Acceleration Following Non-Assumption of Options. If there is a Change of Control in which, prior to such Change of Control, all unvested outstanding stock options granted to the Executive by the Company are not fully assumed or replaced by fully equivalent substitute stock options of the Successor, then: (1) all such unvested stock options held by Executive shall have their vesting and exercisability fully accelerated such that all unvested stock options are vested immediately prior to the effective date of the Change of Control and (2) the Company shall provide reasonable prior written notice to the Executive of: (a) the date that each such unvested stock options will terminate and (b) the period during which the Executive may exercise any unvested stock options.
Appears in 5 contracts
Samples: Change of Control and Retention Agreement (Diamond Foods Inc), Change of Control and Retention Agreement (Diamond Foods Inc), Change of Control and Retention Agreement (Diamond Foods Inc)
