Common use of Basic Limitation Clause in Contracts

Basic Limitation. Common Shares issued pursuant to the Plan may be authorized but unissued shares or treasury shares. The aggregate number of Common Shares issued under the Plan shall not exceed (a) 6% of the total number of Common Shares outstanding immediately after the IPO plus (b) the additional Common Shares described in Sections 3.2 and 3.3. The number of Common Shares that are subject to Awards outstanding at any time under the Plan shall not exceed the number of Common Shares that then remain available for issuance under the Plan. All Common Shares available under the Plan may be issued upon the exercise of ISOs. The limitations of this Section 3.1 and Section 3.2 shall be subject to adjustment pursuant to Article 11.

Appears in 2 contracts

Samples: Equity Incentive Plan (Alimera Sciences Inc), Equity Incentive Plan (Alimera Sciences Inc)

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Basic Limitation. Common Shares issued pursuant to the Plan may be authorized but unissued shares or treasury shares. The aggregate number of Common Shares issued under the Plan shall not exceed (a) 6% of the total number of Common Shares outstanding immediately after the IPO 4,700,000 plus (b) the additional Common Shares described in Sections 3.2 and 3.3Section 3.2. The number of Common Shares that are subject to Awards outstanding at any time under the Plan shall not exceed the number of Common Shares that then remain available for issuance under the Plan. All Common Shares available under the Plan may be issued upon the exercise of ISOs. The limitations of this Section 3.1 and Section 3.2 shall be subject to adjustment pursuant to Article 1110.

Appears in 1 contract

Samples: 2016 Equity Incentive Plan (Vanda Pharmaceuticals Inc.)

Basic Limitation. Common Shares issued pursuant to the Plan may be authorized but unissued shares or treasury shares. The aggregate number of Common Shares issued under the Plan shall not exceed (a) 6[8% of the total number of Common Shares outstanding immediately after the IPO IPO] plus (b) the additional Common Shares described in Sections 3.2 and 3.3. The number of Common Shares that are subject to Awards outstanding at any time under the Plan shall not exceed the number of Common Shares that then remain available for issuance under the Plan. All Common Shares available under the Plan may be issued upon the exercise of ISOs. The limitations of this Section 3.1 and Section 3.2 shall be subject to adjustment pursuant to Article 1110.

Appears in 1 contract

Samples: 2008 Equity Incentive Plan (Alimera Sciences Inc)

Basic Limitation. Common Shares issued pursuant to the Plan may be authorized but unissued shares or treasury shares. The aggregate number of Common Shares issued under the Plan shall not exceed (a) 6% of the total number of 1,977,686 Common Shares outstanding immediately after the IPO plus (b) the additional Common Shares described in Sections 3.2 and 3.3. The number of Common Shares that are subject to Awards outstanding at any time under the Plan shall not exceed the number of Common Shares that then remain available for issuance under the Plan. All Common Shares available under the Plan may be issued upon the exercise of ISOs. The limitations of this Section 3.1 and Section 3.2 shall be subject to adjustment pursuant to Article 11.

Appears in 1 contract

Samples: Equity Incentive Plan (Alimera Sciences Inc)

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Basic Limitation. Common Shares issued pursuant to the Plan may be authorized but unissued shares or treasury shares. The aggregate number of Common Shares issued under the Plan shall not exceed (a) 6% of 7,000,000 plus the total number of Common Shares outstanding immediately after remaining available for issuance under the Predecessor Plan on the date of the IPO plus (b) the additional Common Shares described in Sections 3.2 and 3.3. The number of Common Shares that are subject to Awards outstanding at any time under the Plan shall not exceed the number of Common Shares that then remain available for issuance under the Plan. All Common Shares available under the Plan may be issued upon the exercise of ISOs. No more than 700,000 Common Shares may be issued under the Plan as Restricted Shares. The limitations of this Section 3.1 and Section 3.2 shall be subject to adjustment pursuant to Article 11.

Appears in 1 contract

Samples: 2007 Equity Incentive Plan (GlassHouse Technologies Inc)

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