Common use of Early Termination of Unvested Share Repurchase Option Clause in Contracts

Early Termination of Unvested Share Repurchase Option. The other provisions of Section 2 notwithstanding, upon any Transfer of Control (as defined below), the Unvested Share Repurchase Option shall terminate as of a date prior to the Transfer of Control, as the Board so determines, or if no such determination is made, two days prior to the closing of the transaction involving the Transfer of Control. Any such termination that was permissible solely by reason of this subsection 2(d) shall be conditioned upon the consummation of the Transfer of Control. For purposes of this subsection 2(d), a Transfer of Control shall be deemed to have occurred upon any of the following events: (i) the direct or indirect sale or exchange by the shareholders of the Company of all or substantially all of the stock of the Company where the shareholders of the Company before such sale or exchange do not retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the Company; (ii) a merger in which the shareholders of the Company before the merger do not retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the Company; or (iii) the sale, exchange, or transfer of all or substantially all of the Company's assets (other than a sale, exchange, or transfer to one or more corporations where the shareholders of the Company before such sale, exchange, or transfer retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the corporation(s) to which the assets were transferred).

Early Termination of Unvested Share Repurchase Option. The other ----------------------------------------------------- provisions of Section 2 notwithstanding, upon any Transfer of Control (as defined below), the Unvested Share Repurchase Option shall terminate as of a date prior to the Transfer of Control, as the Board so determines, or if no such determination is made, two days prior to the closing of the transaction involving the Transfer of Control. Any such termination that was permissible solely by reason of this subsection 2(d) 2.4 shall be conditioned upon the consummation of the Transfer of Control. For purposes of this subsection 2(d)2.4, a Transfer of Control shall be deemed to have occurred upon any of the following events: (i) the direct or indirect sale or exchange by the shareholders of the Company of all or substantially all of the stock of the Company where the shareholders of the Company before such sale or exchange do not retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the Company; (ii) a merger in which the shareholders of the Company before the merger do not retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the Company; or (iii) the sale, exchange, or transfer of all or substantially all of the Company's assets (other than a sale, exchange, or transfer to one or more corporations where the shareholders of the Company before such sale, exchange, or transfer retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the corporation(s) to which the assets were transferred).

Early Termination of Unvested Share Repurchase Option. The other ----------------------------------------------------- provisions of Section 2 notwithstanding, upon any Transfer of Control (as defined below), the Unvested Share Repurchase Option shall terminate as of a date prior to the Transfer of Control, as the Board so determines, or if no such determination is made, two days prior to the closing of the transaction involving the Transfer of Control. Any such termination that was permissible solely by reason of this subsection 2(d) shall be conditioned upon the consummation of the Transfer of Control. For purposes of this subsection 2(d), a Transfer of Control shall be deemed to have occurred upon any of the following events: (i) the direct or indirect sale or exchange by the shareholders of the Company of all or substantially all of the stock of the Company where the shareholders of the Company before such sale or exchange do not retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the Company; (ii) a merger in which the shareholders of the Company before the merger do not retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the Company; or (iii) the sale, exchange, or transfer of all or substantially all of the Company's assets (other than a sale, exchange, or transfer to one or more corporations where the shareholders of the Company before such sale, exchange, or transfer retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the corporation(s) to which the assets were transferred).

Early Termination of Unvested Share Repurchase Option. The other provisions of Section 2 notwithstanding, upon any Transfer of Control (as defined below), the Unvested Share Repurchase Option shall terminate as of a date prior to the Transfer of Control, as the Board so determines, or if no such determination is made, two days prior to the closing of the transaction involving the Transfer of Control. Any such termination that was permissible solely by reason of this subsection 2(d) shall be conditioned upon the consummation of the Transfer of Control. For purposes of this subsection 2(d), a Transfer of or Control shall be deemed to have occurred upon any of the following events: (i) the direct or indirect sale or exchange by the shareholders of the Company of all or substantially all of the stock of the Company where the shareholders of the Company before such sale or exchange do not retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the Company; (ii) a merger in which the shareholders of the Company before the merger do not retain, directly or indirectly, at least lease a majority of the beneficial interest in the voting stock of the Company; or (iii) the sale, exchange, or transfer of all or substantially all of the Company's assets (other than a sale, exchange, or transfer to one or more corporations where the shareholders of the Company before such sale, exchange, or transfer retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the corporation(s) to which the assets were transferred).

Early Termination of Unvested Share Repurchase Option. The other ----------------------------------------------------- provisions of Section 2 notwithstanding, upon any Transfer of Control (as defined below), the Unvested Share Repurchase Option shall terminate as of a date prior to the Transfer of Control, as the Board so determinesdetermines pursuant to the definition below, or if no such determination is made, two days prior to the closing of the transaction involving the Transfer of Control. Any such termination that was permissible solely by reason of this subsection 2(d) 2.4 shall be conditioned upon the consummation of the Transfer of Control. For purposes of this subsection 2(d)2.4, a Transfer of Control shall be deemed to have occurred upon any of the following events: (i) the direct or indirect sale or exchange by the shareholders of the Company of all or substantially all of the stock of the Company where the shareholders of the Company before such sale or exchange do not retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the Company; (ii) a merger in which the shareholders of the Company before the merger do not retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the Company; or (iii) the sale, exchange, or transfer of all or substantially all of the Company's assets (other than a sale, exchange, or transfer to one or more corporations where the shareholders of the Company before such sale, exchange, or transfer retain, directly or indirectly, at least a majority of the beneficial interest in the voting stock of the corporation(s) to which the assets were transferred).