Common use of Delivery of Option Shares Clause in Contracts

Delivery of Option Shares. The Company shall, upon payment in accordance with Section 3(a) above of the aggregate purchase price for the number of shares purchased, make prompt delivery of such shares to the Optionee and pay all original issue and transfer taxes and all other fees and expenses incident to such delivery. All shares delivered upon any exercise of this option shall, when delivered, be (i) duly authorized, validly issued, fully paid and nonassessable, (ii) registered for sale, and for resale, under U.S. state and federal securities laws to the extent that other shares of the same class are then so registered or qualified and (iii) listed, or otherwise qualified, for trading on any securities exchange or securities market on which shares of the same class are then listed or qualified. To the extent that shares are not promptly delivered to the Optionee when due, the Company shall promptly make the Optionee whole for any resulting expense or loss of benefit. The Company shall deliver cash in lieu of any fractional share.

Appears in 4 contracts

Samples: Employment Agreement (Epicept Corp), Employment Agreement (Epicept Corp), Stock Option Agreement (Epicept Corp)

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Delivery of Option Shares. The Company shall, upon payment in accordance with Section 3(a) above of the aggregate purchase price for the number of shares purchased, make prompt delivery of such shares to the Optionee and pay all original issue and transfer taxes and all other fees and expenses incident to such delivery. All shares delivered upon any exercise of this option shall, when delivered, be (i) be duly authorized, validly issued, fully paid and nonassessable, (ii) be registered for sale, and for resale, under U.S. state and federal securities laws to the extent that other shares of the same class are then so registered or qualified and (iii) be listed, or otherwise qualified, for trading on any securities exchange or securities market on which shares of the same class are then listed or qualified. To the extent that shares are not promptly delivered to the Optionee when due, the Company shall promptly make the Optionee whole for any resulting expense or loss of benefit. The Company shall deliver cash in lieu of any fractional share.

Appears in 2 contracts

Samples: Employment Agreement (Corecomm LTD /De/), Employment Agreement (Corecomm LTD /De/)

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Delivery of Option Shares. The Company shall, upon payment in accordance with Section 3(a2(a) above of the aggregate purchase price for the number of shares Shares purchased, make prompt delivery of such shares Shares to the Optionee Grantee and pay all original issue and transfer taxes and all other fees and expenses incident to such delivery. All shares Shares delivered upon any exercise of this option Option shall, when delivered, be (i) be duly authorized, validly issued, fully paid and nonassessable, (ii) be registered for sale, and for resale, under U.S. state and federal securities laws to the extent that other shares of the same class are then so registered or qualified and (iii) be listed, or otherwise qualified, for trading on any securities exchange or securities market on which shares of the same class are then listed or qualified. To the extent that shares Shares are not promptly delivered to the Optionee Grantee when due, the Company shall promptly make the Optionee Grantee whole for any resulting expense or loss of benefit. The Company shall deliver cash in lieu of any fractional shareShare.

Appears in 1 contract

Samples: Notice Non Qualified Stock Option Award (Global Cash Access Holdings, Inc.)

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