Exercise of the Stock Option. No portion of the Stock Option may be exercised until such portion vests. Each election to exercise any vested portion of the Stock Option will be subject to the terms and conditions of the Plan and shall be made in writing, signed by the Optionee (subject to any restrictions provided under the Plan or prescribed by the Administrator). Each such written exercise election must be received by the Company at its principal office or by such other party as the Administrator may prescribe and must be accompanied by payment in full as provided in the Plan. The exercise price shall be paid by cash or check acceptable to the Administrator, or, if legally permissible and permitted by the Administrator, (i) through the delivery of unrestricted shares of Stock that have a fair market value equal to the exercise price, subject to such minimum holding period requirements, if any, as the Administrator may prescribe, (ii) through a broker-assisted exercise program acceptable to the Administrator or (iii) by other means acceptable to the Administrator. In the event that the Stock Option is exercised by a person other than the Optionee, the Company will be under no obligation to deliver Shares hereunder unless and until it is satisfied as to the authority of the person to exercise the Stock Option and as to compliance with applicable securities laws. The latest date on which the Stock Option or any portion thereof may be exercised will be the 10th anniversary of the Date of Grant; provided, however, that if the Optionee is prohibited by applicable law or written Company policy applicable to similarly situated employees from engaging in open-market sales of shares of Stock on the 10th anniversary of the Date of Grant, the latest day on which the Stock Option or any portion thereof may be exercised will be thirty (30) days following the date the Optionee is no longer so prohibited from engaging in such open-market sales (the “Final Exercise Date”), and if not exercised by such date the Stock Option or any remaining portion thereof will thereupon immediately terminate.
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Samples: Stock Option Agreement (Mattress Firm Holding Corp.)
Exercise of the Stock Option. No portion of the Stock Option may be exercised until such portion vests. Each election to exercise any vested portion of the Stock Option will be subject to the terms and conditions of the Plan and shall be made in writing, signed by the Optionee (subject to any restrictions provided under the Plan or prescribed by and the Administrator)Stockholders Agreement and to such additional administrative rules as the Administrator may reasonably prescribe. Each such written exercise election must be received by the Company at its principal office or by such other party as the Administrator may reasonably prescribe and must be accompanied by payment in full as provided in the Plan. The exercise price shall may be paid (i) by cash or check acceptable to the Administrator, or(ii) at the election of the Optionee, if legally permissible and permitted by the Administrator’s holding back shares otherwise deliverable upon exercise having a fair market value, as determined by the Administrator, (i) through the delivery of unrestricted shares of Stock that have a fair market value equal to the aggregate exercise priceprice for the portion of the Stock Option being exercised, subject to (iii) by such minimum holding period requirementsother means, if any, as the Administrator may prescribe, (ii) through a broker-assisted exercise program acceptable to the Administrator or (iii) by other means be acceptable to the Administrator, or (iv) by any combination of the foregoing permissible forms of payment. In the event that the Stock Option is exercised by a person other than the Optionee, the The Company will be under no obligation to deliver Shares shares hereunder unless and until it is satisfied as to the authority of that the person to exercise exercising the Stock Option has been authorized to do so by the Optionee and as to the exercise is in compliance with applicable securities lawslaws and the terms of the Stockholders Agreement. The latest date on which the Stock Option or any portion thereof may be exercised will be the 10th anniversary of the Date of Grant; provided, however, that if the Optionee is prohibited by applicable law or written Company policy applicable to similarly situated employees from engaging in open-market sales of shares of Stock on the 10th anniversary of the Date of Grant, the latest day on which the Stock Option or any portion thereof may be exercised will be thirty (30) days following the date the Optionee is no longer so prohibited from engaging in such open-market sales Grant (the “Final Exercise Date”), ) and if not exercised by such date date, or earlier forfeited or otherwise terminated, the Stock Option or any remaining portion thereof will thereupon immediately terminate.
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Exercise of the Stock Option. No portion of the Stock Option may be exercised until such portion vests. Each election to exercise any vested portion of the Stock Option will be subject to the terms and conditions of the Plan and shall be made in writingwriting or by electronic notice, signed (including electronic signature in form acceptable to the Administrator) by the Optionee or a transferee (subject if permitted by the Administrator), if any (or in such other form as is acceptable to any restrictions provided under the Plan or prescribed by the Administrator). Each such written exercise election must be received by the Company at its principal office or by such other party as the Administrator may prescribe and must be accompanied by payment in full as provided in the Plan, including, for the avoidance of doubt to the extent required by Luxembourg law, the payment by the Optionee to the Company of an additional amount in cash equal to the aggregate par value of the shares of Stock to be delivered in respect of the portion of the Stock Option so exercised at the time of the exercise of the Stock Option. The exercise price shall may be paid (i) by cash or check acceptable to the Administrator, or, if legally permissible and (ii) to the extent permitted by the Administrator, (i) through the delivery of unrestricted shares of Stock that have a fair market value equal broker-assisted cashless exercise program acceptable to the exercise priceAdministrator, subject to (iii) by such minimum holding period requirementsother means, if any, as the Administrator may prescribe, (ii) through a broker-assisted exercise program acceptable to the Administrator or (iii) by other means be acceptable to the Administrator, or (iv) by any combination of the foregoing permissible forms of payment. In the event that the Stock Option is exercised by a person other than the Optionee, the Company will be under no obligation to deliver Shares hereunder unless and until it is satisfied as to the authority of the such person to exercise the Stock Option and as to compliance with applicable securities laws. The latest date on which the Stock Option or any portion thereof may be exercised will be [—] (the 10th anniversary of the Date of Grant“Final Exercise Date”); provided, however, that if at such time the Optionee is prohibited by applicable law or written Company policy applicable to similarly situated employees from engaging in any open-market sales of shares of Stock on the 10th anniversary of the Date of GrantStock, the latest day on which the Stock Option or any portion thereof may be exercised Final Exercise Date will be automatically extended to thirty (30) days following the date the Optionee is no longer so prohibited from engaging in such open-market sales (sales. If the “Stock Option is not exercised by the Final Exercise Date”), and if not exercised by such date the Stock Option or any remaining portion thereof will thereupon immediately terminate.
