Common use of Employee Stock Purchase Plan Clause in Contracts

Employee Stock Purchase Plan. As promptly as practicable following the date of this Agreement (but in any event prior to the Effective Time), the Company shall take all actions (including obtaining any necessary determinations and/or resolutions of the Company Board or a committee thereof and, if appropriate, amending the terms of the ESPP) that may be necessary or required under the ESPP and applicable Laws to ensure that, (A) except for the six-month offering period under the ESPP that commenced on July 1, 2022 (the “Final Offering”), no offering period shall be authorized or commenced on or after the date of this Agreement, (B) the Final Offering shall end on the Closing Date, (C) each ESPP participant’s accumulated contributions under the ESPP shall, as soon as practicable following the Closing and without interest, be returned to the participant through the payroll system of the Surviving Corporation and (D) the ESPP shall terminate in its entirety at the Effective Time and no further rights shall be granted or exercised under the ESPP thereafter.

Employee Stock Purchase Plan. As promptly soon as reasonably practicable following the date of this Agreement (but and in any event prior to the Effective Time), the Company shall take all actions (including obtaining any necessary determinations and/or resolutions of the Board of Directors of the Company Board or a committee the Compensation Committee thereof and, if appropriate, amending the terms of the Company Employee Stock Purchase Plan (the “ESPP”)) that may be necessary or required appropriate under the ESPP and applicable Laws Law to ensure that, that (Ai) except for the six-month offering period that would be ongoing as of the Effective Time shall be the final offering period under the ESPP that commenced on July 1ESPP, 2022 (the “Final Offering”), no ii) such offering period shall be authorized or commenced on or after the date of this Agreementtruncated so that it terminates, (B) the Final Offering shall end on the Closing Date, (C) and each ESPP participant’s accumulated contributions under the ESPP shallshall be used to purchase shares of Company Common Stock in accordance with the ESPP, as soon as practicable following of a date not later than the trading date that is five Business Days prior to the Closing and without interestDate, be returned to the participant through the payroll system of the Surviving Corporation and (Diii) the ESPP shall terminate in its entirety at the Effective Time and no further rights shall be granted or exercised under the ESPP thereafter.

Employee Stock Purchase Plan. As promptly soon as reasonably practicable following the date of this Agreement (but and in any event prior to the Effective Time), the Company shall take all actions (including obtaining any necessary determinations and/or resolutions of the Board of Directors of the Company Board or a committee the Compensation Committee thereof and, if appropriate, amending the terms of the Company Employee Stock Purchase Plan (the "ESPP")) that may be necessary or required appropriate under the ESPP and applicable Laws Law to ensure that, that (Ai) except for the six-month offering period that would be ongoing as of the Effective Time shall be the final offering period under the ESPP that commenced on July 1ESPP, 2022 (the “Final Offering”), no ii) such offering period shall be authorized or commenced on or after the date of this Agreementtruncated so that it terminates, (B) the Final Offering shall end on the Closing Date, (C) and each ESPP participant’s 's accumulated contributions under the ESPP shallshall be used to purchase shares of Company Common Stock in accordance with the ESPP, as soon as practicable following of a date not later than the trading date that is five Business Days prior to the Closing and without interestDate, be returned to the participant through the payroll system of the Surviving Corporation and (Diii) the ESPP shall terminate in its entirety at the Effective Time and no further rights shall be granted or exercised under the ESPP thereafter.