Common use of Company’s Right to Repurchase Shares Clause in Contracts

Company’s Right to Repurchase Shares. Upon Termination of Employment, the Company shall have the option to repurchase all (but not less than all) of the shares of stock which have been purchased by the Employee pursuant to exercise of the Option and which the Employee then holds. The repurchase price payable by the Company if it exercises its repurchase option shall be the greater of the purchase price of the shares pursuant to Section 2.2 or the fair market value of the shares of stock on the date of repurchase, determined in accordance with Section 4.2 of the Plan, except that if at the date of such repurchase, the Company's common stock is not publicly traded, the fair market value of the shares of stock shall be determined for purposes of this Section 5.10 on the basis of the following formula: eight (8) times the Company's pre-tax earnings for the Company's most recently audited fiscal year divided by the number of outstanding shares of the Company's common stock (including shares issuable upon the conversion of outstanding shares of preferred stock) on the date of repurchase. The Company's repurchase option shall be exercisable by giving written notice to the Employee within thirty (30) calendar days after the Termination of Employment provided, however, that in the event that the Optionee exercises the -------- ------- Option after the Optionee's Termination of Employment but prior to the expiration of the Option pursuant to the provisions of Section 3.3, the Company's repurchase option shall be exercisable by giving written notice within thirty (30) calendar days after the exercise of the Option by the Optionee. In the event that the Company exercises its option to repurchase shares of stock from the Optionee pursuant to this Section 5.10, Optionee's shares of stock shall automatically be cancelled, and Optionee shall have no further right, claim or title to such shares, other than the right to receive the repurchase price provided for in this Section 5.10. Upon receipt of a general release and the stock certificates representing the shares, the Company shall forward payment for such shares.

Company’s Right to Repurchase Shares. Upon Termination of EmploymentBusiness Relationship, the Company shall have the option to repurchase all (but not less than all) of the shares of stock which have been purchased by the Employee Optionee pursuant to exercise of the Option and which the Employee Optionee then holds. The repurchase price payable by the Company if it exercises its repurchase option shall be the greater of the purchase price of the shares pursuant to Section 2.2 or the fair market value of the shares of stock on the date of repurchase, determined in accordance with Section 4.2 of the Plan, except that if at the date of such repurchase, the Company's common stock is not publicly traded, the fair market value of the shares of stock shall be determined for purposes of this Section 5.10 5.9 on the basis of the following formula: eight (8) times the Company's pre-tax earnings for the Company's most recently audited fiscal year divided by the number of outstanding shares of the Company's common stock (including shares issuable upon the conversion of outstanding shares of preferred stock) on the date of repurchase. The Company's repurchase option shall be exercisable by giving written notice to the Employee Optionee within thirty (30) calendar days after the Termination of Employment Business Relationship provided, however, that in the event that the Optionee -------- ------- exercises the -------- ------- Option after the Optionee's Termination of Employment Business Relationship but prior to the expiration of the Option pursuant to the provisions of Section 3.3, the Company's repurchase option shall be exercisable by giving written notice within thirty (30) calendar days after the exercise of the Option by the Optionee. In the event that the Company exercises its option to repurchase shares of stock from the Optionee pursuant to this Section 5.105.9, Optionee's shares of stock shall automatically be cancelled, and the Optionee shall have sign a general release acknowledging that the Optionee has no further right, claim or title to such shares, other than the right to receive the repurchase price provided for in this Section 5.10. Upon receipt of a such general release and the stock certificates representing the shares, the Company shall forward payment for such shares.

