Exercise Price of an Incentive Stock Option. Subject to the provisions of Section 5.2 regarding Ten Percent Shareholders, the Option Exercise Price of each Incentive Stock Option shall be not less than 100% of the Fair Market Value of the Common Stock subject to the Option on the Grant Date. Notwithstanding the foregoing, an Incentive Stock Option may be granted with an 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 Section 5.2 subsection 5(b) regarding Ten Percent ShareholdersStockholders, the Option Exercise Price exercise price of each Incentive Stock Option shall be not less than one hundred percent (100% %) of the Fair Market Value of the Common Stock stock subject to the Option on the Grant Datedate the Option is granted. Notwithstanding the foregoing, an Incentive Stock Option may be granted with an Option Exercise Price 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: Stock Option Agreement (Source Atlantic, Inc.), Merger Agreement (NextWave Wireless LLC)
Exercise Price of an Incentive Stock Option. Subject to the provisions of Section 5.2 regarding Ten Percent ShareholdersStockholders, the Option Exercise Price of each Incentive Stock Option shall be not less than 100% of the Fair Market Value of the Common Stock subject to the Option on the Grant Date. Notwithstanding the foregoing, an Incentive Stock Option may be granted with an 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 1 contract
Samples: Business Combination Agreement (Collier Creek Holdings)
Exercise Price of an Incentive Stock Option. Subject to the provisions of Section 5.2 V(B) regarding Ten Percent Shareholders, the Option Exercise Price of each Incentive Stock Option shall be not less than 100% of the Fair Market Value of the Common Stock subject to the Option on the Grant Date. Notwithstanding the foregoing, an Incentive Stock Option may be granted with an 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 1 contract
Exercise Price of an Incentive Stock Option. Subject to the provisions of Section 5.2 subsection 5(b) regarding Ten Percent ShareholdersStockholders, the Option Exercise Price exercise price of each Incentive Stock Option shall be not less than one hundred percent (100% %) of the Fair Market Value of the Common Stock subject to the Option on the Grant Datedate the Option is granted. Notwithstanding the foregoing, an Incentive Stock Option may be granted with an Option Exercise Price 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 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Lightspan Inc)