ADJUSTMENTS FOR CHANGES IN COMMON STOCK. 7.1 In the event that the outstanding shares of Common Stock (other than shares held by dissenting shareholders) shall be changed into, or exchanged for, a different number or kind of shares of Common Stock or other securities of the Company, or if further changes or exchanges of any Common Stock or other securities into which the Common Stock shall have been changed, or for which it shall have been exchanged, shall be made (whether by reason of merger, consolidation, reorganization, recapitalization, stock dividend, reclassification, split-up, combination of shares or otherwise), then for each Share subject to the Option, there shall be substituted and exchanged therefor the number and kind of shares of Common Stock or other securities into or for which each outstanding share of Common Stock (other than shares held by dissenting shareholders) shall be so changed or exchanged. If in the event of any such changes or exchanges in order to prevent dilution or enlargement of rights under this Agreement, it is necessary to make an adjustment in the number, kind or option exercise price of the Shares then subject to the Option, such adjustment shall be made by the Committee and shall be effective and binding for all purposes of this Agreement. 7.2 All adjustments made pursuant to the provision of this Section 7 shall be made by the Committee, whose determination as to which adjustments shall be made, and the extent thereof, shall be final, binding and conclusive.
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Samples: Non Qualified Stock Option Agreement (Metris Companies Inc), Non Qualified Stock Option Agreement (Metris Companies Inc)
ADJUSTMENTS FOR CHANGES IN COMMON STOCK. 7.1 In the event that the outstanding shares of Common Stock (other than shares held by dissenting shareholders) shall be changed into, or exchanged for, a different number or kind of shares of Common Stock or other securities of the Company, or or, if further changes or exchanges of any Common Stock or other securities into which the Common Stock shall have been changed, or for which it shall have been exchanged, shall be made (whether by reason of merger, consolidation, reorganization, recapitalization, stock dividend, reclassification, split-up, combination of shares or otherwise), then for each Share subject to the Option, there shall be substituted and exchanged therefor the number and kind of shares of Common Stock or other securities into or for which each outstanding share of Common Stock (other than shares held by dissenting shareholders) shall be so changed or exchanged. If in the event of any such changes or exchanges in order to prevent dilution or enlargement of rights under this Agreement, it is necessary to make an adjustment in the number, kind kind, or option exercise price of the Shares then subject to the Option, such adjustment shall be made by the Committee and shall be effective and binding for all purposes of this Agreement.
7.2 All adjustments made pursuant to the provision of this Section 7 shall be made by the Committee, whose determination as to which adjustments shall be made, and the extent thereof, shall be final, binding and conclusive.
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Samples: Non Qualified Stock Option Agreement (Fingerhut Companies Inc)
ADJUSTMENTS FOR CHANGES IN COMMON STOCK. 7.1 In the event that the outstanding shares of Common Stock (other than shares held by dissenting shareholders) shall be changed into, or exchanged for, a different number or kind of shares of Common Stock or other securities of the Company, or or, if further changes or exchanges of any Common Stock or other securities into which the Common Stock shall have been changed, or for which it shall have been exchanged, shall be made (whether by reason of merger, consolidation, reorganization, recapitalization, stock dividend, reclassification, split-split- up, combination of shares or otherwise), then for each Share subject to the Option, there shall be substituted and exchanged therefor the number and kind of shares of Common Stock or other securities into or for which each outstanding share of Common Stock (other than shares held by dissenting shareholders) shall be so changed or exchanged. If in the event of any such changes or exchanges in order to prevent dilution or enlargement of rights under this Agreement, it is necessary to make an adjustment in the number, kind kind, or option exercise price of the Shares then subject to the Option, such adjustment shall be made by the Committee and shall be effective and binding for all purposes of this Agreement.
7.2 All adjustments made pursuant to the provision of this Section 7 shall be made by the Committee, whose determination as to which adjustments shall be made, and the extent thereof, shall be final, binding and conclusive.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Metris Companies Inc)
ADJUSTMENTS FOR CHANGES IN COMMON STOCK. 7.1 In the event that the outstanding shares of Common Stock (other than shares held by dissenting shareholders) shall be changed into, or exchanged for, a different number or kind of shares of Common Stock or other securities of the Company, or or, if further changes or exchanges of any Common Stock or other securities into which the Common Stock shall have been changed, or for which it shall have been exchanged, shall be made (whether by reason of merger, consolidation, reorganization, recapitalization, stock dividend, reclassification, split-up, combination of shares or otherwise), then for each Share subject to the Option, there shall be substituted and exchanged therefor the number and kind of shares of Common Stock or other securities into or for which each outstanding share of Common Stock (other than shares held by dissenting shareholders) shall be so changed or exchanged. If in the event of any such changes or exchanges in order to prevent dilution or enlargement of rights under this Agreement, it is necessary to make an adjustment in the number, kind kind, or option exercise price of the Shares then subject to the Option, such adjustment shall be made by the Committee Board of Directors and shall be effective and binding for all purposes of this Agreement.
7.2 All adjustments made pursuant to the provision of this Section 7 shall be made by the CommitteeBoard of Directors, whose determination as to which adjustments shall be made, and the extent thereof, shall be final, binding and conclusive.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Metris Companies Inc)
ADJUSTMENTS FOR CHANGES IN COMMON STOCK. 7.1 In the event that the outstanding shares of Common Stock (other than shares held by dissenting shareholders) shall be changed into, or exchanged exchange for, a different number or kind of shares of Common Stock or other securities of the Company, or or, if further changes or exchanges of any Common Stock or other securities into which the Common Stock shall have been changed, or for which it shall have been exchanged, shall be made (whether by reason of merger, consolidation, reorganization, recapitalization, stock dividend, reclassification, split-up, combination of shares or otherwise), then for each Share subject to the Option, there shall be substituted and exchanged therefor the number and kind of shares of Common Stock or other securities into or for which each outstanding share of Common Stock (other than shares held by dissenting shareholders) shall be so changed or exchanged. If in the event of any such changes or exchanges in order to prevent dilution or enlargement of rights under this Agreement, it is necessary to make an adjustment in the number, kind kind, or option exercise price of the Shares then subject to the Option, such adjustment shall be made by the Committee and shall be effective and binding for all purposes of this Agreement.
7.2 All adjustments made pursuant to the provision of this Section 7 shall be made by the Committee, whose determination as to which adjustments shall be made, and the extent thereof, shall be final, binding and conclusive.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Metris Companies Inc)