Company’s Right to Repurchase Shares. Upon Termination of EmploymentBusiness Relationship, the Company shall have the option to repurchase all (but not less than all) of the shares of stock which have been purchased by the Employee Optionee pursuant to exercise of the Option and which the Employee Optionee then holds. The repurchase price payable by the Company if it exercises its repurchase option shall be the greater of the purchase price of the shares pursuant to Section 2.2 or the fair market value of the shares of stock on the date of repurchase, determined in accordance with Section 4.2 1.18 of the Plan, except that if at the date of such repurchase, the Company's common stock is not publicly traded, the fair market value of the shares of stock shall be determined for purposes of this Section 5.10 5.9 on the basis of the following formula: eight (8) times the Company's pre-tax earnings for the Company's most recently audited fiscal year divided by the number of outstanding shares of the Company's common stock (including shares issuable upon the conversion of outstanding shares of preferred stock) on the date of repurchase. The Company's repurchase option shall be exercisable by giving written notice to the Employee Optionee within thirty (30) calendar days after the Termination of Employment Business Relationship provided, however, that in the event that the Optionee exercises the -------- ------- Option after the Optionee's Termination of Employment Business Relationship but prior to the expiration of the Option pursuant to the provisions of Section 3.3, the Company's repurchase option shall be exercisable by giving written notice within thirty (30) calendar days after the exercise of the Option by the Optionee. In the event that the Company exercises its option to repurchase shares of stock from the Optionee pursuant to this Section 5.105.9, Optionee's shares of stock shall automatically be cancelled, and the Optionee shall have sign a general release acknowledging that the Optionee has no further right, claim or title to such shares, other than the right to receive the repurchase price provided for in this Section 5.10. Upon receipt of a such general release and the stock certificates representing the shares, the Company shall forward payment for such shares.

Company’s Right to Repurchase Shares. Upon Termination of Employment(a) If an Optionee ceases to serve as an Employee for any reason, the Company shall have the option right to repurchase any or all of the Shares purchased by Optionee hereunder, at a price to be determined as set forth below. Such right on the part of the Company shall commence upon the last day of such Optionee's Continuous Status as an Employee (but not less than allthe "Termination Date") and shall expire on the 90th calendar day after the Termination Date (or in the case of Common Stock issued upon exercise of Options EXHIBIT 10.122 (CONTINUED) after the Termination Date, within 90 calendar days after the date of exercise). (b) The repurchase price shall be determined as follows: If an Optionee ceases to serve as an Employee for any reason during the five (5) year period following the date of grant, the repurchase price shall equal the exercise price of the Option times the number of Shares to be repurchased, provided that the right to repurchase at the exercise price lapses at the rate of twenty percent (20%) of the shares of stock Shares per year over such five (5) year period (without respect to the date the Option was exercised or became exercisable). For Shares for which have been purchased by the Employee right to repurchase at the exercise price pursuant to exercise the foregoing sentence has lapsed or if the termination of employment occurs after the fifth anniversary of the Option and which date of grant, the Employee then holdsrepurchase price shall equal 100% of the Fair Market Value of the Shares to be repurchased on the Termination Date. The repurchase price payable may be paid by the Company if it exercises its repurchase option shall be the greater by cash, check, evidence of the purchase price cancellation of the shares pursuant indebtedness of Optionee to Section 2.2 or the fair market value of the shares of stock on the date of repurchase, determined in accordance with Section 4.2 of the Plan, except that if at the date of such repurchase, the Company's common stock is not publicly traded, the fair market value of the shares of stock shall be determined for purposes of this Section 5.10 on the basis of the following formula: eight (8) times the Company's pre-tax earnings for the Company's most recently audited fiscal year divided by the number of outstanding shares of the Company's common stock (including shares issuable upon the conversion of outstanding shares of preferred stock) on the date of repurchase. The Company's repurchase option shall be exercisable by giving written notice to the Employee within thirty (30) calendar days after the Termination of Employment providedor some combination thereof, however, that in the event that the Optionee exercises the -------- ------- Option after the Optionee's Termination of Employment but prior to the expiration of the Option pursuant to the provisions of Section 3.3, the Company's repurchase option shall be exercisable by giving written notice within thirty (30) calendar days after the exercise of the Option by the Optionee. In the event that as the Company exercises acting in its option to repurchase shares of stock from the Optionee pursuant to this Section 5.10, Optionee's shares of stock shall automatically be cancelled, and Optionee shall have no further right, claim or title to such shares, other than the right to receive the repurchase price provided for in this Section 5.10. Upon receipt of a general release and the stock certificates representing the shares, the Company shall forward payment for such sharessole discretion may determine.

