Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 50 contracts
Samples: Incentive Stock Option Agreement (Novavax Inc), Non Statutory Stock Option Agreement (Novavax Inc), Employment Agreement (MetaMorphix Inc.)
Board Authority to Make Adjustments. Any adjustments under this ----------------------------------- Section 9 12 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 11 contracts
Samples: Non Statutory Stock Option Agreement (Switchboard Inc), Non Statutory Stock Option Agreement (Switchboard Inc), Incentive Stock Option Agreement (Switchboard Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant with respect to this option Shares on account of any such adjustments.
Appears in 7 contracts
Samples: Restricted Stock Award Agreement (Staples Inc), Restricted Stock Award Agreement (Staples Inc), Restricted Stock Award Agreement (Staples Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of DirectorsDirectors of the Company, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant with respect to this option on account of any such adjustments.
Appears in 5 contracts
Samples: Non Qualified Stock Option Agreement (Network Appliance Inc), Non Qualified Stock Option Agreement (Constant Contact, Inc.), Non Qualified Stock Option Agreement (Constant Contact, Inc.)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option Option on account of any such adjustments.
Appears in 4 contracts
Samples: Incentive Stock Option Agreement (Verenium Corp), Non Qualified Stock Option Agreement (Diversa Corp), Incentive Stock Option Agreement (Verenium Corp)
Board Authority to Make Adjustments. Any adjustments under this Section 9 8 will be made by the Board of DirectorsDirectors and/or the Compensation Committee, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares Shares will be issued pursuant to this option Option on account of any such adjustments.
Appears in 4 contracts
Samples: Non Qualified Stock Option Agreement (Medianet Group Technologies Inc), Non Qualified Stock Option Agreement (Medianet Group Technologies Inc), Non Qualified Stock Option Agreement (Metropolitan Health Networks Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof thereof' will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 3 contracts
Samples: Employment Agreement (Assuretec Holdings Inc), Employment Agreement (Assuretec Holdings Inc), Employment Agreement (Assuretec Holdings Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (Shiwana, Inc.), Performance Option Agreement (Globe Manufacturing Corp), Performance Option Agreement (Globe Manufacturing Corp)
Board Authority to Make Adjustments. Any adjustments adjustment under this Section 9 will be made by the Board of Directors, whose determination as to what adjustmentsadjustment, if any, will be made and the extent thereof will be final, binding and conclusive. No Upon exercise of this Option, the Company, in its sole discretion, may pay to the Optionee cash equal to the fair market value of any fractional shares will be issued pursuant to this option on account of created by any such adjustmentsadjustment.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (Clinical Data Inc), Non Qualified Stock Option Agreement (Clinical Data Inc), Incentive Stock Option Agreement (Clinical Data Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of DirectorsBoard, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 2 contracts
Samples: Option Offering Agreement (iKang Healthcare Group, Inc.), Incentive Stock Option Agreement (Curis Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 6 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant with respect to this option Shares on account of any such adjustments.
Appears in 2 contracts
Samples: Special Performance Share Award Agreement (Staples Inc), Performance Share Award Agreement (Staples Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this his option on account of any such adjustments.
Appears in 2 contracts
Samples: Non Statutory Stock Option Agreement (Distributed Energy Systems Corp), Nonstatutory Stock Option Agreement (Distributed Energy Systems Corp)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, any will be made and the extent thereof will be final, binding and conclusive. No Upon exercise of this option, the Company may at the discretion of the Board of Directors, pay to the Optionee cash equal to the fair market value of any fractional shares will be issued pursuant to this option on account of created by any such adjustments.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Smart Video Technologies Inc), Incentive Stock Option Agreement (Smart Video Technologies Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 8 will be made by the Board of DirectorsBoard, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 2 contracts
Samples: Nonstatutory Stock Option Agreement (Curis Inc), Nonstatutory Stock Option Agreement (Curis Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option under the Option on account of any such adjustments.
Appears in 2 contracts
Samples: Key Man Stock Option Agreement (Interleaf Inc /Ma/), Key Man Stock Option Agreement (Interleaf Inc /Ma/)
Board Authority to Make Adjustments. Any adjustments Adjustments under this Section 9 will be ----------------------------------- made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option under the Option on account of any such adjustments.
Appears in 1 contract
Samples: Nonstatutory Stock Option Grant Agreement (Yurie Systems Inc)
Board Authority to Make Adjustments. Any adjustments under this ----------------------------------- Section 9 11 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 1 contract
Samples: Stock Option Agreement (Physicians Quality Care Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of DirectorsDirectors and/or the Compensation Committee, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares Shares will be issued pursuant to this option Option on account of any such adjustments. Change of Control.
Appears in 1 contract
Samples: Stock Option Agreement (DubLi, Inc.)
Board Authority to Make Adjustments. Any adjustments under this ------------------------------------ Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Banyan Systems Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 11 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this ----------------------------------- Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Banyan Systems Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 12 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option Option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board board of Directorsdirectors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Cisco Systems Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option Option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 9 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option Option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive; provided, however, that no such adjustment shall adversely affect or compromise the rights of the Optionee hereunder. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 9 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares Shares will be issued pursuant to this option Option on account of any such adjustments.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Medianet Group Technologies Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of DirectorsDirectors and/or the Compensation Committee, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares Shares will be issued pursuant to this option Option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this ----------------------------------- Section 9 10 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option Option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option hereunder on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments Adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to under this option Option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.,
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Avalon Pharmaceuticals Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of DirectorsDirectors of the Company, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant with respect to this option the Purchased Shares on account of any such adjustments.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Constant Contact, Inc.)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof thereof, will be final, binding and conclusive. No fractional shares will be issued pursuant to this option on account of any such adjustments.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Biosphere Medical Inc)
Board Authority to Make Adjustments. Any adjustments Adjustments under this Section 9 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to under this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued pursuant to under this option on account of any such adjustments.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Vision Sciences Inc /De/)
Board Authority to Make Adjustments. Any adjustments under this Section 9 will shall be made by the Board of Directors, whose determination as to what adjustments, if any, will shall be made and the extent thereof will shall be final, binding and conclusive. No fractional shares will shall be issued pursuant to this option on account of any such adjustments.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (American Superconductor Corp /De/)
