Stock Available for Awards Clause Example with 7 Variations from Business Contracts

This page contains Stock Available for Awards 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.
Stock Available for Awards. a. Number of Shares. Subject to adjustment under Section 3(b), the aggregate number of shares of Common Stock that may be issued pursuant to the Plan is the Available Shares (as specified on the last page hereof). If any Award expires, or is terminated, surrendered or forfeited, in whole or in part, the unissued Common Stock covered by such Award shall again be available for the grant of Awards under the Plan. If an Award granted under the Plan shall expire or terminate for any reason without ha...ving been exercised in full, the unpurchased shares subject to such Award shall again be available for subsequent Awards under the Plan, and if shares of Common Stock issued pursuant to the Plan are repurchased by, or are surrendered or forfeited to, the Company at no more than the price paid for such shares, such shares of Common Stock shall again be available for the grant of Awards under the Plan. Shares issued under the Plan may consist in whole or in part of authorized but unissued shares or treasury shares. b. Adjustment to Common Stock. Subject to Section 7, in the event of any stock split, reverse stock split, stock dividend, extraordinary cash dividend, recapitalization, reorganization, merger, consolidation, combination, exchange of shares, liquidation, spin-off, split-up, or other similar change in capitalization or similar event, (i) the number and class of Available Shares and the per-Participant share limit, (ii) the number and class of securities, vesting schedule and exercise price per share subject to each outstanding Option, (iii) the repurchase price per security subject to repurchase, and (iv) the terms of each other outstanding Award shall be adjusted by the Company (or substituted Awards may be made, if applicable) to the extent the Board shall determine, in good faith, that such an adjustment (or substitution) is appropriate. Any such adjustment to outstanding Awards will be effected in a manner that precludes the enlargement of rights and benefits under such Awards. View More

Variations of a "Stock Available for Awards" Clause from Business Contracts

Stock Available for Awards. a. Number of Shares. Subject to adjustment under Section 3(b), 3(c), the aggregate number of shares (the "Authorized Shares") of Common Stock the Company's common stock, $0.125 par value per share (the "Common Stock"), that may be issued pursuant to the Plan is the Available Shares (as specified on the last page hereof). shall be 22,000,000 shares of Common Stock. If any Award expires, is terminated, surrendered, forfeited, expires unexercised, is settled in cash in lieu of Common Stock or is te...rminated, surrendered or forfeited, exchanged for other Awards, in whole or in part, the unissued Common Stock covered by such Award shall again be available for the grant of Awards under the Plan. If an Award granted under the Plan shall expire or terminate for any reason without having been exercised in full, the unpurchased shares subject to such Award shall again be available for subsequent Awards under the Plan, and if shares of Common Stock issued pursuant to the Plan are repurchased by, or are surrendered or forfeited to, the Company at no more than the price paid for such shares, such shares of Common Stock shall again be available for the grant of Awards under the Plan. Shares issued under the Plan may consist in whole or in part of authorized but unissued shares. Notwithstanding anything to the contrary in this Plan, the foregoing limitations shall be subject to adjustment under Section 3(c), but only to the extent that such adjustment will not affect the status of any Award intended to qualify as "performance-based compensation" under Section 162(m) of the Code. b. Per-Participant Limit. Subject to adjustment under Section 3(c), no Participant may be granted stock-based Awards during any one fiscal year to purchase more than 2,000,000 shares or treasury shares. b. of Common Stock. c. Adjustment to Common Stock. Subject to Section 7, in In the event of any stock split, reverse stock split, stock dividend, extraordinary cash dividend, recapitalization, reorganization, merger, consolidation, combination, exchange of shares, liquidation, spin-off, split-up, or other similar change in capitalization or similar event, (i) the number and class of Available Shares securities available for Awards under the Plan and the per-Participant share limit, (ii) the number and class of securities, vesting schedule and exercise price per share subject to each outstanding Option, stock-based Award, (iii) the repurchase price per security subject to repurchase, and (iv) the terms of each other outstanding stock-based Award shall be adjusted by the Company (or substituted Awards may be made, if applicable) made) to the extent the Board Committee shall determine, in good faith, that such an adjustment (or substitution) is appropriate. Any If Section 11(f)(i) applies for any event, this Section 3(c) shall not be applicable. d. Fractional Shares. No fractional shares shall be issued under the Plan and the Participant shall, at the Committee's discretion, receive either cash in lieu of such adjustment to outstanding Awards will be effected in fractional shares or a manner that precludes the enlargement of rights and benefits under such Awards. full share for each fractional share. View More
