Stock Subject to the Plan Clause Example with 26 Variations from Business Contracts
This page contains Stock 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.
Stock Subject to the Plan. (a) Subject to the provisions of Section 10, below, the maximum aggregate number of Shares which may be issued pursuant to all Awards is 3,200,000 Shares, plus any Shares which remain available for issuance or that would otherwise return to the Prior Plans as a result of forfeiture, termination or expiration of awards previously granted under the Prior Plans (ignoring the termination or expiration of the Prior Plans for the purpose of determining the number of Shares available for the Plan); pro...vided, however, that the maximum aggregate number of Shares that may be issued pursuant to Incentive Stock Options is 1,467,256 Shares. The Shares to be issued pursuant to Awards may be authorized, but unissued, or reacquired Common Stock. (b) Any Shares covered by an Award (or portion of an Award) which is forfeited, canceled or expires (whether voluntarily or involuntarily) shall be deemed not to have been issued for purposes of determining the maximum aggregate number of Shares which may be issued under the Plan. Shares that actually have been issued under the Plan pursuant to an Award shall not be returned to the Plan and shall not become available for future issuance under the Plan, except that if unvested Shares are forfeited, or repurchased by the Company at the lower of their original purchase price or their Fair Market Value at the time of repurchase, such Shares shall become available for future grant under the Plan. Notwithstanding anything to the contrary contained herein: (i) Shares tendered or withheld in payment of an Option exercise price shall not be returned to the Plan and shall not become available for future issuance under the Plan; (ii) Shares withheld by the Company to satisfy any tax withholding obligation shall not be returned to the Plan and shall not become available for future issuance under the Plan; and (iii) all Shares covered by the portion of an SAR that is exercised (whether or not Shares are actually issued to the Grantee upon exercise of the SAR) shall be considered issued pursuant to the Plan.View More
Variations of a "Stock Subject to the Plan" Clause from Business Contracts
Stock Subject to the Plan. (a) Subject to the provisions of Section 10, below, the maximum aggregate number of Shares which may be issued pursuant to all Awards (including Incentive Stock Options) is 3,200,000 10,000 Shares, plus any Shares which remain available for issuance or that would otherwise return an annual increase to be added on the first day of the Company's fiscal year beginning after the Registration Date equal to the Prior Plans as a result least of forfeiture, termination or expiration (x) 1,000 Shares, (y...) one percent (1%) of awards previously granted under the Prior Plans (ignoring the termination or expiration of the Prior Plans for the purpose of determining the number of Shares available for outstanding as of such date, or (z) a lesser number of Shares determined by the Plan); provided, however, that Administrator. SARs payable in Shares shall reduce the maximum aggregate number of Shares that which may be issued pursuant under the Plan only by the net number of actual Shares issued to Incentive Stock Options is 1,467,256 Shares. the Grantee upon exercise of the SAR. The Shares to be issued pursuant to Awards may be authorized, but unissued, or reacquired Common Stock. (b) Any To the extent not prohibited by the listing requirements of The NASDAQ Stock Market LLC (or other established stock exchange or national market system on which the Common Stock is traded) or Applicable Law, any Shares covered by an Award (or portion which are surrendered (i) in payment of the Award exercise or purchase price (including pursuant to the "net exercise" of an Award) which is forfeited, canceled option pursuant to Section 7(b)(v)) or expires (whether voluntarily or involuntarily) (ii) in satisfaction of tax withholding obligations incident to the exercise of an Award shall be deemed not to have been issued for purposes of determining the maximum aggregate number of Shares which may be issued under the Plan. Shares that actually have been issued under the Plan pursuant to an Award shall not be returned to the Plan and shall not become available for future issuance all Awards under the Plan, except that if unvested Shares are forfeited, or repurchased unless otherwise determined by the Company at the lower of their original purchase price or their Fair Market Value at the time of repurchase, such Shares shall become available for future grant under the Plan. Notwithstanding anything to the contrary contained herein: (i) Shares tendered or withheld in payment of an Option exercise price shall not be returned to the Plan and shall not become available for future issuance under the Plan; (ii) Shares withheld by the Company to satisfy any tax withholding obligation shall not be returned to the Plan and shall not become available for future issuance under the Plan; and (iii) all Shares covered by the portion of an SAR that is exercised (whether or not Shares are actually issued to the Grantee upon exercise of the SAR) shall be considered issued pursuant to the Plan. Administrator. View More
