Shares Subject to the Plan Clause Example with 48 Variations from Business Contracts
This page contains Shares Subject to the Plan 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.
Shares Subject to the Plan. (a) The number of Shares which may be issued from time to time pursuant to this Plan shall be 2,000,000 shares of Common Stock or the equivalent of such number of Shares after the Administrator, in its sole discretion, has interpreted the effect of any stock split, stock dividend, combination, recapitalization or similar transaction in accordance with Paragraph 24 of the Plan. (b) If an Option ceases to be "outstanding", in whole or in part (other than by exercise), or if the Company shall reacq...uire (at not more than its original issuance price) any Shares issued pursuant to a Stock Grant or Stock-Based Award, or if any Stock Right expires or is forfeited, cancelled, or otherwise terminated or results in any Shares not being issued, the unissued or reacquired Shares which were subject to such Stock Right shall again be available for issuance from time to time pursuant to this Plan. Notwithstanding the foregoing, if a Stock Right is exercised, in whole or in part, by tender of Shares or if the Company or an Affiliate's tax withholding obligation is satisfied by withholding Shares, the number of Shares deemed to have been issued under the Plan for purposes of the limitation set forth in Paragraph 3(a) above shall be the number of Shares that were subject to the Stock Right or portion thereof, and not the net number of Shares actually issued.View More
Variations of a "Shares Subject to the Plan" Clause from Business Contracts
Shares Subject to the Plan. (a) The number of Shares which may be issued from time to time pursuant to this Plan shall be 2,000,000 shares of Common Stock 4,000,000, or the equivalent of such number of Shares after the Administrator, in its sole discretion, has interpreted the effect of any stock split, stock dividend, combination, recapitalization or similar transaction in accordance with Paragraph 24 16 of the Plan. (b) If an Option ceases to be "outstanding", in whole or in part (other than by exercise), or if part, the...Company shall reacquire (at not more than its original issuance price) any Shares issued pursuant to a Stock Grant or Stock-Based Award, or if any Stock Right expires or is forfeited, cancelled, or otherwise terminated or results in any Shares not being issued, the unissued or reacquired Shares which were subject to such Stock Right Option shall again be available for issuance from time to time pursuant to this Plan. Notwithstanding the foregoing, if a Stock Right is exercised, in whole or in part, by tender granting of Shares or if the Company or an Affiliate's tax withholding obligation is satisfied by withholding Shares, the number of Shares deemed to have been issued other Options under the Plan for purposes Plan. Any Option shall be treated as "outstanding" until such Option is exercised in full, or terminates or expires under the provisions of the limitation set forth in Paragraph 3(a) above shall be Plan, or by agreement of the number of Shares that were subject parties to the Stock Right or portion thereof, and not the net number of Shares actually issued. pertinent Option Agreement. View More
Shares Subject to the Plan. (a) The Commencing on June 1, 2022, the number of Shares which that may be issued from time to time pursuant to this Plan shall be 2,000,000 the sum of: (i) 10,051,717 shares of Class A Common Stock or Stock, and (ii) 8,462,117 shares issuable upon exercise of outstanding options under the equivalent of such number of Shares after Prior Plan (as adjusted at the Administrator, in its sole discretion, has interpreted the effect of any stock split, stock dividend, combination, recapitalization or s...imilar transaction in accordance with Paragraph 24 Closing of the Plan. Business Combination). 3 (b) If an Option ceases to be "outstanding", in whole or in part (other than by exercise), or if the Company shall reacquire (at not more than its original issuance price) any Shares issued pursuant to a Stock Grant or Stock-Based Award, or if any Stock Right expires or is forfeited, cancelled, or otherwise terminated or results in any Shares not being issued, the unissued or reacquired Shares which were subject to such Stock Right shall again be available for issuance from time to time pursuant to this Plan; provided, however, that the number of Shares underlying any awards under the Plan that are retained or repurchased on the exercise of an Option or the vesting or issuance of any Stock Right to cover the exercise price and/or tax withholding required by the Company in connection with vesting shall not be added back to the Shares available for issuance under the Plan; and provided, further that, in the case of ISOs, the foregoing provisions shall be subject to any limitations under the Code. In addition, any Shares repurchased using exercise price proceeds will not be available for issuance under the Plan. (d) The maximum number of Shares available for grant under the Plan as ISOs will be equal to 24,974,074. The limits set forth in this