Amendment of the Option Agreement Sample Clauses

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” 2.2 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.
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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 at 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. 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. 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 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).
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. Section 9 of the Option Agreement shall be amended to read as follows:
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Amendment of the Option Agreement. The number of Option Shares shall be 500,000.
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. 1.2 Any capitalized term not otherwise defined herein shall have the same meaning as defined in the Option Agreement. 1.3 Article 2 of the Option Agreement is amended by adding the following new Sections immediately following Section 2.3 thereof: 2.4 Creation of Pre-Phase III Plan. Commencing on March 15, 2015, Opexa will create a detailed plan, including a XXXXX chart containing key tasks, decision points, timing, budget and milestones, documenting all of the activities necessary for laboratory facilities both in the U.S. and Europe to reach operational readiness by the end of December 2016 (such plan, the “Pre-Phase III Plan”). The Pre-Phase III Plan will include, among other items, (i) review and identification of a preferred contract manufacturing organization in Europe, (ii) set-up, identification and qualification of third parties for raw materials, (iii) validation of laboratory facilities in the U.S. and Europe; and (iv) a hiring plan for the key personnel to complete the Pre-Phase III Plan. For Europe, the Pre-Phase III Plan will address the creation of a dedicated lab to support a Phase III trial. For the US, the Pre-Phase III Plan will address the expansion of existing capabilities and infrastructure to handle a Phase III trial. 2.5 Approval of Pre-Phase III Plan. Opexa will present its proposed Pre-Phase III Plan to the JSC and the JSC shall review the proposed Pre-Phase III Plan. The Pre-Phase III Plan shall be subject to the approval of the JSC, which approval shall not be unreasonably withheld or delayed.

Related to Amendment of the Option Agreement

  • Amendment of Option This Agreement and the terms of the Option may be amended by the Board or the Committee at any time (i) if the Board or the Committee determines, in its sole discretion, that amendment is necessary or advisable due to any addition to or change in the Code or in the regulations issued thereunder, or any federal or state securities law or other law or regulation, which change occurs after the Date of Grant and by its terms applies to the Option; or (ii) other than in the circumstances described in clause (i), with the consent of WGNB and the Grantee.

  • Amendment to Purchase Agreement Section 1.3 of the Purchase Agreement is hereby amended and restated in its entirety to read as follows:

  • Amendment to Employment Agreement 2 of the Employment Agreement is amended and restated in its entirety to read as follows:

  • Stock Option Agreement Each grant of an Option under the Plan shall be evidenced by a Stock Option Agreement between the Optionee and the Company. Such Option shall be subject to all applicable terms of the Plan and may be subject to any other terms that are not inconsistent with the Plan. The Stock Option Agreement shall specify whether the Option is an ISO or an NSO. The provisions of the various Stock Option Agreements entered into under the Plan need not be identical. Options may be granted in consideration of a reduction in the Optionee’s other compensation.

  • Amendment of the Agreement The Company and the Participant may amend this Agreement only by a written instrument signed by both parties.

  • Term of Agreement; Amendment; Assignment A. This Agreement shall become effective with respect to each Fund listed on Exhibit A hereof as of the date hereof and, with respect to each Fund not in existence on that date, on the date an amendment to Exhibit A to this Agreement relating to that Fund is executed. Unless sooner terminated as provided herein, this Agreement shall continue in effect for two years from the date hereof. Thereafter, if not terminated, this Agreement shall continue in effect automatically as to each Fund for successive one-year periods, provided such continuance is specifically approved at least annually by: (i) the Trust’s Board, or (ii) the vote of a “majority of the outstanding voting securities” of a Fund, and provided that in either event, the continuance is also approved by a majority of the Trust’s Board who are not “interested persons” of any party to this Agreement, by a vote cast in person at a meeting called for the purpose of voting on such approval. B. Notwithstanding the foregoing, this Agreement may be terminated, without the payment of any penalty, with respect to a particular Fund: (i) through a failure to renew this Agreement at the end of a term, (ii) upon mutual consent of the parties, or (iii) upon not less than 60 days’ written notice, by either the Trust upon the vote of a majority of the members of its Board who are not “interested persons” of the Trust and have no direct or indirect financial interest in the operation of this Agreement, or by vote of a “majority of the outstanding voting securities” of a Fund, or by the Distributor. The terms of this Agreement shall not be waived, altered, modified, amended or supplemented in any manner whatsoever except by a written instrument signed by the Distributor and the Trust. If required under the 1940 Act, any such amendment must be approved by the Trust’s Board, including a majority of the Trust’s Board who are not “interested persons” of any party to this Agreement, by a vote cast in person at a meeting for the purpose of voting on such amendment. In the event that such amendment affects the Advisor, the written instrument shall also be signed by the Advisor. This Agreement will automatically terminate in the event of its “assignment.” C. As used in this Section, the terms “majority of the outstanding voting securities,” “interested person,” and “assignment” shall have the same meaning as such terms have in the 1940 Act. D. Sections 7 and 8 shall survive termination of this Agreement.

  • Termination Agreement 8.01 Notwithstanding any other provision of this Agreement, WESTERN, at its sole option, may terminate either a Purchase Order or this Agreement at any time by giving fourteen (14) days written notice to CONSULTANT, whether or not a Purchase Order has been issued to CONSULTANT. 8.02 In the event of termination of either a Purchase Order or this Agreement, the payment of monies due CONSULTANT for work performed prior to the effective date of such termination shall be paid within thirty (30) days after receipt of an invoice as provided in this Agreement. Upon payment for such work, CONSULTANT agrees to promptly provide to WESTERN all documents, reports, purchased supplies and the like which are in the possession or control of CONSULTANT and pertain to WESTERN.

  • Amendment to Agreement Effective as of the Amendment No. 2 Effective Date, the Agreement shall be amended as follows: The parties hereby agree to amend Exhibit A by adding the following new text as a new section 5: [START NEW TEXT]

  • Amendment of Existing Warrant Agreement The Company and the Warrant Agent hereby amend the Existing Warrant Agreement as provided in this Section 2, effective as of the Merger Effective Time, and acknowledge and agree that the amendments to the Existing Warrant Agreement set forth in this Section 2 are necessary or desirable and that such amendments do not adversely affect the interests of the registered holders:

  • Amendment of the Rights Agreement Section 1(b) of the Rights Agreement is hereby amended and restated in its entirety as follows:

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