Stock Subject to the Plan. (a) Subject to the provisions of Section 10, 1l(a) below, the maximum aggregate number of Shares which may be issued pursuant to all Awards is 3,200,000 Shares, plus any Shares which remain available for issuance or that would otherwise return to the Prior Plans as a result of forfeiture, termination or expiration of awards previously granted under the Prior Plans (ignoring the termination or expiration of the Prior Plans for the purpose of determining the number of Shares available for the Plan...); provided, however, that the maximum aggregate number of Shares that may be issued pursuant to (including Incentive Stock Options Options) is 1,467,256 three million forty-six thousand three hundred and forty-six (3,046,346) Shares. The Shares to be issued pursuant to Awards may be authorized, but unissued, or reacquired Common Stock. (b) Any Shares covered by an Award (or portion of an Award) which is forfeited, canceled forfeited or canceled, expires (whether voluntarily or involuntarily) is settled in cash, shall be deemed not to have been issued for purposes of determining the maximum aggregate number of Shares which may be issued under the Plan. Shares that actually have been issued under the Plan pursuant to an Award shall not be returned to the Plan and shall not become available for future issuance under the Plan, except that if unvested Shares are forfeited, or repurchased by the Company at the lower of their original purchase price or their Fair Market Value at the time of repurchase, price, such Shares shall become available for future grant under the Plan. Notwithstanding anything to the contrary contained herein: (i) Shares tendered or withheld in payment of an Option exercise price shall not be returned to the Plan and shall not become available for future issuance under the Plan; (ii) Shares withheld by the Company to satisfy any tax withholding obligation shall not be returned to the Plan and shall not become available for future issuance under the Plan; and (iii) all Shares covered by the portion of an SAR that is exercised (whether or not Shares are actually issued to the Grantee upon exercise of the SAR) shall be considered issued pursuant to the Plan.View More
Stock Subject to the Plan. (a) Subject to the provisions of Section 10, 10 below, the maximum aggregate number of Shares which may be issued pursuant to all Awards is 3,200,000 Shares, plus any Shares which remain available for issuance or that would otherwise return to the Prior Plans as a result of forfeiture, termination or expiration of awards previously granted under the Prior Plans (ignoring the termination or expiration of the Prior Plans for the purpose of determining the number of Shares available for the Plan); ...provided, however, that the maximum aggregate number of Shares that may be issued pursuant to (including Incentive Stock Options Options) is 1,467,256 one million three hundred fifty thousand (1,350,000)1 Shares. The Shares to be issued pursuant to Awards may be authorized, but unissued, or reacquired Common Stock. (b) Any Shares covered by an Award (or portion of an Award) which is forfeited, canceled or expires (whether voluntarily or involuntarily) shall be deemed not to have been issued for purposes of determining the maximum aggregate number of Shares which may be issued under the Plan. Shares that actually have been issued under the Plan pursuant to an Award shall not be returned to the Plan and shall not become available for future issuance under the Plan, except that if unvested Shares are forfeited, forfeited or repurchased by the Company at the lower of their original purchase price or their Fair Market Value at the time of repurchase, Company, such Shares shall become available for future grant under the Plan. Notwithstanding anything to To the contrary contained herein: extent not prohibited by the listing requirements of The NASDAQ Stock Market LLC (or other established stock exchange or national market system on which the Common Stock is traded) or Applicable Laws, any Shares covered by an Award which are surrendered: (i) Shares tendered or withheld in payment of an Option the Award exercise or purchase price shall not be returned (including pursuant to the Plan and shall not become available for future issuance under the Plan; "net exercise" of an option pursuant to Section 7(b)(vi)); or (ii) Shares withheld by the Company to satisfy any in satisfaction of tax withholding obligation shall not be returned obligations incident to the Plan and shall not become available for future issuance under the Plan; and (iii) all Shares covered by the portion exercise of an SAR that is exercised (whether or not Shares are actually issued to the Grantee upon exercise of the SAR) Award shall be considered deemed not to have been issued for purposes of determining the maximum number of Shares which may be issued pursuant to all Awards under the Plan. Plan, unless otherwise determined by the Administrator. View More
