AMENDMENT OF THE OPTION AGREEMENT. 2.1 Clause 3.4(b) of the Option Agreement shall be replaced by the following: “for any reason other than one specified in sub-clause (a) or (c) of this clause 3.4, the Option shall continue to be exercisable over all of the Shares subject to the Option; provided that, such exercise must take place on or before December 31, 2012, failing which the Option shall lapse; or”
AMENDMENT OF THE OPTION AGREEMENT. Section 4 of the Option Agreements shall be amended to add the following thereto: The Optionee may deliver shares of Company Common Stock in payment of the purchase price of the shares being purchased (the "Delivered Shares Method") only if either (i) the shares of Company Common Stock being so delivered (the "Delivered Shares") have been owned by the Optionee for at least six months prior to the date of delivery, or (ii), if the Delivered Shares have not been owned by the Optionee for at least six months prior to the date of delivery, the Optionee, at the date of delivery of the Delivered Shares, then owns, and has owned for at least six months prior thereto, a number of shares of Company Common Stock at least equal in number to the Delivered Shares. If the Option Agreement permits the Optionee to authorize the Company to retain exercisable options in payment of the purchase price of shares being purchased (the "Retention of Stock Options Method") then the Optionee may so authorize the Company to retain exercisable options (the "Retained Options") only if, at the date of such authorization, the Optionee then owns, and has owned for a least six months prior thereto, a number of shares of Company Common Stock at least equal in number to the number of shares of Common Stock underlying the Retained Options. Shares which have been counted during the prior six months as owned by the Optionee for purposes of determining whether the Optionee may exercise options to purchase Common Stock pursuant to the Delivered Shares Method or the Retention of Stock Options Method may not be used as Delivered Shares and may not be counted as owned by the Optionee for purposes of the foregoing calculations.
AMENDMENT OF THE OPTION AGREEMENT. Section 9 of the Option Agreement shall be amended to read as follows:
AMENDMENT OF THE OPTION AGREEMENT. THE TITLEHOLDER and LUMINA hereby agree to modify sub-sections 3.2, 3.3 and 3.4.2 of sub-section 3.4 of Section Third of the Option Agreement, which shall be worded as follows:
AMENDMENT OF THE OPTION AGREEMENT. 1.1 Effective upon the Amendment Effective Date, the Option Agreement is amended as provided in this Article 1. Except as expressly modified in this Article 1, all provisions of the Option Agreement shall remain in full force and effect.
AMENDMENT OF THE OPTION AGREEMENT. 2.1 Clause 3.3(b) of the Option Agreement shall be replaced by the following: “for any reason other than one specified in sub-clause (a) above, the Option shall continue to be exercisable over those Shares in relation to which the Third Tranche Option has vested on the date that the Optionholder becomes a Leaver provided that such exercise takes place after August 15, 2011 and prior to 15 November 2011, failing which the Third Tranche Option shall lapse.” Save as varied by this agreement the Option Agreement shall continue in full force and effect and the Option Agreement together with this agreement shall be read and construed as one agreement.
AMENDMENT OF THE OPTION AGREEMENT. The Option Agreement will be amended and restated in its entirety in the form attached to this letter as Exhibit A.
AMENDMENT OF THE OPTION AGREEMENT. The number of Option Shares shall be 500,000.
AMENDMENT OF THE OPTION AGREEMENT. An amendment to the Option Agreement shall be shall be executed and delivered, substantially in the form of Exhibit D attached hereto.
AMENDMENT OF THE OPTION AGREEMENT. 2.1 The Parties hereby agree that, subject to clause 2.4 below, the Option Agreement shall be, and shall be deemed to be, amended with effect on and from the date of this Amendment Agreement (the EFFECTIVE DATE) so that it shall take effect in the form set out in the Schedule hereto. The Parties undertake, immediately following execution of this Amendment Agreement, to execute and deliver a copy of the document set out in the Schedule hereto to confirm the adoption by the Parties of the amendments to the Option Agreement effected hereby (and not, for the avoidance of doubt, for the purpose of adopting that document as a new agreement in its own right, but rather to restate the Option Agreement as amended hereby).
