Exception for Certain Family Transfers. Anything to the contrary contained in this Section notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family or a trust for the benefit of the Purchaser's immediate family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transfer. "Immediate Family" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4, and there shall be no further transfer of such Shares except in accordance with the terms of this Section.
Appears in 13 contracts
Samples: Security Agreement (Avanex Corp), Security Agreement (Avanex Corp), Security Agreement (Avanex Corp)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section 3(b) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family (as defined below) or a trust for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(b). "Immediate Family" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 9 contracts
Samples: Restricted Stock Purchase Agreement (Simplex Solutions Inc), Restricted Stock Purchase Agreement (Simplex Solutions Inc), Notice and Restricted Stock Purchase Agreement (Quest Software Inc)
Exception for Certain Family Transfers. Anything to the -------------------------------------- contrary contained in this Section 3(b) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family or a trust for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(b). "Immediate Family" as used herein shall mean spouse, lineal descendant or ---------------- antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 9 contracts
Samples: Common Stock Purchase Agreement (Onvia Com Inc), Common Stock Purchase Agreement (Onvia Com Inc), Common Stock Purchase Agreement (Onvia Com Inc)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section 3(a) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family (as defined below) or a trust for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(a). "Immediate Family" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 4 contracts
Samples: Purchase Agreement (Capella Education Co), Notice and Restricted Stock Purchase Agreement (Cisco Systems Inc), Stock Option Agreement (Smelick Robert)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section 3(a) notwithstanding, the transfer of any or all of the Shares during the Purchaser's ’s lifetime or on the Purchaser's ’s death by will or intestacy to the Purchaser's immediate family ’s Immediate Family or a trust for the benefit of the Purchaser's immediate family ’s Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(a). "“Immediate Family" ” as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 3 contracts
Samples: Notice and Restricted Stock Purchase Agreement (Neothetics, Inc.), Notice and Restricted Stock Purchase Agreement (Neothetics, Inc.), Stock Option Plan (Verisign Inc/Ca)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section 3(c) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family (as defined below) or to a trust for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transfer. "Immediate Family" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this Section.
Appears in 3 contracts
Samples: Restricted Stock Purchase Agreement (Niku Corp), Restricted Stock Purchase Agreement (Niku Corp), Restricted Stock Purchase Agreement (Niku Corp)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section 4(b) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family or a trust for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 4(b). "Immediate FamilyIMMEDIATE FAMILY" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 4.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Rosetta Inpharmatics Inc), Common Stock Purchase Agreement (Rosetta Inpharmatics Inc), Common Stock Purchase Agreement (Rosetta Inpharmatics Inc)
Exception for Certain Family Transfers. Anything to the contrary -------------------------------------- contained in this Section 3(b) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family or a trust for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(b). "Immediate Family" as used herein shall mean spouse, lineal descendant or ---------------- antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Onvia Com Inc), Common Stock Purchase Agreement (Onvia Com Inc), Employment Agreement (Netcentives Inc)
Exception for Certain Family Transfers. Anything to the contrary -------------------------------------- contained in this Section notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family or a trust for the benefit of the Purchaser's immediate family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transfer. "Immediate Family" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4, and there shall be no further transfer of such Shares except in accordance with the terms of this Section.
Appears in 3 contracts
Samples: Security Agreement (Biomarin Pharmaceutical Inc), Security Agreement (Biomarin Pharmaceutical Inc), Security Agreement (Biomarin Pharmaceutical Inc)
Exception for Certain Family Transfers. Anything to the -------------------------------------- contrary contained in this Section notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family or a trust for the benefit of the Purchaser's immediate family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transfer. "Immediate Family" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this Section.
Appears in 2 contracts
Samples: Joint Escrow Instructions (Crossworlds Software Inc), Joint Escrow Instructions (Crossworlds Software Inc)
Exception for Certain Family Transfers. Anything to the -------------------------------------- contrary contained in this Section 3(b) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family or a trust for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(b). "Immediate Family" as used herein shall mean spouse, lineal descendant or ---------------- antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 43, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Replaytv Inc), Common Stock Purchase Agreement (Replaytv Inc)
Exception for Certain Family Transfers. Anything to the contrary -------------------------------------- contained in this Section notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family or a trust for the benefit of the Purchaser's immediate family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transfer. "Immediate Family" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this Section.