Stock Subject to the Plan. (a) Subject to the provisions of Section 10, below, the maximum aggregate number of Shares which may be issued pursuant to all Awards (including Incentive Stock Options) is 3,200,000 four million five hundred thousand (4,500,000) Shares, plus any Shares which remain available for issuance or that would otherwise return to and commencing with the Prior Plans as a result first business day of forfeiture, termination or expiration of awards previously granted under the Prior Plans (ignoring the ter...mination or expiration of the Prior Plans for the purpose of determining the number of Shares available for the Plan); provided, however, that the each calendar year beginning with 2017, such maximum aggregate number of Shares that shall be increased by a number equal to the lesser of (i) three percent (3%) of the number of Shares outstanding as of the last day of the immediately preceding calendar year, (ii) five hundred thousand (500,000) Shares, and (iii) such lesser number of Shares as may be issued pursuant to Incentive Stock Options is 1,467,256 Shares. determined by the Board. The Shares to be issued pursuant to Awards may be authorized, but unissued, or reacquired Common Stock. (b) Any Shares covered by an Award (or portion of an Award) which is forfeited, canceled or expires (whether voluntarily or involuntarily) shall be deemed not to have been issued for purposes of determining the maximum aggregate number of Shares which may be issued under the Plan. Shares that actually have been issued under the Plan pursuant to an Award shall not be returned to the Plan and shall not become available for future issuance under the Plan, except that if unvested Shares are forfeited, or repurchased by the Company at the lower of their original purchase price or their Fair Market Value at the time of repurchase, such Shares shall become available for future grant under the Plan. Notwithstanding anything to To the contrary contained herein: extent not prohibited by the listing requirements of The New York Stock Exchange (or other established stock exchange or national market system on which the Common Stock is traded) or Applicable Law, any Shares covered by an Award which are surrendered (i) Shares tendered or withheld in payment of an Option the Award exercise or purchase price shall not be returned (including pursuant to the Plan and shall not become available for future issuance under the Plan; "net exercise" of an option pursuant to Section 7(b)(v)) or (ii) Shares withheld by the Company to satisfy any in satisfaction of tax withholding obligation shall not be returned obligations incident to the Plan and shall not become available for future issuance under the Plan; and (iii) all Shares covered by the portion exercise of an SAR that is exercised (whether or not Shares are actually issued to the Grantee upon exercise of the SAR) Award shall be considered deemed not to have been issued for purposes of determining the maximum number of Shares which may be issued pursuant to all Awards under the Plan. Plan, unless otherwise determined by the Administrator. View More
Stock Subject to the Plan. (a) Subject to the provisions of Section 10, 10 below, the maximum aggregate number of Shares which may be issued pursuant to all Awards is 3,200,000 Shares, plus any Shares which remain available for issuance or that would otherwise return to the Prior Plans as a result of forfeiture, termination or expiration of awards previously granted under the Prior Plans (ignoring the termination or expiration of the Prior Plans for the purpose of determining the number of Shares available for the Plan); ...provided, however, that the maximum aggregate number of Shares that may be issued pursuant to (including Incentive Stock Options Options) is 1,467,256 six hundred and seventy thousand (670,000) Shares. The Shares to be issued pursuant to Awards may be authorized, but unissued, or reacquired Common Stock. 6 (b) Any Shares covered by an Award (or portion of an Award) which is forfeited, canceled or expires (whether voluntarily or involuntarily) shall be deemed not to have been issued for purposes of determining the maximum aggregate number of Shares which may be issued under the Plan. Shares that actually have been issued under the Plan pursuant to an Award shall not be returned to the Plan and shall not become available for future issuance under the Plan, except that if unvested Shares are forfeited, forfeited or repurchased by the Company at the lower of their original purchase price or their Fair Market Value at the time of repurchase, Company, such Shares shall become available for future grant under the Plan. Notwithstanding anything to To the contrary contained herein: extent not prohibited by the listing requirements of The NASDAQ Stock Market LLC (or other established stock exchange or national market system on which the Common Stock is