Adjustments in Authorized Shares. The Board shall have the right to substitute or assume Awards in connection with mergers, reorganizations, separations, or other transactions to which Code Section 424(a) applies. The number of shares of Stock reserved pursuant to Section 4 shall be increased by the corresponding number of Awards assumed and, in the case of a substitution, by the net increase in the number of shares of Stock subject to Awards before and after the substitution.
Appears in 2 contracts
Samples: Employment Agreement (Keyw Holding Corp), Employment Agreement (Keyw Holding Corp)
Adjustments in Authorized Shares. The Board shall have the right to substitute or assume Awards in connection with mergers, reorganizations, separations, or other transactions to which Code Section 424(a) of the Code applies. The number of shares of Stock reserved pursuant to Section 4 shall be increased by the corresponding number of Awards assumed and, in the case of a substitution, by the net increase in the number of shares of Stock subject to Awards before and after the substitution.
Appears in 2 contracts
Samples: Merger Agreement (Enterprise Acquisition Corp.), 2009 Stock Incentive Plan (China Armco Metals, Inc.)
Adjustments in Authorized Shares. The Board shall have the right to substitute or assume Awards in connection with mergers, reorganizations, separations, or other transactions to which Code Section 424(a) of the Code applies. The number of shares of Stock Shares reserved pursuant to Section 4 shall be increased by the corresponding number of Awards assumed and, in the case of a substitution, by the net increase in the number of shares of Stock Shares subject to Awards before and after the substitution.
Appears in 1 contract
Samples: 2008 Omnibus Incentive Plan (Colonial Properties Trust)