Appears in 2 contracts
Samples: Joint Escrow Instructions (Crossworlds Software Inc), Joint Escrow Instructions (Crossworlds Software Inc)
Exception for Certain Family Transfers. Anything to the -------------------------------------- contrary contained in this Section 3(b) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family or a trust for the benefit of the Purchaser or Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(b). "Immediate Family" as used herein shall mean spouse, lineal ---------------- descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Preview Systems Inc), Common Stock Purchase Agreement (Preview Systems Inc)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section 3(b) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family or a trust for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(b). "Immediate Family" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Egroups Inc), Common Stock Purchase Agreement (Egroups Inc)
Exception for Certain Family Transfers. Anything to the -------------------------------------- contrary contained in this Section 3(b) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family (as defined below) or a trust trust, limited partnership or limited liability company for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(b). "Immediate Family" as used herein shall mean spouse, lineal descendant or ----------------- antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 2 contracts
Samples: Restricted Stock Purchase Agreement (Drugstore Com Inc), Restricted Stock Purchase Agreement (Drugstore Com Inc)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section 3(a) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family or a trust for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(a). "Immediate FamilyIMMEDIATE FAMILY" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 43, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Peregrine Systems Inc)
Exception for Certain Family Transfers. Anything Notwithstanding anything -------------------------------------- to the contrary contained in this Section notwithstandingSection, the transfer of any or all of the Shares during the PurchaserOptionee's lifetime or on the PurchaserOptionee's death by will or intestacy to the PurchaserOptionee's immediate family or a trust for the benefit of the PurchaserOptionee's immediate family shall be exempt from the provisions of this Section, Section provided that the Purchaser notifies the Company is notified in writing of said transfer within thirty (30) days of said transfer. "Immediate Family" as used herein shall mean spouse, lineal ---------------- descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 45 below, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection or Section 5 below.
Appears in 1 contract
Samples: Elaine Hamilton Non Statutory Stock Option Agreement (Vicinity Corp)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section 3(a) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family (as defined below) or a trust for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(a). "Immediate Family" as used herein shall mean spousespouxx, lineal xxneal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 1 contract
Samples: Notice and Restricted Stock Purchase Agreement (Quest Software Inc)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section notwithstanding, the transfer of any or all of the Shares during the PurchaserGrantee's lifetime or on the PurchaserGrantee's death by will or intestacy to the PurchaserGrantee's immediate family or a trust for the benefit of the PurchaserGrantee's immediate family shall be exempt from the provisions of this Section, provided that the Purchaser Grantee notifies the Company in writing within thirty (30) days of said transfer. "Immediate Family" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4, and there shall be no further transfer of such Shares except in accordance with the terms of this Section.
Appears in 1 contract
Samples: Restricted Stock Agreement (Wit Soundview Group Inc)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family or a trust for the benefit of the Purchaser's immediate family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transfer. "Immediate FamilyIMMEDIATE FAMILY" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this Section.
Appears in 1 contract
Exception for Certain Family Transfers. Anything to the contrary contained in this Section notwithstanding, the transfer of any or all of the Shares during the Purchaser's ’s lifetime or on the Purchaser's ’s death by will or intestacy to the Purchaser's ’s immediate family or a trust for the benefit of the Purchaser's ’s immediate family shall will be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transfer. "“Immediate Family" ” as used herein shall will mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall will receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section 8 and Section 4, and there shall will be no further transfer of such Shares except in accordance with the terms of this Section.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Alien Technology Corp)
Exception for Certain Family Transfers. Anything Notwithstanding anything -------------------------------------- to the contrary contained in this Section notwithstandingSection, the transfer of any or all of the Shares during the PurchaserOptionee's lifetime or on the PurchaserOptionee's death by will or intestacy to the PurchaserOptionee's immediate family or a trust for the benefit of the PurchaserOptionee's immediate family shall be exempt from the provisions of this Section, Section provided that the Purchaser notifies the Company is notified in writing of said transfer within thirty (30) days of said transfer. "Immediate Family" as used herein shall mean spouse, lineal descendant ---------------- or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 45 below, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection or Section 5 below.
Appears in 1 contract
Samples: Option Agreement (Vicinity Corp)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section 3(a) notwithstanding, the transfer of any or all of the Shares during the Purchaser's ’s lifetime or on the Purchaser's ’s death by will or intestacy to the Purchaser's immediate family ’s Immediate Family or a trust for the benefit of the Purchaser's immediate family ’s Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(a). "“Immediate Family" ” as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother brother, or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 1 contract
Samples: Notice and Restricted Stock Purchase Agreement (Alpine Immune Sciences, Inc.)
Exception for Certain Family Transfers. Anything to the contrary contained in this Section 3(a) notwithstanding, the transfer of any or all of the Shares during the Purchaser's lifetime or on the Purchaser's death by will or intestacy to the Purchaser's immediate family Immediate Family or a trust for the benefit of the Purchaser's immediate family Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(a). "Immediate Family" as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 43, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 1 contract
Exception for Certain Family Transfers. Anything to the contrary contained in this Section 3(a) notwithstanding, the transfer of any or all of the Shares during the Purchaser's ’s lifetime or on the Purchaser's ’s death by will or intestacy to the Purchaser's immediate family ’s Immediate Family (as defined below) or a trust for the benefit of the Purchaser's immediate family ’s Immediate Family shall be exempt from the provisions of this Section, provided that the Purchaser notifies the Company in writing within thirty (30) days of said transferSection 3(a). "“Immediate Family" ” as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Agreement, including but not limited to this Section and Section 4Section, and there shall be no further transfer of such Shares except in accordance with the terms of this SectionSection 3.
Appears in 1 contract