grant; and (iv) Notwithstanding the foregoing, Options may be granted with a per Share exercise price other than as required above pursuant to a merger or other corporate transaction. (b) Forms of Permissible Consideration. The consideration to be paid for the Shares to be issued upon exercise of an Option, including the method of payment, shall be determined by the Administrator (and, in the case of an Incentive Stock Option, Option and to the extent required by Applicable Laws, shall be determined at the time of grant). Such consideration grant) and may consist of, without limitation, entirely of (1) cash, cash; (2) check, check; (3) to the extent permitted under Applicable Laws, delivery of a promissory note, note with such recourse, interest, security and redemption provisions as the Administrator determines to be appropriate (subject to the provisions of Section 153 of the Delaware General Corporation Law); (4) cancellation of indebtedness; (5) other Shares, provided previously owned Shares acquired directly from the Company (x) have been owned by the Optionee for more than six (6) months on the date of surrender, and (y) that have a Fair Market Value on the date of surrender equal to the aggregate exercise price of the Shares as to which the Option is exercised; (6) a Cashless Exercise; (7) such Option shall be exercised, (5) other consideration received by the Company and method of payment permitted under a cashless exercise program implemented by the Company in connection with the Plan, Applicable Laws; or (6) (8) any combination of the foregoing methods of payment. In making its determination as to the type of consideration to accept, the Administrator shall consider if acceptance of such consideration may be reasonably expected to benefit the Company. Company and the Administrator may, in its sole discretion, refuse to accept a particular form of consideration at the time of any Option exercise. View More
Option Exercise Price and Consideration. (a) Exercise Price. The per share Share exercise price for the Shares to be issued upon pursuant to the exercise of an Option shall be such price as is determined by the Administrator, Administrator and set forth in the Option Agreement, but shall be subject to the following: (i) In the case of an Incentive Stock Option (A) granted to an Employee who, who at the time of grant of such Option, owns stock representing more than ten percent (10%) of is a Ten Percent Holder, the voting power of all c...lasses of stock of the Company or any Parent or Subsidiary, the per Share exercise price shall be no less than 110% of the Fair Market Value per Share on the date of grant. grant; 8 (B) granted to any other Employee, the per Share exercise price shall be no less than 100% of the Fair Market Value per Share on the date of grant. grant; (ii) Except as provided in subsection (iii) below, in the case of a Nonstatutory Stock Option the per Share exercise price shall be such price as is determined by the Administrator, provided that, if the per Share exercise price is less than 100% of the Fair Market Value on the date of grant, it shall otherwise comply with all Applicable Laws, including Section 409A of the Code; (iii) In the case of a Nonstatutory Stock Option (A) that is intended to qualify as performance-based compensation under Section 162(m) of the Code and is granted to any other Service Provider, on or after the date, if ever, on which the Common Stock becomes a Listed Security, the per Share exercise price shall be determined by no less than 100% of the Administrator. (iii) Fair Market Value on the date of grant; and (iv) Notwithstanding the foregoing, Options may be granted with a per Share exercise price other than as required above pursuant to a merger or other corporate transaction. (b) Forms of Permissible Consideration. The consideration to be paid for the Shares to be issued upon exercise of an Option, including the method of payment, shall be determined by the Administrator (and, in the case of an Incentive Stock Option, Option and to the extent required by Applicable Laws, shall be determined at the time of grant). Such consideration grant) and may consist of, without limitation, entirely of (1) cash, cash; (2) check, check; (3) to the extent permitted under Applicable Laws, delivery of a promissory note, note with such recourse, interest, security and redemption provisions as the Administrator determines to be appropriate (subject to the provisions of Section 153 of the Delaware General Corporation Law); (4) cancellation of indebtedness; other Shares, provided previously owned Shares acquired directly from the Company (x) have been owned by the Optionee for more than six (6) months on the date of surrender, and (y) that have a Fair Market Value on the date of surrender equal to the aggregate exercise price of the Shares as to which the Option is exercised; a Cashless Exercise; (7) such Option shall be exercised, (5) other consideration received by the Company and method of payment permitted under a cashless exercise program implemented by the Company in connection with the Plan, Applicable Laws; or (6) (8) any combination of the foregoing methods of payment. In making its determination as to the type of consideration to accept, the Administrator shall consider if acceptance of such consideration may be reasonably expected to benefit the Company. Company and the Administrator may, in its sole discretion, refuse to accept a particular form of consideration at the time of any Option exercise. View More
