Common use of Adjustments of Shares Clause in Contracts

Adjustments of Shares. In the event that, at any time or from time to time, a stock dividend, stock split, spin-off, combination or exchange of shares, recapitalization, merger, consolidation, distribution to shareholders other than a normal cash dividend, or other change in the Company's corporate or capital structure results in (a) the outstanding shares, or any securities exchanged therefor or received in their place, being exchanged for a different number or class of securities of the Company or of any other corporation or (b) new, different or additional securities of the Company or of any other corporation being received by the holders of shares of Common Stock of the Company, then the Board, in its sole discretion, shall make such equitable adjustments as it shall deem appropriate in the circumstances in the number and class of securities that are subject to this Option and the per share price of such securities, without any change in the aggregate price to be paid therefor. The determination by Board as to the terms of any of the foregoing adjustments shall be conclusive and binding.

Appears in 6 contracts

Samples: Qualified Stock Option Agreement (Photoworks Inc /Wa), Nonqualified Stock Option Agreement (Photoworks Inc /Wa), Qualified Stock Option Agreement (Photoworks Inc /Wa)

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