Common use of Conditions Upon Issuance of Shares Clause in Contracts

Conditions Upon Issuance of Shares. Shares of Common Stock or other securities shall not be issued pursuant to the exercise of the Option and the Optionee shall not exercise the Option unless the exercise of the Option and the issuance and delivery of the shares pursuant thereto shall comply with all relevant provisions of law, including, without limitation, the Securities Act of 1933, as amended, the Exchange Act, the rules and regulations promulgated thereunder, and the requirements of any stock exchange upon which the shares may then be listed, and shall be further subject to the approval of counsel for the Company with respect to such compliance. As a condition to the exercise of the Option, the Company may require the Optionee to represent and warrant at the time of any such exercise that the shares are being purchased only for investment and without any present intention to sell or distribute such shares if, in the opinion of counsel for the Company, such a representation is required by any of the aforementioned relevant provisions of law.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Heartsoft Inc), Non Qualified Stock Option Agreement (Heartsoft Inc), Non Qualified Stock Option Agreement (Heartsoft Inc)

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Conditions Upon Issuance of Shares. Shares of Common Stock or other securities shall not be issued pursuant with ---------------------------------- respect to the exercise of the Option and the Optionee shall not exercise the Option an option unless the exercise of the Option such option and the issuance and delivery of the such shares pursuant thereto shall comply with all relevant applicable provisions of law, domestic or foreign, including, without limitation, the Securities Act of 1933, as amended, the Securities Exchange ActAct of 1934, as amended, the rules and regulations promulgated thereunder, and the requirements of any stock exchange upon which the shares may then be listed, and shall be further subject to the approval of counsel for the Company with respect to such compliance. As a condition to the exercise of the Optionan option, the Company may require the Optionee person exercising such option to represent and warrant at the time of any such exercise that the shares are being purchased only for investment and without any present intention to sell or distribute such shares if, in the opinion of counsel for the Company, such a representation is required by any of the aforementioned relevant applicable provisions of law.

Appears in 1 contract

Samples: Indemnification Agreement (Looksmart LTD)

Conditions Upon Issuance of Shares. Shares of Common Stock or other securities shall not be issued pursuant to the exercise of the Option and the Optionee shall not exercise the an Option unless the exercise of the such Option and an the issuance and delivery of the shares such Shares pursuant thereto shall comply with all relevant provisions of law, including, without limitation, the Securities Act of 1933, as amended, the Exchange Act, the rules and regulations promulgated thereunder, state securities laws, and the requirements of any stock exchange upon which the shares Shares may then be listed, and shall be further subject to the approval of counsel for the Company with respect to such compliance. As a condition to the exercise of the an Option, the Company may require the Optionee person exercising such Option to represent and warrant at the time of any such exercise that the shares Shares are being purchased purchases only for investment and without any present intention to sell or distribute such shares Shares, if, in the opinion of counsel for the Company, such a representation is required by any of the aforementioned relevant provisions of law.

Appears in 1 contract

Samples: Vital Images Inc

Conditions Upon Issuance of Shares. Shares of Common Stock or other securities shall not be issued pursuant ---------------------------------- to the exercise of the Option and the Optionee shall not exercise the an Option unless the exercise of the such Option and the issuance and delivery of the shares such Shares pursuant thereto shall comply with all relevant provisions of law, including, without limitation, the Securities Act of 1933, as amended, the Exchange Act, the rules and regulations promulgated thereunder, and the requirements of any stock exchange upon which the shares Shares may then be listed, and shall be further subject to the approval of counsel for the Company with respect to such compliance. As a condition to the exercise of the an Option, the Company may require the Optionee person exercising such Option to represent and warrant at the time of any such exercise that the shares Shares are being purchased only for investment and without any present intention to sell or distribute such shares Shares if, in the opinion of counsel for the Company, such a representation is required by any of the aforementioned relevant provisions of law.

Appears in 1 contract

Samples: Stock Option Agreement (Seagate Software Information Management Group Holdings Inc)

Conditions Upon Issuance of Shares. Shares of Common Stock or other securities shall not be issued pursuant with respect to the exercise of the Option and the Optionee shall not exercise the Option an option unless the exercise of the Option such option and the issuance and delivery of the such shares pursuant thereto shall comply with all relevant applicable provisions of law, domestic or foreign, including, without limitation, the Securities Act of 1933, as amended, the Securities Exchange ActAct of 1934, as amended, the rules and regulations promulgated thereunder, and the requirements of any stock exchange upon which the shares may then be listed, and shall be further subject to the approval of counsel for the Company with respect to such compliance. As a condition to the exercise of the Optionan option, the Company may require the Optionee person exercising such option to represent and warrant at the time of any such exercise that the shares are being purchased only for investment and without any present intention to sell or distribute such shares if, in the opinion of counsel for the Company, such a representation is required by any of the aforementioned relevant applicable provisions of law.

Appears in 1 contract

Samples: Biomimetic Therapeutics, Inc.

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Conditions Upon Issuance of Shares. Shares of Common Stock or other securities shall not be issued pursuant to the exercise of the Option and the Optionee shall not exercise the an Option unless the exercise of the such Option and the issuance and delivery of the shares such Shares pursuant thereto shall comply with all relevant provisions of law, including, without limitation, the Securities Act of 1933, as amended, the Securities Exchange ActAct of 1934, as amended, the rules and regulations promulgated thereunder, and the requirements of any stock exchange upon which the shares Shares may then be listed, and shall be further subject to the approval of counsel for the Company with respect to such compliance. As a condition to the exercise of the an Option, the Company may require the Optionee Employee to represent and warrant at the time of any such exercise that the shares Shares are being purchased only for investment and without any present intention to sell or distribute such shares Shares if, in the opinion of counsel for the Company, such a representation is required by any of the aforementioned relevant provisions of law.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (PTC Bancorp)

Conditions Upon Issuance of Shares. Shares of Common Stock or other securities shall not be issued pursuant to the exercise of the Option and the Optionee shall not exercise the an Option unless the exercise of the such Option and the issuance and delivery of the shares such Shares pursuant thereto shall comply complies with all relevant provisions of law, including, without limitation, the Securities Act of 1933, as amended, the Exchange Act, the rules and regulations promulgated thereunder, and the requirements of any stock exchange upon which the shares Shares may then be listed, . The exercise of such Option and shall the issuance and delivery of such Shares pursuant thereto may be further subject to the approval of counsel for the Company with respect to such compliance, if requested by the Compensation Committee. As a condition to the exercise of the an Option, the Company may require the Optionee person exercising such Option to represent and warrant at the time of any such exercise that the shares Shares are being purchased only for investment and without any present intention to sell or distribute such shares Shares if, in the opinion of counsel for the Company, such a representation is required by any of the aforementioned relevant provisions of law.

Appears in 1 contract

Samples: Stock Option Agreement (Avax Technologies Inc)

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