Paragraph 3 will be construed to comply with the applicable requirements of Section 422. (e) The Administrator may grant Substitute Awards under the Plan. To the extent consistent with the requirements of Section 422 and the regulations thereunder and other applicable legal requirements (including applicable stock exchange requirements), Shares issued in respect of Substitute Awards will be in addition to and will not reduce the shares available under the Plan. Notwithstanding the foregoing, if a Stock Right any Substitute Award is exercised, settled in whole cash or in part, expires, becomes unexercisable, terminates or is forfeited to or repurchased by tender of Shares or if the Company without the issuance or an Affiliate's tax withholding obligation is satisfied by withholding retention of Shares, the number of Shares deemed previously subject to have been issued such Award will not be available for future issuance under the Plan for purposes Plan. The Administrator will determine the extent to which the terms and conditions of the limitation set forth in Paragraph 3(a) above shall Plan apply to Substitute Awards, if at all; provided, however, that Substitute Awards will not be the number of Shares that were subject to the Stock Right or portion thereof, and not the net number of Shares actually issued. limits described in Paragraph 4(c) below. View More
Shares Subject to the Plan. (a) The number of Shares which that may be issued from time to time pursuant to this Plan shall be 2,000,000 equal to the sum of (i) fifteen percent (15%) of the outstanding shares of Common Stock issued and outstanding immediately after the Closing (giving effect to the Redemption (as defined in the Business Combination Agreement)), (ii) that number of shares remaining available for issuance under the Company Equity Plan (as defined in the Business Combination Agreement), determined immediately... prior to the Closing, divided by the Redemption Price (as defined in the Business Combination Agreement), such number not to exceed 321,496 shares divided by the Redemption Price, and (iii) that number of shares attributable to awards granted under the Company Equity Plan that are forfeited, expire or are cancelled without delivery of shares of Common Stock or which result in the equivalent forfeiture of such shares of Common Stock back to the Company on or after the Closing, which number shall not exceed 2,411,283. (b) Notwithstanding Subparagraph (a) above, on the first day of each fiscal year of the Company during the period beginning in fiscal year 2023 and ending on the second day of fiscal year 2032, the number of Shares after that may be issued from time to time pursuant to the Administrator, in its sole discretion, has interpreted Plan, shall be increased automatically by an amount equal to the effect lesser of any stock split, stock dividend, combination, recapitalization or similar transaction in accordance with Paragraph 24 (i) 4% of the Plan. (b) number of outstanding shares of Common Stock on such date and (ii) an amount determined by the Administrator. (c) If an Option ceases to be "outstanding", in whole or in part (other than by exercise), or if the Company shall reacquire (at not more than its original issuance price) any Shares issued pursuant to a Stock Grant or Stock-Based Award, or if any Stock Right expires or is forfeited, cancelled, or otherwise terminated or results in any Shares not being issued, the unissued or reacquired Shares which were subject to such Stock Right shall again be available for issuance from time to time pursuant to this Plan; provided, however, that the number of Shares underlying any awards under the Plan that are retained or repurchased on the exercise of an Option or the vesting or issuance of any Stock Right to cover the exercise price and/or tax withholding required by the Company in connection with vesting shall not be added back to the Shares available for issuance under the Plan; and provided, further that, in the case of ISOs, the foregoing provisions shall be subject to any limitations under the Code. In addition, any Shares repurchased using exercise price proceeds will not be available for issuance under the Plan. (d) The maximum number of Shares available for grant under the Plan as ISOs will be equal to 250,000,000. The limits set forth in this Paragraph 3 will be construed to comply with the applicable requirements of Section 422. (e) The Administrator may grant Substitute Awards under the Plan. To the extent consistent with the requirements of Section 422 and the regulations thereunder and other applicable legal requirements (including applicable stock exchange requirements), Shares issued in respect of Substitute Awards will be in addition to and will not reduce the shares available under the Plan. Notwithstanding the foregoing, if a Stock Right any Substitute Award is exercised, settled in whole cash or in part, expires, becomes unexercisable, terminates or is forfeited to or repurchased by tender of Shares or if the Company without the issuance or an Affiliate's tax withholding obligation is satisfied by withholding retention of Shares, the number of Shares deemed previously subject to have been issued such award will not be available for future issuance under the Plan for purposes Plan. The Administrator will determine the extent to which the terms and conditions of the limitation set forth in Paragraph 3(a) above shall Plan apply to Substitute Awards, if at all; provided, however, that Substitute Awards will not be the number of Shares that were subject to the Stock Right or portion thereof, and not the net number of Shares actually issued. limits described in Paragraph 4(c) below. View More
