Base Price. The base price per share of Stock for each Stock Appreciation Right shall be set by the Committee at the time of grant and shall not be less than the Fair Market Value on the date of grant. Notwithstanding the foregoing, in the case of a Stock Appreciation Right that is a Substitute Award, the base price per share of Stock for such Stock Appreciation Right may be less than the Fair Market Value on the date of grant; provided, that such base price is determined in a manner consistent with the provisions of Section 409A of the Code.
Appears in 3 contracts
Sources: Business Combination Agreement (IB Acquisition Corp.), Business Combination Agreement (IB Acquisition Corp.), Business Combination Agreement (CF Acquisition Corp. VI)
Base Price. The base price per share of Stock for each a Stock Appreciation Right shall be set determined by the Committee at in its sole discretion; provided, however, that the time base price for any grant of grant and a Stock Appreciation Right shall not be less than 100% of the Fair Market Value of a share of Common Stock on the date Date of grant. Notwithstanding the foregoingGrant, in the case of a Stock Appreciation Right that is a Substitute Award, the base price per share of Stock subject to adjustments as provided for such Stock Appreciation Right may be less than the Fair Market Value on the date of grant; provided, that such base price is determined in a manner consistent with the provisions of under Section 409A of the Code4.3.
Appears in 2 contracts
Sources: Merger Agreement (Trailblazer Merger Corp I), Merger Agreement (Amergent Hospitality Group, Inc)
Base Price. The base price per share of Stock for each a Stock Appreciation Right shall be set determined by the Committee at Committee; provided, however, that the time base price for any grant of grant and a Stock Appreciation Right shall not be less than 100% of the Fair Market Value of a share of Common Stock on the date Date of grant. Notwithstanding the foregoingGrant, in the case of a Stock Appreciation Right that is a Substitute Award, the base price per share of Stock subject to adjustments as provided for such Stock Appreciation Right may be less than the Fair Market Value on the date of grant; provided, that such base price is determined in a manner consistent with the provisions of under Section 409A of the Code4.3.
Appears in 1 contract
Sources: Contribution and Exchange Agreement (Ekso Bionics Holdings, Inc.)
Base Price. The base price per share of Stock for each Stock Appreciation Right shall be set by the Committee at the time of grant and shall not be less than the Fair Market Value on the date of grant. Notwithstanding the foregoing, in the case of a Stock Appreciation Right that is a Substitute Award, the base price per share of Stock for such Stock Appreciation Right may be less than the Fair Market Value on the date of grant; provided, that that, such base price is determined in a manner consistent with the provisions of Section 409A of the Code.
Appears in 1 contract
Sources: Merger Agreement (Dril-Quip Inc)