Common use of Covenant Regarding 83(b) Election Clause in Contracts

Covenant Regarding 83(b) Election. Except as the Company may otherwise agree in writing, the Management Stockholder hereby covenants and agrees that he will make an election provided pursuant to Treasury Regulation 1.83-2 with respect to the Stock, including without limitation, the Stock to be acquired pursuant to Section 1(a) and the Stock to be acquired upon each exercise of the Management Stockholder's Stock Options; and Management Stockholder further covenants and agrees that he will furnish the Company with copies of the forms of election the Management Stockholder files within 30 calendar days after the date hereof, and within 30 calendar days after each exercise of Management Stockholder's Stock Options and with evidence that each such election has been filed in a timely manner.

Appears in 3 contracts

Samples: Management Stockholder's Agreement (Rockwood Specialties Group Inc), S Agreement (Rockwood Specialties Group Inc), Management Stockholder's Agreement (Rockwood Holdings, Inc.)

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Covenant Regarding 83(b) Election. Except as the Company may otherwise agree in writing, the Management Stockholder hereby covenants and agrees that he the Management Stockholder will make an election provided pursuant to Treasury Regulation Section 1.83-2 in the form attached as Schedule II hereto with respect to the Stock, including without limitation, the Purchased Stock to be acquired pursuant to Section 1(a) and the Option Stock to be acquired upon each on exercise of the Management Stockholder's Stock any Options; and the Management Stockholder further covenants and agrees that he or she will furnish the Company with copies of the forms of election the Management Stockholder files within 30 calendar thirty (30) days after the date hereofof purchase of the Purchased Stock, and within 30 calendar thirty (30) days after each exercise of the Management Stockholder's Stock ’s Options and with evidence that each such election has been filed in a timely manner.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement (Great North Imports, LLC)

Covenant Regarding 83(b) Election. Except as the Company may otherwise agree in writingwriting or upon the expiration of certain provisions pursuant to Section 15(a) herein, the Management Stockholder hereby covenants and agrees that he will make an election provided pursuant to Treasury Regulation 1.83-2 with respect to the Stock, including without limitation, the Stock to be acquired pursuant to Section 1(a) and the Common Stock to be acquired upon each exercise of the Management Stockholder's Stock Non-Qualified Options; and Management Stockholder further covenants and agrees that he will furnish the Company with copies of the forms of election the Management Stockholder files within 30 calendar days after the date hereof, and within 30 calendar days after each exercise of Management Stockholder's Stock Non-Qualified Options and with evidence that each such election has been filed in a timely manner.

Appears in 2 contracts

Samples: S Agreement (Medcath Corp), S Agreement (Medcath Corp)

Covenant Regarding 83(b) Election. Except as the Company may otherwise agree in writing, the Management Stockholder hereby covenants and agrees that he will make an election provided pursuant to Treasury Regulation 1.83-2 with respect to the Stock, including without limitation, the Stock to be acquired pursuant to Section 1(a) and the Stock to be acquired upon each exercise of the Management Stockholder's Stock Options; and Management Stockholder further covenants and agrees that he will furnish the Company with copies of the forms of election the Management Stockholder files within 30 calendar days after the date hereof, and within 30 calendar days after each exercise of Management Stockholder's Stock Options and with evidence that each such election has been filed in a timely manner.

Appears in 2 contracts

Samples: Management Stockholder's Agreement (Rockwood Holdings, Inc.), 'S Agreement (Rockwood Specialties Group Inc)

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Covenant Regarding 83(b) Election. Except as set forth in the Restricted Stock Agreement or as the Company may otherwise agree in writing, the Management Stockholder hereby covenants and agrees that he will make an election provided pursuant to Treasury Regulation 1.83-2 with respect to the Stock, including without limitation, the Stock to be acquired pursuant to Section 1(a) and the Stock to be acquired upon each exercise of the Management Stockholder's Stock Options’s Options and any grant of restricted Stock; and Management Stockholder further covenants and agrees that he will furnish the Company with copies of the forms of election the Management Stockholder files within 30 calendar days after the date hereof, and within 30 calendar days after each exercise of Management Stockholder's Stock ’s Options and with evidence that each such election has been filed in a timely manner.

Appears in 1 contract

Samples: Management Stockholder’s Agreement (Sealy Corp)

Covenant Regarding 83(b) Election. Except as the Company may otherwise agree in writing, the Management Stockholder hereby covenants and agrees that he will make an election provided pursuant to Treasury Regulation 1.83-2 with respect to the Stock, including without limitation, the Stock to be acquired pursuant to Section 1(a) and ), the Stock to be acquired upon each exercise of the Management Stockholder's Stock Options’s Options and any grant of restricted Stock; and Management Stockholder further covenants and agrees that he will furnish the Company with copies of the forms of election the Management Stockholder files within 30 calendar days after the date hereof, and within 30 calendar days after each exercise of Management Stockholder's Stock ’s Options and with evidence that each such election has been filed in a timely manner.

Appears in 1 contract

Samples: Management Stockholder’s Agreement (ITC Holdings Corp.)

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