Common use of Changes in Capital Stock Clause in Contracts

Changes in Capital Stock. Upon any readjustment or recapitalization of the Company’s capital stock whereby the character of the Common Stock shall be changed, appropriate adjustments shall be made so that the capital stock issuable upon exercise of the Option after such readjustment or recapitalization shall be the substantial equivalent of the Common Stock issuable upon exercise of the Option. In the case of a merger, sale of assets or similar transaction which results in a replacement of the Common Stock with stock of another corporation, the Company will make a reasonable effort, but shall not be required, to replace any outstanding Options granted under the Plan with comparable options to purchase the stock of such other corporation, or will provide for immediate maturity of all outstanding Options, with all Options not being exercised within the time period specified by the Company’s Board of Directors being terminated; provided, however, that in the event of Optionee’s termination of employment as described in Section 5(f), the terms set forth in Section 5(f) shall control.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Kv Pharmaceutical Co /De/), Incentive Stock Option Agreement (Kv Pharmaceutical Co /De/)

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Changes in Capital Stock. Upon any readjustment or recapitalization of the Company’s capital stock whereby the character of the Common Stock shall be changed, appropriate adjustments shall be made so that the capital stock issuable upon exercise of the Option after such readjustment or recapitalization shall be the substantial equivalent of the Common Stock issuable upon exercise of the Option. In the case of a merger, sale of assets or similar transaction which results in a replacement of the Common Stock with stock of another corporation, the Company will make a reasonable effort, but shall not be required, to replace any outstanding Options granted under the Plan with comparable options to purchase the stock of such other corporation, or will provide for immediate maturity of all outstanding Options, with all Options not being exercised within the time period specified by the Company’s Board of Directors being terminated; provided, however, that in the event of Optionee’s termination of employment as described in Section Paragraph 5(f), the terms set forth in Section Paragraph 5(f) shall control.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Kv Pharmaceutical Co /De/), Incentive Stock Option Agreement (Kv Pharmaceutical Co /De/)

Changes in Capital Stock. Upon any readjustment or recapitalization of the Company’s capital stock whereby the character of the Common Stock shall be changed, appropriate adjustments shall be made so that the capital stock issuable upon exercise of the Option after such readjustment or recapitalization shall be the substantial equivalent of the Common Stock issuable upon exercise of the Option. In the case of a merger, sale of assets or similar transaction which results in a replacement of the Common Stock with stock of another corporation, the Company will make a reasonable effort, but shall not be required, to replace any outstanding Options granted under the Plan with comparable options to purchase the stock of such other corporation, or will provide for immediate maturity of all outstanding Options, with all Options not being exercised within the time period specified by the Company’s Board of Directors being terminated; provided, however, that in the event of Optionee’s termination of employment Optionee shall cease to be a Director as described in Section 5(f5(d), the terms set forth in Section 5(f5(d) shall control.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Kv Pharmaceutical Co /De/)

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Changes in Capital Stock. Upon any readjustment or recapitalization of the Company’s capital stock whereby the character of the Common Stock shall be changed, appropriate adjustments shall be made so that the capital stock issuable upon exercise of the Option after such readjustment or recapitalization shall be the substantial equivalent of the Common Stock issuable upon exercise of the Option. In the case of a merger, sale of assets or similar transaction which results in a replacement of the Common Stock with stock of another corporation, the Company will make a reasonable effort, but shall not be required, to replace any outstanding Options granted under the Plan with comparable options to purchase the stock of such other corporation, or will provide for immediate maturity of all outstanding Options, with all Options not being exercised within the time period specified by the Company’s Board of Directors being terminated; provided, however, that in the event of Optionee’s termination of employment Optionee shall cease to be a Director as described in Section 5(fParagraph 5(d), the terms set forth in Section 5(fParagraph 5(d) shall control.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Kv Pharmaceutical Co /De/)

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