Stock Available for Awards. a. Number of Shares. Subject to adjustment under Section 3(b), 3(c), the aggregate number of shares (the "Authorized Shares") of Common Stock the Company's common stock, $0.125 par value per share (the "Common Stock"), that may be issued pursuant to the Plan is the Available Shares (as specified on the last page hereof). shall be 32,000,000 shares of Common Stock. If any Award expires, is terminated, surrendered, forfeited, expires unexercised, is settled in cash in lieu of Common Stock or is te...rminated, surrendered or forfeited, exchanged for other Awards, in whole or in part, the unissued Common Stock covered by such Award shall again be available for the grant of Awards under the Plan. If Shares of Common Stock delivered to the Company by a Participant to (i) purchase shares upon the exercise of an Award granted under the Plan shall expire Award, or terminate for (ii) satisfy statutory tax withholding obligations with respect to any reason without having been exercised in full, the unpurchased shares subject to such Award shall again not be added back to the number of shares available for subsequent the future grant of Awards under the Plan, and if Plan. All shares of Common Stock issued pursuant to covered by an SAR shall be counted against the Plan are repurchased by, or are surrendered or forfeited to, the Company at no more than the price paid for such shares, such number of shares of Common Stock shall again be available for the grant of Awards under the Plan. Plan; provided, however, that SARs that may be settled only in cash shall not be so counted. Shares of Common Stock repurchased by the Company on the open market using the proceeds from the exercise of an Award shall not increase the number of shares available for future grants of Awards. Shares issued under the Plan may consist in whole or in part of authorized but unissued shares. Notwithstanding anything to the contrary in this Plan, the foregoing limitations shall be subject to adjustment under Section 3(c), but only to the extent that such adjustment will not affect the status of any Award intended to qualify as "performance-based compensation" under Section 162(m) of the Code. 1 b. Per-Participant Limit. Subject to adjustment under Section 3(c), no Participant may be granted stock-based Awards during any one fiscal year to purchase more than 2,000,000 shares or treasury shares. b. of Common Stock. c. Adjustment to Common Stock. Subject to Section 7, in In the event of any stock split, reverse stock split, stock dividend, extraordinary cash dividend, recapitalization, reorganization, merger, consolidation, combination, exchange of shares, liquidation, spin-off, split-up, or other similar change in capitalization or similar event, (i) the number and class of Available Shares securities available for Awards under the Plan and the per-Participant share limit, (ii) the number and class of securities, vesting schedule and exercise price per share subject to each outstanding Option, stock-based Award, (iii) the repurchase price per security subject to repurchase, and (iv) the terms of each other outstanding stock-based Award shall be adjusted by the Company (or substituted Awards may be made, if applicable) made) to the extent the Board Committee shall determine, in good faith, that such an adjustment (or substitution) is appropriate. Any If Section 11(f)(i) applies for any event, this Section 3(c) shall not be applicable. d. Fractional Shares. No fractional shares shall be issued under the Plan and the Participant shall, at the Committee's discretion, receive either cash in lieu of such adjustment to outstanding Awards will be effected in fractional shares or a manner that precludes the enlargement of rights and benefits under such Awards. full share for each fractional share. View More
Stock Available for Awards. a. Number of Shares. Subject to adjustment under Section 3(b), 3(c), the aggregate number of shares of Common Stock of the Company (the "Common Stock") that may be issued pursuant to Awards granted under the Plan is the Available Shares (as specified on the last page hereof). 23,661,918 shares. If any Award expires, expires unexercised or is terminated, surrendered or forfeited, in whole or in part, or is settled in cash or otherwise results in any Common Stock not being issued, the unissued Com...mon Stock covered by such Award shall again be available for the grant of Awards under the Plan. If an Award granted under the Plan shall expire or terminate for any reason without having been exercised in full, the unpurchased shares subject to such Award shall again be available for subsequent Awards under the Plan, and if shares of Common Stock issued pursuant to the Plan are repurchased by, or are surrendered or forfeited to, the Company at no more than the price paid for such shares, cost, such shares of Common Stock shall again be available for the grant of Awards under the Plan. Shares of Common Stock tendered by a Participant to exercise an Award will be added to the number of shares available for the grant of Awards. Notwithstanding the foregoing, however, the cumulative number of shares that may be issued under the Plan shall not exceed 23,661,918 shares. Shares issued under the Plan may consist in whole or in part of authorized but unissued shares or treasury shares. b. Per-Participant Limit Not Applicable. Subject in all cases to the aggregate share limit set forth in Section 3(a), there shall be no limit on the number of shares of Common Stock that may be granted to a Participant pursuant to any Award(s) during any one fiscal year. c. Adjustment to Common Stock. Subject to Section 7, in In the event of any stock split, reverse stock split, stock dividend, extraordinary cash dividend, recapitalization, reorganization, merger, consolidation, combination, exchange combination or reclassification of