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)
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 5 contracts
Samples: Nonqualified Stock Option Agreement (Piedmont Mining Company, Inc.), Nonqualified Stock Option Agreement (Aremissoft Corp /De/), Nonqualified Stock Option Agreement (Aremissoft Corp /De/)
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 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: Stock Option Agreement (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 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: Non Qualified Stock Option Agreement (Solar Power, 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)
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.)
