Common Share Incentive Plans. With respect to the Common Share options (the “Share Options”) granted pursuant to the Common Share-based compensation plans of the Company and its subsidiaries (the “Company Common Share Incentive Plans”), (i) each Stock Option intended to qualify as an “incentive stock option” under Section 422 of the Internal Revenue Code of 1986, as amended (the “Code”), so qualifies, (ii) each grant of a Share Option was duly authorized by all necessary corporate action, including, as applicable, approval by the board of directors of the Company (or a duly constituted and authorized committee thereof) and any required shareholders approval by the necessary number of votes or written consents, and the award agreement governing such grant (if any), to the Company’s knowledge, was duly executed and delivered by each party thereto, (iii) each such grant was made in all material respects in accordance with the terms of the Company Common Share Incentive Plans, and (iv) each such grant was properly accounted for in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“GAAP”) in the financial statements (including the related notes) of the Company.
Appears in 2 contracts
Samples: Underwriting Agreement (BTC Digital Ltd.), Underwriting Agreement (Sacks Parente Golf, Inc.)
Common Share Incentive Plans. With respect to the Common Share options (the “"Share Options”") granted pursuant to the Common Share-based compensation plans of the Company and its subsidiaries (the “"Company Common Share Incentive Plans”"), (i) each Stock Share Option intended to qualify as an “"incentive stock option” " under Section 422 of the Internal Revenue Code of 1986, as amended (the “"Code”"), so qualifies, (ii) each grant of a Share Option was duly authorized by all necessary corporate action, including, as applicable, approval by the board of directors of the Company (or a duly constituted and authorized committee thereof) and any required shareholders approval by the necessary number of votes or written consents, and the award agreement governing such grant (if any), to the Company’s 's knowledge, was duly executed and delivered by each party thereto, (iii) each such grant was made in all material respects in accordance with the terms of the Company Common Share Incentive Plans, and (iv) each such grant was properly accounted for in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“"GAAP”") in the financial statements (including the related notes) of the Company.
Appears in 2 contracts
Samples: At the Market Issuance Sales Agreement (Flora Growth Corp.), Underwriting Agreement (Flora Growth Corp.)