shares, liquidation, spin-off, split-up, or other similar change in capitalization or similar event, (i) the number and class of Available Shares securities available for Awards under the Plan and the per-Participant share limit, (ii) the number and class of securities, vesting schedule and exercise price per share subject to of each outstanding Option, Award, (iii) the repurchase price per security subject to repurchase, and (iv) the terms of each other outstanding stock-based Award shall be adjusted by the Company (or substituted Awards may be made, if applicable) to the extent the Board shall determine, in good faith, that such an adjustment (or substitution) is appropriate. Any such adjustment to outstanding Awards will be effected made) in a manner that precludes determined by the enlargement of rights and benefits under such Awards. Board to be appropriate. If Section 7(e) applies for any event, this Section 3(c) shall not be applicable. View More
Stock Available for Awards. a. (a) Number of Shares. Subject to adjustment under Section 3(b), the aggregate number of shares of Common Stock of the Company (the "Common Stock") that may be issued pursuant to Awards granted under the Plan is the Available Shares (as specified on the last page hereof). 13,000,000. If any Award expires, expires unexercised or is terminated, surrendered or forfeited, in whole or in part, or is settled in cash or otherwise results in any Common Stock not being issued, the unissued Common Stock... covered by such Award shall again be available for the grant of Awards under the Plan. If an Award granted under the Plan shall expire or terminate for any reason without having been exercised in full, the unpurchased shares subject to such Award shall again be available for subsequent Awards under the Plan, and Except as provided below regarding Incentive Stock Options, if shares of Common Stock issued pursuant to the Plan are repurchased by, or are surrendered or forfeited to, the Company at no more than the price paid for cost, such shares, such 1 shares of Common Stock shall again be available for the grant of Awards under the Plan. Except as provided below regarding Incentive Stock Options, shares of Common Stock tendered by a Participant to exercise an Award will be added to the number of shares available for the grant of Awards. Notwithstanding the foregoing, the cumulative number of shares that may be issued under the Plan to settle Incentive Stock Options shall not exceed 13,000,000 shares. Shares issued under the Plan may consist in whole or in part of authorized but unissued shares or treasury shares. b. (b) Adjustment to Common Stock. Subject to Section 7, in In the event of any stock split, reverse stock split, stock dividend, extraordinary cash dividend, recapitalization, reorganization, merger, consolidation, combination, exchange combination or reclassification of shares, liquidation, spin-off, split-up, extraordinary transaction, non-ordinary course dividend, or other similar change in capitalization or similar event, (i) the number and class of Available Shares securities available for Awards under the Plan and the per-Participant share limit, (ii) the number and class of securities, vesting schedule and exercise price per share subject to of each outstanding Option, Award, (iii) the repurchase price per security subject to repurchase, and (iv) the terms of each other outstanding stock-based Award shall be adjusted by the Company (or substituted Awards may be made, if applicable) to the extent the Board shall determine, in good faith, that such an adjustment (or substitution) is appropriate. Any such adjustment to outstanding Awards will be effected made) in a manner that precludes determined by the enlargement of rights and benefits under such Awards. Board to be appropriate. If Section 7(e) applies for any event, this Section 3(b) shall not be applicable. View More
Stock Available for Awards. a. Number of Shares. Subject to adjustment under Section 3(b), 3(c), the aggregate number of shares of Common Stock of the Company (the "Common Stock") that may be issued pursuant to the Plan is the Available Shares (as specified on the last page hereof). If any Award expires, or is terminated, surrendered or forfeited, in whole or in part, the unissued Common Stock covered by such Award shall again be available for the grant of Awards under the Plan. 31,500,000 (the "Available Shares"). If an A...ward granted under the Plan shall expire or terminate for any reason without having been exercised is (i) canceled, expires, forfeited, settled in full, the unpurchased shares subject to such Award shall again be available for subsequent Awards under the Plan, and if cash, settled by 1 delivery of fewer shares of Common Stock issued pursuant to the Plan are repurchased by, or are surrendered or forfeited to, the Company at no more than the price paid for such shares, such number of shares of Common Stock underlying the award or option or otherwise terminated without delivery of the shares of Common Stock to the holder of such award or option or (ii) shares that were withheld from such an Award or separately surrendered by the Participant in payment of an exercise price or taxes relating to such an Award shall again be deemed to constitute shares not delivered and will be available for the grant of Awards under the Plan. Shares issued under the Plan for subsequent awards. b. Per-Participant Limit. Subject to adjustment under Section 3(c), no Participant may consist be granted Awards during any one fiscal year to receive, acquire or purchase more than 3,000,000 shares of Common Stock. No Participant may be granted an Annual Incentive Award (as defined below) in whole any fiscal year that exceeds four (4) times his or in part of authorized but unissued shares or treasury shares. b. her base salary for that fiscal year. c. Adjustment to Common Stock. Subject to Section 7, 8, in the event of any stock split, reverse stock split, stock dividend, extraordinary cash dividend, recapitalization, reorganization, merger, consolidation, combination, exchange of shares, liquidation, spin-off, split-up, or other similar change in capitalization or similar event, (i) the number and class of Available Shares and the per-Participant share limit, (ii) the number and class of securities, vesting schedule and exercise price per share subject to each outstanding Option, (iii) the repurchase price per security subject to repurchase, and (iv) the terms of each other outstanding Award shall be adjusted by the Company (or substituted Awards may be made, made if applicable) to the extent the Board shall determine, in good faith, that such an adjustment (or substitution) is appropriate. Any such adjustment to outstanding Awards will be effected in a manner that precludes the enlargement of rights and benefits under such Awards. View More
Stock Available for Awards. a. Number of Shares. NUMBER OF SHARES. Subject to adjustment under Section 3(b), 5c, the aggregate number of shares of Common Stock of the Company that may be issued pursuant to the Plan is the Available Shares (as specified defined on the last page hereof). page). If any Award expires, or is terminated, surrendered or forfeited, in whole or in part, the unissued Common Stock covered by such Award shall again be available for the grant of Awards under the Plan. If an Award granted under the Plan... shall expire or terminate for any reason without having been exercised in full, the unpurchased shares subject to such Award shall again be available for subsequent Awards under the Plan, and if shares of Common Stock issued pursuant to the Plan are repurchased by, or are surrendered or forfeited to, the Company at no more than the price paid for such shares, such shares of Common Stock shall again be available for the grant of Awards under the Plan. Shares issued under the Plan may consist in whole or in part of authorized but unissued shares or treasury shares. b. Adjustment PER-PARTICIPANT LIMIT. Subject to adjustment under Section 5c, no Participant may be granted Awards during any one fiscal year to purchase more than 30,000 shares of Common Stock. c. ADJUSTMENT TO COMMON STOCK. Subject to Section 7, 13, in the event of any stock split, reverse stock split, stock dividend, extraordinary cash dividend, recapitalization, reorganization, merger, consolidation, combination, exchange of shares, liquidation, spin-off, split-up, or other similar change in capitalization or similar event, (i) the number and class of Available Shares securities available for Awards under the Plan and the per-Participant share limit, limit and (ii) the number and class of securities, vesting schedule and exercise price per share subject to each outstanding Option, (iii) the repurchase price per security subject to repurchase, Option and (iv) the terms of each other outstanding Award Stock Appreciation Right shall be adjusted by 11 the Company (or substituted Awards may be made, made if applicable) to the extent the Board Committee shall determine, in good faith, that such an adjustment (or substitution) is appropriate. Any such adjustment to outstanding Awards will be effected in a manner that precludes the enlargement of rights and benefits under such Awards. View More
Stock Available for Awards. a. Number of Shares. Subject to adjustment under Section 3(b), the aggregate number of shares Shares of Common Stock of the Company ("Common Stock") that may be issued pursuant to the Plan is the Available Shares (as specified "Available Shares" as defined on the last page hereof). of the Plan. If any Award expires, or is terminated, surrendered or forfeited, in whole or in part, the unissued shares of Common Stock covered by such Award shall again be available for the grant of Awards under 1 th...e Plan. If an Award granted under the Plan shall expire or terminate for any reason without having been exercised in full, the unpurchased shares subject to such Award shall again be available for subsequent Awards under the Plan, and if shares of Common Stock issued pursuant to the Plan are repurchased by, or are surrendered or forfeited to, the Company at no more than the price paid for such shares, such shares of Common Stock shall again be available for the grant of Awards under the Plan. Shares issued under the Plan may consist in whole or in part of authorized but unissued shares or treasury shares. b. Adjustment to Common Stock. Subject to Section 7, in the event of any stock split, reverse stock split, split stock dividend, extraordinary cash dividend, recapitalization, reorganization, merger, consolidation, combination, exchange of shares, liquidation, spin-off, split-up, or other similar change in capitalization or similar event, (i) the number and class of Available Shares securities available for Awards under the Plan and the per-Participant share limit, (ii) the number and class of securities, vesting schedule and exercise price per share subject to each outstanding Option, (iii) the repurchase price per security subject to repurchase, and (iv) the terms of each other outstanding Award shall be adjusted by the Company (or substituted Awards may be made, made if applicable) to the extent the Board shall determine, in good faith, that such an adjustment (or substitution) is appropriate. Any such adjustment to outstanding Awards will be effected in a manner that precludes the enlargement of rights and benefits under such Awards. View More