Company’s Right to Repurchase Shares. Upon Termination of Employment(a) If an Optionee ceases to serve as an Employee for any reason, the Company shall have the option right to repurchase any or all of the Shares purchased by Optionee hereunder, at a price to be determined as set forth below. Such right on the part of the Company shall commence upon the last day of such Optionee's Continuous Status as an Employee (but not less than allthe "Termination Date") and shall expire on the 90th calendar day after the Termination Date (or in the case of Common Stock issued upon exercise of Options after the Termination Date, within 90 calendar days after the date of exercise). EXHIBIT 10.123 (CONTINUED) (b) The repurchase price shall be determined as follows: If an Optionee ceases to serve as an Employee for any reason during the five (5) year period following the date of grant, the repurchase price shall equal the exercise price of the Option times the number of Shares to be repurchased, provided that the right to repurchase at the exercise price lapses at the rate of twenty percent (20%) of the shares of stock Shares per year over such five (5) year period (without respect to the date the Option was exercised or became exercisable). For Shares for which have been purchased by the Employee right to repurchase at the exercise price pursuant to exercise the foregoing sentence has lapsed or if the termination of employment occurs after the fifth anniversary of the Option and which date of grant, the Employee then holdsrepurchase price shall equal 100% of the Fair Market Value of the Shares to be repurchased on the Termination Date. The repurchase price payable may be paid by the Company if it exercises its repurchase option shall be the greater by cash, check, evidence of the purchase price cancellation of the shares pursuant indebtedness of Optionee to Section 2.2 or the fair market value of the shares of stock on the date of repurchase, determined in accordance with Section 4.2 of the Plan, except that if at the date of such repurchase, the Company's common stock is not publicly traded, the fair market value of the shares of stock shall be determined for purposes of this Section 5.10 on the basis of the following formula: eight (8) times the Company's pre-tax earnings for the Company's most recently audited fiscal year divided by the number of outstanding shares of the Company's common stock (including shares issuable upon the conversion of outstanding shares of preferred stock) on the date of repurchase. The Company's repurchase option shall be exercisable by giving written notice to the Employee within thirty (30) calendar days after the Termination of Employment providedor some combination thereof, however, that in the event that the Optionee exercises the -------- ------- Option after the Optionee's Termination of Employment but prior to the expiration of the Option pursuant to the provisions of Section 3.3, the Company's repurchase option shall be exercisable by giving written notice within thirty (30) calendar days after the exercise of the Option by the Optionee. In the event that as the Company exercises acting in its option to repurchase shares of stock from the Optionee pursuant to this Section 5.10, Optionee's shares of stock shall automatically be cancelled, and Optionee shall have no further right, claim or title to such shares, other than the right to receive the repurchase price provided for in this Section 5.10. Upon receipt of a general release and the stock certificates representing the shares, the Company shall forward payment for such sharessole discretion may determine.

