Buyer Options. Buyer Option Buyer Option NEW NEW 0-00.xxx/xxxxxxxx
Buyer Options. Buyer agrees to grant options to purchase an aggregate of 3,000,000 FM Ordinary Shares (the "Buyer Options") subject to applicable law (i) on the Closing Date to the employees of the Company who have entered into either the Key Company Employee Employment Agreements or the General Employment Agreements, as the case may be, on or prior to the Closing Date and (ii) on the effective date of the respective Key Company Employee Employment Agreements or General Employment Agreements, as the case may be, to employees of the Group Companies who enter into either the Key Company Employee Employment Agreements or the General Employment Agreements subsequent to the Closing Date. The Company may determine, in its sole discretion, to allocate the number of the Buyer Options among such employees in clauses (i) and (ii) above. The Buyer Options will be exercisable at a price per FM Ordinary Share equal to one-tenth of the closing price per ADS as reported on the NASDAQ on the date the Buyer Options are granted.
Buyer Options. At or as soon as practicable after the Closing, Buyer shall grant options to purchase an aggregate of 15,200 shares of Buyer Stock ("Buyer Options") to the employees of the Surviving Corporation identified on Schedule 6.2 attached hereto. The Buyer Options shall be granted to the employees identified on Schedule 6.2 to purchase the number of shares of Buyer Stock set forth opposite the name of each such employee pursuant to the terms of the Buyer's stock option plans, which terms shall include, among other things, an exercise price equal to the fair market value of the Buyer Stock as of the date of grant and vesting over a four (4)
Buyer Options. 37 4.5 DISTRIBUTION OF COMPANY PROFIT SHARING PLAN................................37 4.6
Buyer Options. On the Closing Date, the Buyer will grant nonqualified stock options (the "OPTIONS") to purchase an aggregate of 1,000,000 shares of the Buyer Common Stock at an exercise price of $3.00 per share. The Options shall be granted among the Continuing Employees (including the Sellers) as allocated at the sole discretion of the Sellers and as set forth on EXHIBIT 4.4 attached hereto. The Options shall be exercisable during a five-year term, vesting over a period of three years, with one-third of the Options granted to each individual vesting at the first, second and third anniversary of the effective date of this Agreement. The Options shall be granted pursuant to the terms of the "Geokinetics Inc. 1997 Stock Awards Plan" maintained by the Buyer.
Buyer Options. The Buyer Options will, when issued and delivered in accordance with this Agreement, be duly authorized, validly issued and binding obligations of Buyer, enforceable against Buyer in accordance with their terms, subject to the Remedies Exception, and any Buyer Common Stock issued upon exercise thereof in accordance with the terms of the relevant option plan and option agreement will, when issued, be duly authorized, validly issued, fully paid and nonassessable.
Buyer Options. 28 4.13 Severance.............................................................................................28 4.14 U.S. Real Property Interest...........................................................................28 4.15 Payment of Outstanding Company Payables...............................................................28 4.16 Termination of 401(k) Plan............................................................................29 ARTICLE V
Buyer Options. On the Closing Date, Buyer will grant options to purchase an aggregate of 1,218,000 shares of its Common Stock to the employees of the Company identified on SCHEDULE 4.12, in such amounts as set forth opposite their name, at a per share exercise price equal to the last reported sale price per share of the Buyer Common Stock on the Nasdaq National Market on the Closing Date. Such options will vest over a four year period as follows: 25% on the first anniversary of the grant date and the remaining 75% shall vest at a rate of 2.083% per month thereafter, subject in each case to continued employment with or service to Buyer following the Closing.
Buyer Options. Notwithstanding anything herein (other than in Section 6.6 (e)(ii)) to the contrary, if the Repair Condition constitutes a Major Delivery Failure which Seller using Commercially Reasonable Efforts cannot be reasonably expected to rectify so that the Barges meet the Required Operating Condition by the last day of the Delivery Window, then Buyer, at its election (exercised by giving written notice to Seller within thirty (30) Business Days following Buyer's Knowledge of the Major Delivery Failure), shall either elect (A) to elect Option A, (B) to elect Option B or (C) to establish a date for the Closing (and to extend the applicable Delivery Window) to occur (the "First Closing Date") (consistent with the time frame prescribed in Option B), to close the Acquisition with respect to any Barge which does not have Damaged Assets situated thereon, in which case, the Closing Date Payment shall be reduced (in accordance with Section 3.1 (c)(vi)) by an amount (the "Seller Delivery Failure Amount") equal to the sum of (1) the Barge A Purchase Price or the Barge B Purchase Price, as applicable, if Buyer is not purchasing Barge A or Barge B on the First Closing Date plus (2) the respective amount of the Purchase Price otherwise allocable (in accordance with Schedule 3.3) to any other Generation Assets which are not being acquired on the First Closing Date (the "Remaining Assets") (such option being hereinafter referred to as "Option C").
(1) Notwithstanding anything herein to the contrary, in a case where Buyer elects Option A pursuant to this Section 6.6 (e)(i) and all of the Acquired Assets are not in the Required Operating Condition as of the end of the Repair Time, then Buyer, at its election (exercised by giving written notice to Seller within ten (10) Business Days following the end of the Repair Time), shall once again have the option to elect Option B or Option C.
(2) In the case where Buyer elects Option C, Buyer shall, as a part of that Option, also elect (in the same written notice in which Buyer elects Option C) either (x) to exclude from the Acquisition completely the Remaining Assets (such option, under Option C, being hereinafter referred to as "Option C-1") or (y) to defer the Acquisition of the Remaining Assets (and to extend the applicable Delivery Window) until the end of the Repair Time (such option, under Option C, being hereinafter referred to as "Option C-2"). Notwithstanding anything herein to the contrary, in the case where Buyer elects Option ...
Buyer Options. Buyer Option Buyer Option NEW NEW 0-00.xxx/xxxxxxxx Option Buyer Options Continued SEPTIC SYSTEM: Buyer Option Option SWIMMING POOL—SALTWATER/SPA EQUIPMENT: Buyer Option WATER SOFTENER: Buyer Option WELL PUMP: Buyer 0-00.xxx/xxxxx