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Samples: Non Statutory Stock Option Agreement (Trinseo S.A.)
Exercise of the Stock Option. No portion of the Stock Option may be exercised until such portion vests. Each election to exercise any vested portion of the Stock Option will be subject to the terms and conditions of the Plan and shall be made in writing, writing and signed by the Optionee Option Holder (subject or in such other form as is acceptable to any restrictions provided under the Plan or prescribed by the Administrator). Each such written exercise election must be received by the Company at its principal office or by such other party as the Administrator may prescribe and must be accompanied by payment in full as provided in the Plan. The exercise price shall may be paid (i) by cash or check acceptable to the Administrator, or(ii) at the election of the Optionee, if legally permissible and permitted by the Administrator, (i) through the delivery ’s holding back of unrestricted shares of Shares from this Stock that have Option having a fair market value equal to the exercise priceprice in payment of the exercise price of this Stock Option, subject (iii) to the extent permitted by the Administrator, through a broker assisted cashless exercise program acceptable to the Administrator1, (iv) by such minimum holding period requirementsother means, if any, as the Administrator may prescribe, (ii) through a broker-assisted exercise program be acceptable to the Administrator or (iiiv) by other means acceptable to any combination of the Administratorforegoing permissible forms of payment. In the event that the Stock Option is exercised by a person other than the Optionee, the Company will be under no obligation to deliver Shares hereunder unless and until it is satisfied as to the authority of the person Option Holder to exercise the Stock Option and as to compliance with applicable securities laws. The latest date on which the Stock Option or any portion thereof may be exercised will be the 10th anniversary of the Date of GrantGrant (the “Final Exercise Date”); provided, however, that if at such time the Optionee is prohibited by applicable law or written Company policy applicable to similarly situated employees from engaging in any open-market sales of shares of Stock on the 10th anniversary of the Date of GrantStock, the latest day on which the Stock Option or any portion thereof may be exercised Final Exercise Date will be automatically extended to thirty (30) days following the date the Optionee is no longer so prohibited from engaging in such open-market sales (sales. If the “Final Exercise Date”), and if Stock Option is not exercised by such date the Final Exercise Date the Stock Option or any remaining portion thereof will thereupon immediately terminate.
1 Note to Draft – a cashless exercise by a Section 16 officer will be treated as sale of securities, so it will need to be reported on Form 4 and the “sold” shares are subject to matching under Section 16.
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Samples: Non Statutory Stock Option Agreement (Akebia Therapeutics, Inc.)
Exercise of the Stock Option. No portion of the Stock Option may be exercised until such portion vests. Each election to exercise any vested portion of the Stock Option will be subject to the terms and conditions of the Plan and shall be made in writing, writing and signed by the Optionee Option Holder (subject or in such other form as is acceptable to any restrictions provided under the Plan or prescribed by the Administrator). Each such written exercise election must be received by the Company at its principal office or by such other party as the Administrator may prescribe and must be accompanied by payment in full as provided in the Plan. The exercise price shall may be paid (i) by cash or check acceptable to the Administrator, or(ii) at the election of the Optionee, if legally permissible and permitted by the Administrator, (i) through the delivery ’s holding back of unrestricted shares of Shares from this Stock that have Option having a fair market value equal to the exercise priceprice in payment of the exercise price of this Stock Option, subject (iii) to the extent permitted by the Administrator, through a broker assisted cashless exercise program acceptable to the Administrator1, (iv) by such minimum holding period requirementsother means, if any, as the Administrator may prescribe, (ii) through a broker-assisted exercise program be acceptable to the Administrator or (iiiv) by other means acceptable to any combination of the Administratorforegoing permissible forms of payment. In the event that the Stock Option is exercised by a person other than the Optionee, the Company will be under no obligation to deliver Shares hereunder unless and until it is satisfied as to the authority of the person Option Holder to exercise the Stock Option and as to compliance with applicable securities laws. The latest date on which the Stock Option or any portion thereof may be exercised will be the 10th anniversary of the Date of GrantGrant (the “Final Exercise Date”); provided, however, that if at such time the Optionee is prohibited by applicable law or written Company policy applicable to similarly situated employees from engaging in any open-market sales of shares of Stock on the 10th anniversary of the Date of GrantStock, the latest day on which the Stock Option or any portion thereof may be exercised Final Exercise Date will be automatically 1 Note to Draft – a cashless exercise by a Section 16 officer will be treated as sale of securities, so it will need to be reported on Form 4 and the “sold” shares are subject to matching under Section 16. extended to thirty (30) days following the date the Optionee is no longer so prohibited from engaging in such open-market sales (sales. If the “Final Exercise Date”), and if Stock Option is not exercised by such date the Final Exercise Date the Stock Option or any remaining portion thereof will thereupon immediately terminate.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Akebia Therapeutics, Inc.)