Company’s Right to Repurchase Shares. Upon Termination of Employment, the Company shall have the option to repurchase all (but not less than all) of the shares of stock which have been purchased by the Employee pursuant to exercise of the Option and which the Employee then holds. The repurchase price payable by the Company if it exercises its repurchase option shall be the greater of the purchase price of the shares pursuant to Section 2.2 or the fair market value of the shares of stock on the date of repurchase, determined in accordance with Section 4.2 1.18 of the Plan, except that if at the date of such repurchase, the Company's common stock is not publicly traded, the fair market value of the shares of stock shall be determined for purposes of this Section 5.10 on the basis of the following formula: eight (8) times the Company's pre-tax earnings for the Company's most recently audited fiscal year divided by the number of outstanding shares of the Company's common stock (including shares issuable upon the conversion of outstanding shares of preferred stock) on the date of repurchase. The Company's repurchase option shall be exercisable by giving written notice to the Employee within thirty (30) calendar days after the Termination of Employment provided, however, that in the event that the Optionee exercises the -------- ------- Option after the Optionee's Termination of Employment but prior to the expiration of the Option pursuant to the provisions of Section 3.3, the Company's repurchase option shall be exercisable by giving written notice within thirty (30) calendar days after the exercise of the Option by the Optionee. In the event that the Company exercises its option to repurchase shares of stock from the Optionee pursuant to this Section 5.10, Optionee's shares of stock shall automatically be cancelledcanceled, and Optionee shall have no further right, claim or title to such shares, other than the right to receive the repurchase price provided for in this Section 5.10. Upon receipt of a general release and the stock certificates representing the shares, the Company shall forward payment for such shares.

Company’s Right to Repurchase Shares. Upon Termination of Employment(a) If an Optionee ceases to serve as an Employee for any reason, the Company shall have the option right to repurchase any or all of the Shares purchased by Optionee hereunder, at a price to be determined as set forth below. Such right on the part of the Company shall commence upon the last day of such Optionee's Continuous Status as an Employee (but not less than allthe "Termination Date") and EXHIBIT 10.121 (CONTINUED) shall expire on the 90th calendar day after the Termination Date (or in the case of Common Stock issued upon exercise of Options after the Termination Date, within 90 calendar days after the date of exercise). (b) The repurchase price shall be determined as follows: If an Optionee ceases to serve as an Employee for any reason during the five (5) year period following the date of grant, the repurchase price shall equal the exercise price of the Option times the number of Shares to be repurchased, provided that the right to repurchase at the exercise price lapses at the rate of twenty percent (20%) of the shares of stock Shares per year over such five (5) year period (without respect to the date the Option was exercised or became exercisable). For Shares for which have been purchased by the Employee right to repurchase at the exercise price pursuant to exercise the foregoing sentence has lapsed or if the termination of employment occurs after the fifth anniversary of the Option and which date of grant, the Employee then holdsrepurchase price shall equal 100% of the Fair Market Value of the Shares to be repurchased on the Termination Date. The repurchase price payable may be paid by the Company if it exercises its repurchase option shall be the greater by cash, check, evidence of the purchase price cancellation of the shares pursuant indebtedness of Optionee to Section 2.2 or the fair market value of the shares of stock on the date of repurchase, determined in accordance with Section 4.2 of the Plan, except that if at the date of such repurchase, the Company's common stock is not publicly traded, the fair market value of the shares of stock shall be determined for purposes of this Section 5.10 on the basis of the following formula: eight (8) times the Company's pre-tax earnings for the Company's most recently audited fiscal year divided by the number of outstanding shares of the Company's common stock (including shares issuable upon the conversion of outstanding shares of preferred stock) on the date of repurchase. The Company's repurchase option shall be exercisable by giving written notice to the Employee within thirty (30) calendar days after the Termination of Employment providedor some combination thereof, however, that in the event that the Optionee exercises the -------- ------- Option after the Optionee's Termination of Employment but prior to the expiration of the Option pursuant to the provisions of Section 3.3, the Company's repurchase option shall be exercisable by giving written notice within thirty (30) calendar days after the exercise of the Option by the Optionee. In the event that as the Company exercises acting in its option to repurchase shares of stock from the Optionee pursuant to this Section 5.10, Optionee's shares of stock shall automatically be cancelled, and Optionee shall have no further right, claim or title to such shares, other than the right to receive the repurchase price provided for in this Section 5.10. Upon receipt of a general release and the stock certificates representing the shares, the Company shall forward payment for such sharessole discretion may determine.