traded) and Applicable Law, any Shares covered by an Award which are surrendered (i) Shares tendered or withheld in payment of an Option the Award exercise or purchase price shall not be returned or (ii) in satisfaction of tax withholding obligations incident to the Plan and shall not become available for future issuance under the Plan; (ii) Shares withheld by the Company to satisfy any tax withholding obligation shall not be returned to the Plan and shall not become available for future issuance under the Plan; and (iii) all Shares covered by the portion exercise of an SAR that is exercised (whether or not Shares are actually issued to the Grantee upon exercise of the SAR) Award shall be considered deemed not to have been issued for purposes of determining the maximum number of Shares which may be issued pursuant to all Awards under the Plan. Plan, unless otherwise determined by the Administrator. View More
Stock Subject to the Plan. (a) Subject to the provisions of Section 10, below, the maximum aggregate number of Shares which that may be issued pursuant to all Awards is 3,200,000 600,000 Shares, plus any Shares which remain available for issuance or that would otherwise return an annual increase to be added on the Prior Plans as a result first day of forfeiture, termination or expiration of awards previously granted under the Prior Plans (ignoring the termination or expiration of the Prior Plans for the purpose of determi...ning the number of Shares available for the Plan); provided, however, each calendar year beginning January 1, 2016, so that the total maximum aggregate number of Shares that may be issued pursuant to Incentive Stock Options is 1,467,256 Shares. as of such date shall equal fifteen percent (15%) of the number of Shares outstanding as of such date. The Shares to be issued pursuant to Awards may be authorized, but unissued, unissued or reacquired Common Stock. Shares. (b) Any Shares covered by an Award (or portion of an Award) which that is forfeited, canceled or expires (whether voluntarily or involuntarily) shall be deemed not to have been issued for purposes of determining the maximum aggregate number of Shares which that may be issued under the Plan. Shares that actually have been issued under the Plan pursuant to an Award shall not be returned to the Plan and shall not become available for future issuance under the Plan, except that if unvested Shares are forfeited, or repurchased by the Company at the lower lesser of their original purchase price or their Fair Market Value at the time of repurchase, such Shares shall become available for future grant under the Plan. Notwithstanding anything to (c) To the contrary contained herein: extent not prohibited by the listing requirements of the stock exchange or national market system on which the Common Stock is traded) or Applicable Law, any Shares covered by an Award that are surrendered (i) Shares tendered or withheld in payment of an Option the Award exercise or purchase price shall not be returned (including pursuant to the Plan and shall not become available for future issuance under the Plan; "net exercise" of an option pursuant to Section 7(b)(v)) or (ii) Shares withheld by the Company to satisfy any in satisfaction of tax withholding obligation shall not be returned obligations incident to the Plan and shall not become available for future issuance under the Plan; and (iii) all Shares covered by the portion exercise of an SAR that is exercised (whether or not Shares are actually issued to the Grantee upon exercise of the SAR) Award shall be considered deemed not to have been issued for purposes of determining the maximum number of Shares that may be issued pursuant to all Awards under the Plan. Plan, unless otherwise determined by the Administrator. View More
Stock Subject to the Plan. (a) Subject to the provisions of Section 10 below, the maximum aggregate number of Shares which may be issued pursuant to Awards initially shall be 900,000 Shares, and commencing with the first business day of each calendar year beginning with the calendar year following the calendar year in which the Plan becomes effective such maximum aggregate number of Shares shall be increased by a number equal to four percent (4%) of the number of Shares outstanding as of the last day of the immediately pr...eceding calendar year. Notwithstanding the foregoing, subject to the provisions of Section 10, below, the maximum aggregate number of Shares which may be issued pursuant to all Awards is 3,200,000 Shares, plus any Shares which remain available for issuance or that would otherwise return to the Prior Plans as a result grant of forfeiture, termination or expiration of awards previously granted under the Prior Plans (ignoring the termination or expiration of the Prior Plans for the purpose of determining the number of Shares available for the Plan); provided, however, that the maximum aggregate number of Shares that may be issued pursuant to Incentive Stock Options is 1,467,256 Shares. shall be 900,000 Shares, and such number shall not be subject to annual adjustment