Exercise Price of Options. The exercise price of the Options (subject to adjustment by reason of any of the events set forth in Section 7 hereof), shall equal:
(a) With respect to the Options described in Sections 3(a) of this Agreement, the Fair Market Value of the Shares as of July 3, 2003 - - to wit, Two Dollars and Fifty-five Cents ($2.55) per Share.
(b) With respect to the Options described in Sections 3(b)(i) of this Agreement, Five Dollars ($5.00) per Share.
(c) With respect to the Options described in Sections 3(b)(ii) of this Agreement, Seven Dollars and Fifty Cents ($7.50) per Share.
(d) With respect to the Options described in Sections 3(b)(iii) of this Agreement, Twelve Dollars and Fifty Cents ($12.50) per Share.
Exercise Price of Options. The Parties hereby agree that Section 5(b) of the Agreement shall be revised such that the exercise of the options issuable thereunder shall be the price equal to the “last sale price” of the Company’s common stock on the date of grant of the option, which date of grant shall in every case be a trading day. For purposes hereof, the term “last sale price” shall mean (i) if the common stock is listed on a national securities exchange or quoted on the Nasdaq National Market, Nasdaq SmallCap Market or NASD OTC Bulletin Board (or successor such as the Bulletin Board Exchange), the last sale price of the common stock in the principal trading market for the common stock as reported by the exchange, Nasdaq or the NASD, as the case may be; (ii) if the common stock is not listed on a national securities exchange or quoted on the Nasdaq National Market, Nasdaq SmallCap Market or the NASD OTC Bulletin Board (or successor such as the Bulletin Board Exchange), but is traded in the residual over-the-counter market, the closing bid price for the common stock on the last trading day preceding the date in question for which such quotations are reported by the Pink Sheets, LLC or similar publisher of such quotations; and (iii) if the fair market value of the common stock cannot be determined pursuant to clause (i) or (ii) above, such price as the Board of Directors of the Company shall determine, in good faith.
Exercise Price of Options. The exercise price for each Non-Qualified Option granted hereunder shall be set forth in the Agreement. For so long as required under Section 422 of the Code and the regulations promulgated thereunder (or any successor statute or rules), the exercise price of any Option intended to be eligible to qualify and be treated as an Incentive Stock Option shall not be less than the fair market value of the Shares on the date such Incentive Stock Option is granted, except that if such Incentive Stock Option is granted to a Participant who on the date of grant is treated under Section 424(d) of the Code as owning stock (not including stock purchasable under outstanding options) possessing more than ten percent of the total combined voting power of all classes of the Company's stock, the exercise price shall not be less than one hundred ten percent (110%) of the fair market value of the Shares on the date such Incentive Stock Option is granted. The fair market value of Shares for the purposes of this Plan shall be determined by the Board, whose valuation shall be binding upon each Optionee. Payment for Shares purchased upon exercise of any Option granted hereunder shall be in cash at the time of exercise, except that, if either the Agreement so provides or the Committee so permits, and if the Company is not then prohibited from doing so, such payment may be made in whole or in part with surrendered or withheld shares of stock of the same class as the stock then subject to the Option. The Committee also may on an individual basis permit payment or agree to permit payment by such other alternative means as may be lawful, including by delivery of an executed exercise notice together with irrevocable instructions to a broker promptly to deliver to the Company the amount of sale or loan proceeds required to pay the exercise price.
Exercise Price of Options. The Company will not grant any option pursuant to the Company's 1995 Stock Option Plan at an exercise price less than 85% of the fair market value of the Common Stock on the date of the grant.
Exercise Price of Options. For a period of three years after the Effective Date, the Company will not grant any option, pursuant to any of the Company's stock option or incentive plans or otherwise, at an exercise price less than the fair market value of the Common Stock on the date of the grant.
4. Conditions of the Underwriters' Obligations. The obligations of the several Underwriters to purchase and pay for the Securities, as provided herein, shall be subject to the continuing 16 18 accuracy of the representations and warranties of the Company as of the date hereof and as of each of the Closing Date and the Option Closing Date, if any, to the accuracy of the statements of officers of the Company made pursuant to the provisions hereof and to the performance by the Company of its obligations hereunder and to the following conditions:
Exercise Price of Options. Notwithstanding the exercise price for the Options described on Schedule “A” hereto, from and after the date that all approvals referred to in section 4 hereof are obtained the exercise price for each of the Options listed in Part One of Schedule “A” shall be Cdn.$1.00 per share and the exercise price for each of the Options listed in Part Two Schedule “A” shall be Cdn. $1.50 per share.
Exercise Price of Options. For a period of three years after the Effective Date, the Company will not grant any option pursuant to the Company's 1997 Stock Option Plan at an exercise price less than the greater of [$____] per share or the fair market value of the Common Stock on the date of the grant.
Exercise Price of Options. The exercise price of options granted on the date hereof, if any, under the Company's Nonqualified Stock Option Plan is $90.00.
Exercise Price of Options. The Exercise Price of an Option granted to Non-Employee Directors pursuant to the Initial Grant and the Annual Grants shall not be less than the Market Value of the Shares determined on the date of granting of the Option.
Exercise Price of Options. Each Option shall have a per-Unit exercise price as set forth in Section 1 above, which equals 100% of the Fair Market Value of such Unit (the “Exercise Price”).