Shares Subject to the Plan. (a) The number of Shares which that may be issued from time to time pursuant to this Plan shall be 2,000,000 the sum of: (i) 6,590,000 shares of Class A Common Stock or the equivalent of such Stock, and (ii) that number of Shares after shares issuable upon exercise of outstanding options under the Administrator, Prior Plan, determined immediately prior to the Closing, multiplied by the Fully Diluted Adjusted Merger Consideration (as defined in its sole discretion, has interpreted the effect Agre...ement and Plan of any stock split, stock dividend, combination, recapitalization or similar transaction in accordance with Paragraph 24 of the Plan. Merger). 3 (b) If an Option ceases to be "outstanding", in whole or in part (other than by exercise), or if the Company shall reacquire (at not more than its original issuance price) any Shares issued pursuant to a Stock Grant or Stock-Based Award, or if any Stock Right expires or is forfeited, cancelled, or otherwise terminated or results in any Shares not being issued, the unissued or reacquired Shares which were subject to such Stock Right shall again be available for issuance from time to time pursuant to this Plan; provided, however, that the number of Shares underlying any awards under the Plan that are retained or repurchased on the exercise of an Option or the vesting or issuance of any Stock Right to cover the exercise price and/or tax withholding required by the Company in connection with vesting shall not be added back to the Shares available for issuance under the Plan; and provided, further that, in the case of ISOs, the foregoing provisions shall be subject to any limitations under the Code. In addition, any Shares repurchased using exercise price proceeds will not be available for issuance under the Plan. (d) The maximum number of Shares available for grant under the Plan as ISOs will be equal to 18,384,074. The limits set forth in this Paragraph 3 will be construed to comply with the applicable requirements of Section 422. (e) The Administrator may grant Substitute Awards under the Plan. To the extent consistent with the requirements of Section 422 and the regulations thereunder and other applicable legal requirements (including applicable stock exchange requirements), Shares issued in respect of Substitute Awards will be in addition to and will not reduce the shares available under the Plan. Notwithstanding the foregoing, if a Stock Right any Substitute Award is exercised, settled in whole cash or in part, expires, becomes unexercisable, terminates or is forfeited to or repurchased by tender of Shares or if the Company without the issuance or an Affiliate's tax withholding obligation is satisfied by withholding retention of Shares, the number of Shares deemed previously subject to have been issued such Award will not be available for future issuance under the Plan for purposes Plan. The Administrator will determine the extent to which the terms and conditions of the limitation set forth in Paragraph 3(a) above shall Plan apply to Substitute Awards, if at all; provided, however, that Substitute Awards will not be the number of Shares that were subject to the Stock Right or portion thereof, and not the net number of Shares actually issued. limits described in Paragraph 4(c) below. View More
Shares Subject to the Plan. (a) The number of Shares which may be issued from time to time pursuant to this Plan shall be 2,000,000 shares of Common Stock 610,882, or the equivalent of such number of Shares after the Administrator, in its sole discretion, has interpreted the effect of any stock split, stock dividend, combination, recapitalization or similar transaction in accordance with Paragraph 24 23 of the Plan. (b) If an Option ceases to be "outstanding", in whole or in part (other than by exercise), part, or if the C...ompany shall reacquire (at not more than its original issuance price) any Shares issued pursuant to a Stock Grant or Stock-Based Award, or if any Stock Right expires or is forfeited, cancelled, or otherwise terminated or results in any Shares not being issued, Grant, the unissued or reacquired Shares which were subject to such Stock Right Option and any Shares so reacquired by the Company shall again be available for issuance from time to time pursuant to this Plan. Notwithstanding the foregoing, if a granting of other Stock Right is exercised, in whole or in part, by tender of Shares or if the Company or an Affiliate's tax withholding obligation is satisfied by withholding Shares, the number of Shares deemed to have been issued Rights under the Plan for purposes Plan. Any Option shall be treated as "outstanding" until such Option is exercised in full, or terminates or expires under the provisions of the limitation set forth in Paragraph 3(a) above shall be Plan, or by agreement of the number of Shares that were subject parties to the Stock Right or portion thereof, and not the net number of Shares actually issued. pertinent Option Agreement. View More
