Common use of Excess Shares Clause in Contracts

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 81 contracts

Samples: Stock Option Agreement (Intrusion Inc), Stock Option Agreement (Xo Group Inc.), Stock Option Agreement (Xo Group Inc.)

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Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan. In no event shall the option be exercisable with respect to any of the excess Option Shares unless and until such stockholder approval is obtained.

Appears in 20 contracts

Samples: Global Stock Option Agreement (Gilead Sciences, Inc.), Global Stock Option Agreement (Gilead Sciences Inc), Global Stock Option Agreement (Gilead Sciences Inc)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan. In no event shall the Option be exercisable with respect to any of the excess Option Shares unless and until such stockholder approval is obtained.

Appears in 19 contracts

Samples: Stock Option Agreement, Stock Option Agreement (Matson, Inc.), Stock Option Agreement (Matson, Inc.)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then this option shall be void with respect to those such excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 19 contracts

Samples: Stock Option Agreement (Pharmacyclics Inc), Employment Agreement (Hyperion Solutions Corp), Stock Option Agreement (I2 Technologies Inc)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder shareholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder shareholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 12 contracts

Samples: Stock Option Agreement (SJW Group), Stock Option Agreement (Multilink Technology Corp), Stock Option Agreement (Stec, Inc.)

Excess Shares. If the Option Shares covered by this Agreement ------------- exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 12 contracts

Samples: Stock Option Agreement (Digital Island Inc), Stock Option Agreement (Stamps Com Inc), Stock Option Agreement (Portal Software Inc)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then this option Option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 8 contracts

Samples: Non Statutory Stock Option Agreement (1 800 Flowers Com Inc), Stock Option Agreement (Electronic Sensor Technology, Inc), Stock Option Agreement (Positron Corp)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder shareholder approval be issued under the Plan, then this option shall be void not become exercisable with respect to those excess shares, unless stockholder shareholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 4 contracts

Samples: Stock Option Agreement (Broadcom Corp), Stock Option Agreement (Broadcom Corp), Stock Option Agreement (Broadcom Corp)

Excess Shares. If the Option Shares covered by this Agreement ------------- exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder shareholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder shareholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 3 contracts

Samples: Stock Option Agreement (DTM Corp /Tx/), Stock Option Agreement (Genesys Telecommunications Laboratories Inc), Stock Option Agreement (Iteris Inc)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then this the option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan. In no event shall the option be exercisable with respect to any of the excess Option Shares unless and until such stockholder approval is obtained.

Appears in 3 contracts

Samples: Stock Option Agreement (Gilead Sciences Inc), Stock Option Agreement (Gilead Sciences Inc), Stock Option Agreement (Gilead Sciences Inc)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then this option shall be void not become exercisable with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 3 contracts

Samples: Stock Option Agreement (Symantec Corp), Stock Option Agreement (Veritas Software Corp /De/), Stock Option Agreement (Veritas Software Corp /De/)

Excess Shares. If the Option Shares covered by this Agreement exceed, ------------- as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 2 contracts

Samples: Stock Option Agreement (Comps Com Inc), Stock Option Agreement (Portal Software Inc)

Excess Shares. If the Number of Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock Shares which may without stockholder approval be issued under the Plan, then this option Option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock Shares issuable under the Plan is obtained in accordance with the provisions of the Plan. In no event shall the Option be exercisable with respect to any of the excess Number of Option Shares unless and until such stockholder approval is obtained.

Appears in 1 contract

Samples: Stock Option Agreement (Xilinx Inc)

Excess Shares. If the Option Shares covered by this Agreement ------------- exceed, as of the Grant Date, the number of shares of Class A Common Stock which may without stockholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Class A Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 1 contract

Samples: Stock Option Agreement (Odetics Inc)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Planissued, then this option shall be void with respect to those such excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Planissuable.

Appears in 1 contract

Samples: Stock Option Agreement (Discovery Laboratories Inc)

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Excess Shares. If the Option Shares option shares covered by this Agreement agreement exceed, as ------------- of the Grant Dategrant date, the number of shares of Common Stock common stock which may without stockholder approval be issued under the Planplan, then this option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock common stock issuable under the Plan plan is obtained in accordance with the provisions of the Planplan.

Appears in 1 contract

Samples: Stock Option Agreement (Comps Com Inc)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder shareholder approval be issued under the Plan, then this option shall be void with respect to those such excess shares, unless stockholder shareholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 1 contract

Samples: Stock Option Agreement (Us Homecare Corp)

Excess Shares. If the Option Shares covered by this Agreement exceed, as ------------- of the Grant Date, the number of shares of Class A Common Stock which may without stockholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Class A Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 1 contract

Samples: Stock Option Agreement (Atl Products Inc)

Excess Shares. If the Option Shares covered by this Agreement exceed, ------------- as of the Grant Date, the number of shares of Common Stock which may without stockholder shareholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder shareholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 1 contract

Samples: Stock Option Agreement (Meltronix Inc)

Excess Shares. If the Option Shares covered by this Agreement exceed, as ------------- of the Grant Date, the number of shares of Common Stock which may without stockholder shareholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder shareholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 1 contract

Samples: Stock Option Agreement (Microelectronic Packaging Inc /Ca/)

Excess Shares. If the Option Shares shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the Plan, then this option award shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 1 contract

Samples: Restricted Stock Agreement (Calpine Corp)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock which may without stockholder approval be issued under the PlanPlan as last approved by the Corporation’s stockholders, then this option shall be void with respect to those excess sharessuch excess, unless stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan. The inability of the Corporation to obtain stockholder approval shall not create any liability for the Corporation.

Appears in 1 contract

Samples: Stock Option Agreement (NeuroSigma, Inc.)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Class A Common Stock which may without stockholder approval be issued under the Plan, then this option shall be void with respect to those excess shares, unless stockholder approval of an amendment sufficiently increasing the number of shares of Class A Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.

Appears in 1 contract

Samples: Stock Option Agreement (Odetics Inc)

Excess Shares. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock Shares which may without stockholder shareholder approval be issued under the Plan, then this option Option shall be void with respect to those excess shares, unless stockholder shareholder approval of an amendment sufficiently increasing the number of shares of Common Stock Shares issuable under the Plan is obtained in accordance with the provisions of the PlanPlan and all applicable laws, regulations and rules.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Cisco Systems Inc)

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