Common use of Changes in Company’s Capital Structure Clause in Contracts

Changes in Company’s Capital Structure. The existence of the Option will not affect in any way the right or authority of the Company or its stockholders to make or authorize (a) any adjustment, recapitalization, reorganization, or other changes in the Company's capital structure or its business; (b) any merger or consolidation of the Company; (c) any issuance of bonds, debentures, preferred, or prior preference stock ahead of or affecting the Stock or the rights thereof; (d) the dissolution or liquidation of the Company; (e) any sale or transfer of all or any part of the Company's assets or business; or (f) any other corporate act or proceeding, whether of a similar character or otherwise. In the event of a Change in Control or other corporate transaction provided for in the Plan, the Participant shall have such rights, and the Administrator shall take such actions, as are provided for in the Plan.

Appears in 2 contracts

Samples: Restricted Stock Purchase Plan Non Qualified Stock Option Agreement (Divine Inc), 2001 Stock Incentive Plan Non Qualified Stock Option Agreement (Divine Inc)

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Changes in Company’s Capital Structure. The existence of the an Stock Option will not affect in any way the right or authority of the Company or its stockholders to make authorize or authorize effect (a) any adjustmentor all adjustments, recapitalizationrecapitalizations, reorganization, reorganizations or other changes in the Company's ’s capital structure or its business; (b) any Change in Control; (c) any merger or consolidation of the Company; (cd) any issuance issue of bonds, debentures, preferred, preferred or prior preference stock ahead of or affecting the Stock or the rights thereof; (de) the dissolution or liquidation of the Company; (ef) any sale or transfer of all or any part of the Company's its assets or business; or (fg) any other corporate act or proceeding, whether of a similar character or otherwise. In the event of a Change in Control or other corporate transaction restructuring provided for in the Plan, the Participant shall have such rights, and the Administrator shall take such actions, as are provided for in the Plan.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (KAYAK SOFTWARE Corp), Incentive Stock Option Agreement (KAYAK SOFTWARE Corp)

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