Shares Subject to the Plan. (a) The number of Shares which that may be issued from time to time pursuant to this Plan shall be 2,000,000 shares 24,682,386 Common Shares; provided that 2,243,853 of the outstanding Common Shares shall only be available for Stock or Rights made to non-employee directors of the equivalent Company. (b) Notwithstanding Subparagraph (a) above, on the first day of such each fiscal year of the Company during the period beginning in fiscal year 2022 and ending on the tenth anniversary of the Closing..., the number of Shares after that may be issued from time to time pursuant to the Administrator, in its sole discretion, has interpreted Plan, shall be increased automatically by an amount equal to the effect lesser of any stock split, stock dividend, combination, recapitalization or similar transaction in accordance with Paragraph 24 (i) 4% of the Plan. (b) number of outstanding Common Shares on such date and (ii) an amount determined by the Administrator (the "Annual Increase"). (c) If an Option ceases to be "outstanding", in whole or in part (other than by exercise), or if the Company shall reacquire (at not more than its original issuance price) any Shares issued pursuant to a Stock Grant or Stock-Based Award, or if any Stock Right expires or is forfeited, cancelled, or otherwise terminated or results in any Shares not being issued, the unissued or reacquired Shares which were subject to such Stock Right shall again be available for issuance from time to time pursuant to this Plan; provided, however, that the number of Shares underlying any awards under the Plan that are retained or repurchased on the exercise of an Option or the vesting or issuance of any Stock Right to cover the exercise price and/or tax withholding required by the Company in connection with vesting shall not be added back to the Shares available for issuance under the Plan. In addition, any Shares repurchased using exercise price proceeds will not be available for issuance under the Plan. 3 (e) The Administrator may grant Substitute Awards under the Plan. To the extent consistent with applicable legal requirements (including applicable stock exchange requirements), Shares issued in respect of Substitute Awards will be in addition to and will not reduce the shares available under the Plan. Notwithstanding the foregoing, if a Stock Right any Substitute Award is exercised, settled in whole cash or in part, expires, becomes unexercisable, terminates or is forfeited to or repurchased by tender of Shares or if the Company without the issuance or an Affiliate's tax withholding obligation is satisfied by withholding retention of Shares, the number of Shares deemed previously subject to have been issued such Award will not be available for future issuance under the Plan for purposes Plan. The Administrator will determine the extent to which the terms and conditions of the limitation set forth in Paragraph 3(a) above shall Plan apply to Substitute Awards, if at all; provided, however, that Substitute Awards will not be the number of Shares that were subject to the Stock Right or portion thereof, and not the net number of Shares actually issued. limits described in Paragraph 4(c) below. View More
Shares Subject to the Plan. (a) The number of Shares which may be issued from time to time pursuant to this Plan shall be 2,000,000 37,155,459 shares of Common Stock Stock, or the equivalent of such number of Shares after the Administrator, in its sole discretion, has interpreted the effect of any stock split, stock dividend, combination, recapitalization or similar transaction in accordance with Paragraph 24 23 of the Plan. (b) If an Option ceases to be "outstanding", in whole or in part (other than by exercise), part, or... if the Company shall reacquire (at not more than its original issuance price) any Shares issued pursuant to a Stock Grant or Stock-Based Award, or if any Stock Right expires or is forfeited, cancelled, or otherwise terminated or results in any Shares not being issued, Grant, the unissued or reacquired Shares which were subject to such Stock Right Option and any Shares so reacquired by the Company shall again be available for issuance from time to time pursuant to this Plan. Notwithstanding the foregoing, if a granting of other Stock Right is exercised, in whole or in part, by tender of Shares or if the Company or an Affiliate's tax withholding obligation is satisfied by withholding Shares, the number of Shares deemed to have been issued Rights under the Plan for purposes Plan. Any Option shall be treated as "outstanding" until such Option is exercised in full, or terminates or expires under the provisions of the limitation set forth in Paragraph 3(a) above shall be Plan, or by agreement of the number of Shares that were subject parties to the Stock Right or portion thereof, and not the net number of Shares actually issued. pertinent Option Agreement. View More
