Common use of Certain Mergers Clause in Contracts

Certain Mergers. Subject to any required action by the stockholders of the Company, in the event that the Company shall be the surviving corporation in any merger or consolidation (except a merger or consolidation as a result of which the holders of shares of Common Stock receive securities of another corporation), the Options outstanding on the date of such merger or consolidation shall pertain to and apply to the securities which a holder of the number of shares of Common Stock subject to such Options would have received in such merger or consolidation.

Appears in 2 contracts

Samples: Stock Option and Stockholders' Agreement (Ogara Co /Oh/), Stock Option and Stockholders' Agreement (Ogara Co /Oh/)

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Certain Mergers. Subject to any required action by the stockholders of the Company, in the event that if the Company shall be the surviving corporation in any merger or consolidation (except a merger or consolidation as a result of which the holders of shares of Common Stock receive securities of another corporation), this Option, to the Options extent outstanding on the date of such merger or consolidation consolidation, shall pertain entitle the holder hereof to and apply to acquire upon exercise the securities which a holder of the number of shares of Common Stock then subject to such Options this Option would have received in such merger or consolidation.

Appears in 2 contracts

Samples: Stock Option Agreement (Texoil Inc /Nv/), Stock Option Agreement (Texoil Inc /Nv/)

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