Common use of CAPITAL CHANGES AND BUSINESS SUCCESSIONS Clause in Contracts

CAPITAL CHANGES AND BUSINESS SUCCESSIONS. It is the purpose of this Option to encourage the Optionee to work for the best interests of the Company and its stockholders. Since, for example, that might require the issuance of a stock dividend or a merger with another corporation, the purpose of this Option would not be served if such a stock dividend, merger or similar occurrence would cause the Optionee’s rights hereunder to be diluted or terminated and thus be contrary to the Optionee’s interest. Section 3(b) of the Plan contains extensive provisions designed to preserve options at full value in a number of contingencies. Therefore, provisions in the Plan for adjustment with respect to stock subject to options and the related provisions with respect to successors to the business of the company are hereby made applicable hereunder and are incorporated herein by reference.

Appears in 3 contracts

Samples: Common Stock Option Plan (Rotech Healthcare Inc), Stock Option Agreement (Rotech Healthcare Inc), Stock Option Agreement (Rotech Healthcare Inc)

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CAPITAL CHANGES AND BUSINESS SUCCESSIONS. It is the purpose of this Option option to encourage the Optionee to work for the best interests of the Company Corporation and its stockholders. Since, for example, that might require the issuance of a stock dividend or a merger with another corporation, the purpose of this Option option would not be served if such a stock dividend, merger or similar occurrence would cause the Optionee’s rights hereunder to be diluted or terminated and thus be contrary to the Optionee’s interest. Section 3(b) of the The Plan contains extensive provisions designed to preserve options at full value in a number of contingencies. Therefore, provisions in the Plan for adjustment with respect to stock subject to options and the related provisions with respect to successors to the business of the company Corporation are hereby made applicable hereunder and are incorporated herein by referencereference as if this option were granted under the Plan.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Eclipsys Corp)

CAPITAL CHANGES AND BUSINESS SUCCESSIONS. It is the purpose of this Option option to encourage the Optionee to work for the best interests of the Company and its stockholders. Since, for example, that might require the issuance of a stock dividend or a merger with another corporation, the purpose of this Option option would not be served if such a stock dividend, merger or similar occurrence would cause the Optionee’s 's rights hereunder to be diluted or terminated and thus be contrary to the Optionee’s 's interest. Section 3(b) of the The Plan contains extensive provisions designed to preserve options at full value in a number of contingencies. Therefore, provisions in the Plan for adjustment with respect to stock subject to options and the related provisions with respect to successors to the business of the company Company are hereby made applicable hereunder and are incorporated herein by reference.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Davox Corp)

CAPITAL CHANGES AND BUSINESS SUCCESSIONS. It is the purpose of this Option option to encourage the Optionee to work for the best interests of the Company Corporation and its stockholders. Since, for example, that might require the issuance of a stock dividend or a merger with another corporation, the purpose of this Option option would not be served if such a stock dividend, merger or similar occurrence would cause the Optionee’s 's rights hereunder to be diluted or terminated and thus be contrary to the Optionee’s 's interest. Section 3(b) of the The Plan contains extensive provisions designed to preserve options at full value in a number of contingencies. Therefore, provisions in the Plan for adjustment with respect to stock subject to options and the related provisions with respect to successors to the business of the company Corporation are hereby made applicable hereunder and are incorporated herein by reference.

Appears in 1 contract

Samples: Consulting Agreement (Acusphere Inc)

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CAPITAL CHANGES AND BUSINESS SUCCESSIONS. It is the purpose of this Option option to encourage the Optionee to work for the best interests of the Company Corporation and its stockholders. Since, for example, that might require the issuance of a stock dividend or a merger with another corporation, the purpose of this Option option would not be served if such a stock dividend, merger or similar occurrence would cause the Optionee’s rights hereunder to be diluted or terminated and thus be contrary to the Optionee’s interest. Section 3(b) of the The Plan contains extensive provisions designed to preserve options at full value in a number of contingencies. Therefore, provisions in the Plan for adjustment with respect to stock subject to options and the related provisions with respect to successors to the business of the company Corporation are hereby made applicable hereunder and are incorporated herein by reference.

Appears in 1 contract

Samples: Qualified Stock Option Agreement (Eclipsys Corp)

CAPITAL CHANGES AND BUSINESS SUCCESSIONS. It is the purpose of this Option option to encourage the Optionee Participant to work for the best interests of the Company and its stockholders. Since, for example, that might require the issuance of a stock dividend or a merger with another corporation, the purpose of this Option option would not be served if such a stock dividend, merger or similar occurrence would cause the OptioneeParticipant’s rights hereunder to be diluted or terminated and thus be contrary to the OptioneeParticipant’s interest. Section 3(b) of the The Plan contains extensive provisions designed to preserve options at full value in a number of contingencies. Therefore, provisions in the Plan for adjustment with respect to stock subject to options and the related provisions with respect to successors to the business of the company Company are hereby made applicable hereunder and are incorporated herein by reference, but such provisions will not supersede the provisions of Section 2 hereof, providing for vesting of this option.

Appears in 1 contract

Samples: Stock Option Agreement (Eclipsys Corp)

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