Company Stock Rights. (a) At the election of the Company made within thirty (30) days following the Executive's termination of employment with the Company, the Company may request the surrender of options or appreciation rights issued to Executive under any stock option and appreciation rights plan or program maintained by, or covering employees of, the Company or the Bank, in exchange for which the Company agrees to pay a lump sum payment in an amount equal to the product of:
Company Stock Rights. At the Effective Time, each Company Warrant and each other Company Stock Right, if not exercised prior thereto, shall be terminated by virtue of the Merger without any action on the part of the holder thereof.
Company Stock Rights. Article X Company Stockholders.............................
Company Stock Rights. Prior to the Effective Time, the Company shall use its best efforts to procure the surrender as of the Effective Time of all outstanding options to purchase shares of Common Stock of the Company (the "Options") pursuant to the CIMCO, Inc. 1988 Incentive Stock Option Plan and the CIMCO, Inc. 1991 Incentive Stock Option Plan (collectively, the "Stock Option Plans"), in consideration of the payment at the Effective Time of an amount of cash per share subject to each such Option equal to the difference between the exercise price of such Option and the Merger Consideration, less an amount equal to all taxes required to be withheld from such payment. As to any Option not so surrendered, the Company shall use its best efforts to obtain, prior to the Effective Time, the consent of the holder of the Option to acquire upon payment of the exercise price an amount of cash equal to the Merger Consideration, less an amount equal to all taxes required to be withheld from such payment, in lieu of each Share formerly covered thereby.
Company Stock Rights. The Company shall take all action necessary to ensure that all Company Stock Rights (including all Options, but excluding the conversion rights under the Convertible Debt issued to Small and Medium Business Corporation) are terminated prior to the Closing.
Company Stock Rights. All Company Stock Rights (including all Options but excluding the conversion rights under the Convertible Debt owed to Small and Medium Business Corporation) shall have been terminated, including without limitation by providing to Parent the agreements described in Section 5.9.
Company Stock Rights. Except as otherwise provided herein, the Company shall not purchase, redeem, cancel, terminate, amend or otherwise change in any respect any Company Stock Rights that exist on the date hereof.
Company Stock Rights. (a) With respect to options to purchase shares of Common Stock of the Company (the "Options") outstanding pursuant to the Grifxxx Xxxhnology Incorporated 1988 Stock Option Plan (the "Stock Option Plan"), the Board (or if appropriate, any committee administering the Stock Option Plan) shall, as soon as practicable after the date hereof, adopt such resolutions or take such other actions as may be required to provide that each outstanding Option shall be accelerated so as to be fully exercisable prior to the Effective Time, subject to the condition that the holder of each such Option shall surrender all of such holder's outstanding and unexercised Options (whether or not presently exercisable) in consideration of the payment at the Effective Time of an amount of cash per share subject to each such Option equal to the difference between the exercise price of such Option and the Merger Consideration. Prior to the Effective Time, the Company shall use its best efforts to procure the surrender of all outstanding Options. As to any Option not so surrendered, the Company shall use its best efforts to obtain, prior to the Effective Time, the consent of the holder of the Option to acquire upon payment of the exercise price an amount of cash equal to the Merger Consideration in lieu of each Share formerly covered thereby.
Company Stock Rights. Buyer shall not assume any Company Stock Rights. If not exercised or otherwise terminated on or prior to the Closing Date, at the Closing, each outstanding and unexercised Company Stock Right shall be cancelled in exchange for the right of the Optionholders to receive payment in the amounts set forth on the Certified Capitalization Table under the heading “Closing Amount”. Concurrent with the execution and delivery of this Agreement and as a material inducement to Buyer to enter into this Agreement, each Optionholder agrees to execute an Option Cancellation Agreement.
Company Stock Rights. At the Effective Time, by virtue of the Merger and without any action on the part of Parent, Merger Sub, the Company or the holders of Company Stock Rights, the following will occur:
