Common use of Effect of Certain Transactions Clause in Contracts

Effect of Certain Transactions. Subject to Section 9, in the event of (a) the liquidation or dissolution of the Company or (b) a merger or consolidation of the Company (a “Transaction”), the Option shall continue in effect in accordance with its terms, except that following the Transaction either (i) each outstanding Option shall be treated as provided for in the plan of liquidation or dissolution adopted, or the agreement entered into, in connection with the Transaction or (ii) if not so provided in such plan or agreement, the Optionee shall be entitled to receive in respect of each share of Common Stock subject to the Option, upon exercise of the Option, the same number and kind of stock, securities, cash, property or other consideration that each holder of a share of Common Stock was entitled to receive in the Transaction in respect of a share of Common Stock; provided, however, that such stock, securities, cash, property, or other consideration shall remain subject to all of the conditions, restrictions and performance criteria which were applicable to the Option prior to such Transaction.

Appears in 26 contracts

Samples: Stock Option Agreement (Deltek, Inc), Stock Option Agreement (Deltek, Inc), Stock Option Agreement (Deltek, Inc)

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Effect of Certain Transactions. Subject to Section 98, in the event of (a) the liquidation or dissolution of the Company or (b) a merger or consolidation of the Company (a “Transaction”), the Option shall continue in effect in accordance with its terms, except that following the Transaction either (i) each outstanding Option shall be treated as provided for in the plan of liquidation or dissolution adopted, or the agreement entered into, in connection with the Transaction or (ii) if not so provided in such plan or agreement, the Optionee shall be entitled to receive in respect of each share of Common Stock subject to the Option, upon exercise of the Option, the same number and kind of stock, securities, cash, property or other consideration that each holder of a share of Common Stock was entitled to receive in the Transaction in respect of a share of Common Stock; provided, however, that such stock, securities, cash, property, or other consideration shall remain subject to all of the conditions, restrictions and performance criteria which were applicable to the Option prior to such Transaction.

Appears in 2 contracts

Samples: Stock Option Agreement (Deltek, Inc), Stock Option Agreement (Deltek, Inc)

Effect of Certain Transactions. Subject to Section 9, in the event of (a) the liquidation or dissolution of the Company or (b) a merger or consolidation of the Company (a “Transaction”), the Option shall continue in effect in accordance with its terms, except that following the Transaction either (i) each outstanding Option shall be treated as provided for in the plan of liquidation or dissolution adopted, or the agreement entered into, in connection with the Transaction or (ii) if not so provided in such plan or agreement, the Optionee shall be entitled to receive in respect of each share of Common Stock Share subject to the Option, upon exercise of the Option, the same number and kind of stock, securities, cash, property or other consideration that each holder of a share of Common Stock Share was entitled to receive in the Transaction in respect of a share of Common StockShare; provided, however, that such stock, securities, cash, property, or other consideration shall remain subject to all of the conditions, restrictions and performance criteria which were applicable to the Option prior to such Transaction.

Appears in 2 contracts

Samples: Officer Stock Option Agreement (Deltek, Inc), Stock Option Agreement (Deltek, Inc)

Effect of Certain Transactions. Subject to Section 98, in the event of (a) the liquidation or dissolution of the Company or (b) a merger or consolidation of the Company (a “Transaction”), the Option shall continue in effect in accordance with its terms, except that following the Transaction either (i) each outstanding Option shall be treated as provided for in the plan of liquidation or dissolution adopted, or the agreement entered into, in connection with the Transaction or (ii) if not so provided in such plan or agreement, the Optionee shall be entitled to receive in respect of each share of Common Stock Share subject to the Option, upon exercise of the Option, the same number and kind of stock, securities, cash, property or other consideration that each holder of a share of Common Stock Share was entitled to receive in the Transaction in respect of a share of Common StockShare; provided, however, that such stock, securities, cash, property, or other consideration shall remain subject to all of the conditions, restrictions and performance criteria which were applicable to the Option prior to such Transaction.

Appears in 1 contract

Samples: Director Stock Option Agreement (Deltek, Inc)

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Effect of Certain Transactions. Subject to Section 9, in In the event of (a) the liquidation or dissolution of the Company or (b) a merger or consolidation of the Company with or into any other corporation or other entity (a "Transaction"), the this Option shall continue in effect in accordance with its terms, except that following the a Transaction either (i) each outstanding this Option shall be treated as provided for in the plan of liquidation or dissolution adopted, or the agreement entered into, into in connection with the Transaction or (ii) if not so provided in such plan or agreement, the Optionee shall be entitled to receive in respect of each share of Common Stock Share subject to the this Option, upon exercise of this Option following the OptionTransaction, the same number and kind of stock, securities, cash, property or other consideration that each holder of a share of Common Stock Share was entitled to receive in the Transaction in respect of a share of Common StockShare; provided, however, that such stock, securities, cash, property, or other consideration shall remain subject to all of the conditions, restrictions and performance criteria which were applicable to the this Option prior to such Transaction.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Instinet Group Inc)

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