Exercise Price of an Incentive Stock Option. Subject to the provisions of subsection 5(b) regarding Ten Percent Stockholders, the exercise price of each Incentive Stock Option shall be not less than one hundred percent (100%) of the Fair Market Value of the stock subject to the Option on the date the Option is granted. Notwithstanding the foregoing, an Incentive Stock Option may be granted with an exercise price lower than that set forth in the preceding sentence if such Option is granted pursuant to an assumption or substitution for another option in a manner satisfying the provisions of Section 424(a) of the Code.
Appears in 2 contracts
Samples: Merger Agreement (NextWave Wireless LLC), Stock Option Agreement (Source Atlantic, Inc.)
Exercise Price of an Incentive Stock Option. Subject to the provisions of subsection 5(b) Section 5.2 regarding Ten Percent StockholdersShareholders, the exercise price Option Exercise Price of each Incentive Stock Option shall be not less than one hundred percent (100%) % of the Fair Market Value of the stock Common Stock subject to the Option on the date the Option is grantedGrant Date. Notwithstanding the foregoing, an Incentive Stock Option may be granted with an exercise price Option Exercise Price lower than that set forth in the preceding sentence if such Option is granted pursuant to an assumption or substitution for another option in a manner satisfying the provisions of Section 424(a) of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Monterey Capital Acquisition Corp), Merger Agreement (Fortune Rise Acquisition Corp)
Exercise Price of an Incentive Stock Option. Subject to the provisions of subsection 5(bSection V(B) regarding Ten Percent StockholdersShareholders, the exercise price Option Exercise Price of each Incentive Stock Option shall be not less than one hundred percent (100%) % of the Fair Market Value of the stock Common Stock subject to the Option on the date the Option is grantedGrant Date. Notwithstanding the foregoing, an Incentive Stock Option may be granted with an exercise price Option Exercise Price lower than that set forth in the preceding sentence if such Option is granted pursuant to an assumption or substitution for another option in a manner satisfying the provisions of Section 424(a) of the Code.
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Exercise Price of an Incentive Stock Option. Subject to the provisions of subsection 5(b) Section 5.2 regarding Ten Percent Stockholders, the exercise price Option Exercise Price of each Incentive Stock Option shall be not less than one hundred percent (100%) % of the Fair Market Value of the stock Common Stock subject to the Option on the date the Option is grantedGrant Date. Notwithstanding the foregoing, an Incentive Stock Option may be granted with an exercise price Option Exercise Price lower than that set forth in the preceding sentence if such Option is granted pursuant to an assumption or substitution for another option in a manner satisfying the provisions of Section 424(a) of the Code.
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Samples: Business Combination Agreement (Collier Creek Holdings)
Exercise Price of an Incentive Stock Option. Subject to the provisions of subsection 5(b) regarding Ten Percent Stockholders, the exercise price of each Incentive Stock Option shall be not less than one hundred percent (100%) of the Fair Market Value of the stock Common Stock subject to the Option on the date the Option is granted. Notwithstanding the foregoing, an Incentive Stock Option may be granted with an exercise price lower than that set forth in the preceding sentence if such Option is granted pursuant to an assumption or substitution for another option in a manner satisfying the provisions of Section 424(a) of the Code.
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Samples: Agreement and Plan of Merger and Reorganization (Lightspan Inc)