Shares Subject to the Plan. (a) The number of Shares which may be issued from time to time pursuant to this Plan shall be 2,000,000 shares of Common Stock 750,000, or the equivalent of such number of Shares after the Administrator, in its sole discretion, has interpreted the effect of any stock split, stock dividend, combination, recapitalization or similar transaction in accordance with Paragraph 24 16 of the Plan. (b) If an Option ceases to be "outstanding", in whole or in part (other than by exercise), part, or if the C...ompany shall reacquire (at not more than its original issuance price) any Shares issued pursuant to a Stock Grant or Stock-Based Award, or if any Stock Right expires or is forfeited, cancelled, or otherwise terminated or results in any Shares not being issued, Grant, the unissued or reacquired Shares which were subject to such Stock Right Option and any Shares so reacquired by the Company shall again be available for issuance from time to time pursuant to this Plan. Notwithstanding the foregoing, if a granting of other Stock Right is exercised, in whole or in part, by tender of Shares or if the Company or an Affiliate's tax withholding obligation is satisfied by withholding Shares, the number of Shares deemed to have been issued Rights under the Plan for purposes Plan. Any Option shall be treated as "outstanding" until such Option is exercised in full, or terminates or expires under the provisions of the limitation set forth in Paragraph 3(a) above shall be Plan, or by agreement of the number of Shares that were subject parties to the Stock Right or portion thereof, and not the net number of Shares actually issued. pertinent Option Agreement. View More
Shares Subject to the Plan. (a) The number of Shares which may be issued from time to time pursuant to this Plan shall be 2,000,000 shares of Common Stock 140,000 or the equivalent of such number of Shares after the Administrator, in its sole discretion, has interpreted the effect of any stock split, stock dividend, combination, recapitalization or similar transaction in accordance with Paragraph 24 23 of the Plan. (b) If an Option ceases to be "outstanding", in whole or in part (other than by exercise), part, or if the Co...mpany shall reacquire (at not more than its original issuance price) any Shares issued pursuant to a Stock Grant or Stock-Based Award, or if any Stock Right expires or is forfeited, cancelled, or otherwise terminated or results in any Shares not being issued, Grant, the unissued or reacquired Shares which were subject to such Stock Right Option and any Shares so reacquired by the Company shall again be available for issuance from time to time pursuant to this Plan. Notwithstanding the foregoing, if a granting of other Stock Right is exercised, in whole or in part, by tender of Shares or if the Company or an Affiliate's tax withholding obligation is satisfied by withholding Shares, the number of Shares deemed to have been issued Rights under the Plan for purposes Plan. Any Option shall be treated as "outstanding" until such Option is exercised in full, or terminates or expires under the provisions of the limitation set forth in Paragraph 3(a) above shall be Plan, or by agreement of the number of Shares that were subject parties to the Stock Right or portion thereof, and not the net number of Shares actually issued. pertinent Option Agreement. View More
Shares Subject to the Plan. (a) The number of Shares which may be issued from time to time pursuant to this Plan shall be 2,000,000 shares of Common Stock 2,000,000, or the equivalent of such number of Shares after the Administrator, in its sole discretion, has interpreted the effect of any stock split, stock dividend, combination, recapitalization or similar transaction in accordance with Paragraph 24 23 of the Plan. (b) If an Option ceases to be "outstanding", in whole or in part (other than by exercise), part, or if the... Company shall reacquire (at not more than its original issuance price) any Shares issued pursuant to a Stock Grant or Stock-Based Award, or if any Stock Right expires or is forfeited, cancelled, or otherwise terminated or results in any Shares not being issued, Grant, the unissued or reacquired Shares which were subject to such Stock Right Option and any Shares so reacquired by the Company shall again be available for issuance from time to time pursuant to this Plan. Notwithstanding the foregoing, if a granting of other Stock Right is exercised, in whole or in part, by tender of Shares or if the Company or an Affiliate's tax withholding obligation is satisfied by withholding Shares, the number of Shares deemed to have been issued Rights under the Plan for purposes Plan. Any Option shall be treated as "outstanding" until such Option is exercised in full, or terminates or expires under the provisions of the limitation set forth in Paragraph 3(a) above shall be Plan, or by agreement of the number of Shares that were subject parties to the Stock Right or portion thereof, and not the net number of Shares actually issued. pertinent Option Agreement. View More