as described above. The Shares to be issued pursuant to Awards may be authorized, but unissued, or reacquired Common Stock. (b) Any Shares covered by an Award (or portion of an Award) which is forfeited, canceled or expires (whether voluntarily or involuntarily) shall be deemed not to have been issued for purposes of determining the maximum aggregate number of Shares which may be issued under the Plan. Shares that actually have been issued under the Plan pursuant to an Award shall not be returned to the Plan and shall not become available for future issuance under the Plan, except that if unvested Shares are forfeited, or repurchased by the Company at their original purchase price, or at the lower of their original purchase price or their Fair Market Value at the time of repurchase, such Shares shall become available for future grant under the Plan. Notwithstanding anything to To the contrary contained herein: extent not prohibited by the listing requirements of The NASDAQ Stock Market LLC (or other established stock exchange or national market system on which the Common Stock is traded) or Applicable Laws, any Shares covered by an Award which are surrendered or withheld: (i) Shares tendered or withheld in payment of an Option the Award exercise or purchase price shall not be returned (including pursuant to the Plan and "net exercise" of an option pursuant to Section 7(b)(vi)); or (ii) in satisfaction of tax withholding obligations incident to the receipt, exercise or vesting of an Award shall be deemed not become available to have been issued 7 for future issuance purposes of determining the maximum number of Shares which may be issued pursuant to all Awards under the Plan; (ii) Shares withheld Plan, unless otherwise determined by the Company to satisfy any tax withholding obligation Administrator. SARs payable in Shares shall not reduce the maximum aggregate number of Shares which may be returned to issued under the Plan and shall not become available for future issuance under the Plan; and (iii) all Shares covered only by the portion number of an SAR that is exercised (whether or not actual Shares are actually issued to the Grantee upon exercise of the SAR) shall SAR. (c) Prior to the end of the transition period described in Section 19, the maximum aggregate amount of cash that may be considered issued pursuant to Cash-Based Awards under the Plan. Plan to Covered Employees is $5,000,000. View More
Stock Subject to the Plan. (a) Subject to the provisions of Section 10, 10 below, the maximum aggregate number of Shares which may be issued pursuant to all Awards is 3,200,000 Shares, plus any Shares which remain available for issuance or that would otherwise return to the Prior Plans as a result of forfeiture, termination or expiration of awards previously granted under the Prior Plans (ignoring the termination or expiration of the Prior Plans for the purpose of determining the number of Shares available for the Plan); ...provided, however, that the maximum aggregate number of Shares that may be issued pursuant to (including Incentive Stock Options Options) is 1,467,256 One Million Five Hundred (1,500,000) Shares. The Shares to be issued pursuant to Awards may be authorized, but unissued, or reacquired Common Stock. (b) Any Shares covered by an Award (or portion of an Award) which is forfeited, canceled or expires (whether voluntarily or involuntarily) shall be deemed not to have been issued for purposes of determining the maximum aggregate number of Shares which may be issued under the Plan. Shares that actually have been issued under the Plan pursuant to an Award shall not be returned to the Plan and shall not become available for future issuance under the Plan, except that if unvested Shares are forfeited, forfeited or repurchased by the Company at the lower of their original purchase price or their Fair Market Value at the time of repurchase, Company, such Shares shall become available for future grant under the Plan. Notwithstanding anything to To the contrary contained herein: extent not prohibited by the listing requirements of The Nasdaq National Market (or other established stock exchange or national market system on which the Common Stock is traded) and Applicable Law, any Shares covered by an Award which are surrendered (i) Shares tendered or withheld in payment of an Option the Award exercise or purchase price shall not be returned or (ii) in satisfaction of tax withholding obligations incident to the Plan and shall not become available for future issuance under the Plan; (ii) Shares withheld by the Company to satisfy any tax withholding obligation shall not be returned to the Plan and shall not become available for future issuance under the Plan; and (iii) all Shares covered by the portion exercise of an SAR that is exercised (whether or not Shares are actually issued to the Grantee upon exercise of the SAR) Award shall be considered deemed not to have been issued for purposes of determining the maximum number of Shares which may be issued pursuant to all Awards under the Plan. Plan, unless otherwise determined by the Administrator. View More
