Common use of COMPANY IS THE SURVIVOR Clause in Contracts

COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination or reorganization in which the Company is the surviving corporation, the Board of Directors shall determine the appropriate adjustment of the number and kind of securities with respect to which outstanding Options may be exercised, and the exercise price at which outstanding Options may be exercised. The Board of Directors shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this Plan.

Appears in 6 contracts

Samples: Employment Agreement (DBS Industries Inc), Employment Agreement (DBS Industries Inc), Employment Agreement (DBS Industries Inc)

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COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination or reorganization in which the Company is the surviving corporation, the Board of Directors shall determine the appropriate adjustment of the number and kind of securities with respect to which outstanding Options may be exercised, and the exercise price at which outstanding Options may be exercised. The Board of Directors shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this PlanAgreement.

Appears in 3 contracts

Samples: Stock Option Agreement (Golden Phoenix Minerals Inc /Mn/), Non Qualified Stock Option Agreement (Remedent, Inc.), Stock Option Agreement (Golden Phoenix Minerals Inc /Mn/)

COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination combination, or reorganization in which the Company is the surviving corporation, the Board of Directors shall determine the appropriate adjustment of the number and kind of securities with respect to which outstanding Options may be exercised, and the exercise price at which outstanding Options may be exercised. The Board of Directors shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this PlanAgreement.

Appears in 2 contracts

Samples: Stock Option Agreement (Dragon Pharmaceuticals Inc), Stock Option Agreement (Dragon Pharmaceuticals Inc)

COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination or reorganization in which the Company is the surviving corporationcorporation (“Survivor Event”), the Board of Directors shall Board, as it was composed before the Survivor Event, will determine the appropriate adjustment of the number and kind of securities with respect to which outstanding Options may be exercised, and the exercise price at which outstanding Options may be exercised. The Board of Directors shall will determine, in its sole and absolute discretion, when the Company shall will be deemed to survive for purposes of this Planthe Option Agreement.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Flux Power Holdings, Inc.)

COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination or reorganization in which the Company is the surviving corporation, the Board of Directors shall will determine the appropriate adjustment of the number and kind of securities with respect to which outstanding Options may be exercised, and the exercise price at which outstanding Options may be exercised. The Board of Directors shall will determine, in its sole and absolute discretion, when the Company shall will be deemed to survive for purposes of this the Plan.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Solar Power, Inc.)

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COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination or reorganization in which the Company is the surviving corporation, the Board of Directors shall determine the appropriate adjustment of the number and kind of securities with respect to which outstanding Options this Option may be exercised, and the exercise price at which outstanding Options this Option may be exercised. The Board of Directors shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this Plan.

Appears in 1 contract

Samples: International Displayworks, Inc

COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination or reorganization in which the Company is the surviving corporation, the Board of Directors shall determine the appropriate adjustment of the number and kind of securities with respect to which outstanding Options may be exercised, and the exercise price at which outstanding Options may be exercised. The Board of Directors ofDirectors shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this PlanAgreement.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Thermogenesis Corp)

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