Stock Subject to the Plan. (a) Subject to the provisions of Section 10, 10 below, the maximum aggregate number of Shares which may be issued pursuant to all Awards (including Incentive Stock Options) is 3,200,000 Shares, plus any Shares which remain available for issuance or that would otherwise return 42,900 Shares. Subject to the Prior Plans as a result provisions of forfeiture, termination or expiration of awards previously granted under the Prior Plans (ignoring the termination or expiration of the Prior Plans for the... purpose of determining the number of Shares available for the Plan); provided, however, that Section 10 below, any increase to the maximum aggregate number of Shares that which may be issued pursuant to Incentive Stock Options is 1,467,256 Shares. all Awards shall be subject to shareholder approval. The Shares to be issued pursuant to Awards may be authorized, but unissued, or reacquired Common Stock. (b) Any Shares covered by an Award (or portion of an Award) which is forfeited, canceled or expires (whether voluntarily or involuntarily) shall be deemed not to have been issued for purposes of determining the maximum aggregate number of Shares which may be issued under the Plan. Shares that actually have been issued under the Plan pursuant to an Award shall not be returned to the Plan and shall not become available for future issuance under the Plan, except that if unvested Shares are forfeited, or repurchased by the Company at the lower of their original purchase price or their Fair Market Value at the time of repurchase, such Shares shall become available for future grant under the Plan. Notwithstanding anything to To the contrary contained herein: extent not prohibited by the listing requirements of The NASDAQ Stock Market LLC (or other established stock exchange or national market system on which the Common Stock is traded) or Applicable Laws, any Shares covered by an Award which are surrendered or withheld: (i) Shares tendered or withheld in payment of an Option the Award exercise or purchase price shall not be returned (including pursuant to the Plan and shall not become available for future issuance under the Plan; "net exercise" of an option pursuant to Section 7(b)(vi)); or (ii) Shares withheld by the Company to satisfy any in satisfaction of tax withholding obligation shall not be returned obligations incident to the Plan and shall not become available for future issuance under the Plan; and (iii) all Shares covered by the portion receipt, exercise or vesting of an SAR that is exercised (whether or not Shares are actually issued to the Grantee upon exercise of the SAR) Award shall be considered deemed not to have been issued for purposes of determining the maximum number of Shares which may be issued pursuant to all Awards under the Plan. Plan, unless otherwise determined by the Administrator. View More
Stock Subject to the Plan. (a) Subject to the provisions of Section 10, 10 below, the maximum aggregate number of Shares which may be issued pursuant to all Awards is 3,200,000 Shares, plus any Shares which remain available for issuance or that would otherwise return to the Prior Plans as a result of forfeiture, termination or expiration of awards previously granted under the Prior Plans (ignoring the termination or expiration of the Prior Plans for the purpose of determining the number of Shares available for the Plan); ...provided, however, that the maximum aggregate number of Shares that may be issued pursuant to (including Incentive Stock Options Options) is 1,467,256 five million four hundred thousand (5,400,000) Shares. The Shares to be issued pursuant to Awards may be authorized, but unissued, or reacquired Common Stock. 6 (b) Any Shares covered by an Award (or portion of an Award) which is forfeited, canceled or expires (whether voluntarily or involuntarily) shall be deemed not to have been issued for purposes of determining the maximum aggregate number of Shares which may be issued under the Plan. Shares that actually have been issued under the Plan pursuant to an Award shall not be returned to the Plan and shall not become available for future issuance under the Plan, except that if unvested Shares are forfeited, forfeited or repurchased by the Company at the lower of their original purchase price or their Fair Market Value at the time of repurchase, Company, such Shares shall become available for future grant under the Plan. Notwithstanding anything to the contrary contained herein: (i) Shares tendered or withheld in payment of an Option exercise price shall not be returned to the Plan and shall not become available for future issuance under the Plan; (ii) Shares withheld by the Company to satisfy any tax withholding obligation shall not be returned to the Plan and shall not become available for future issuance under the Plan; and (iii) all Shares covered by the portion of an SAR that is exercised (whether or not Shares are actually issued to the Grantee upon exercise of the SAR) shall be considered issued pursuant to the Plan.View More
