Extraordinary Corporate Transactions. If the Company recapitalizes or otherwise changes its capital structure, or merges, consolidates, sells all of its assets or dissolves (each of the foregoing a "Fundamental Change"), then thereafter upon any exercise of an Option theretofore granted the Optionee shall be entitled to purchase under such Option, in lieu of the number of shares of Common Stock as to which Option shall then be exercisable, the number and class of shares of stock and securities to which the Optionee would have been entitled pursuant to the terms of the Fundamental Change if, immediately prior to such Fundamental Change, the Optionee had been the holder of record of the number of shares of Common Stock as to which such option is then exercisable.
Appears in 3 contracts
Samples: Nonqualified Stock Option Agreement (Century Bancshares Inc), Incentive Stock Option Agreement (Century Bancshares Inc), Nonqualified Stock Option Agreement (Century Bancshares Inc)
Extraordinary Corporate Transactions. If the Company ------------------------------------ recapitalizes or otherwise changes its capital structure, or merges, consolidates, sells all of its assets or dissolves (each of the foregoing a "Fundamental Change"), then thereafter upon any exercise of an Option theretofore granted the Optionee shall be entitled to purchase under such Option, in lieu of the number of shares of Common Stock as to which Option shall then be exercisable, the number and class of shares of stock and securities to which the Optionee would have been entitled pursuant to the terms of the Fundamental Change if, immediately prior to such Fundamental Change, the Optionee had been the holder of record of the number of shares of Common Stock as to which such option Option is then exercisable.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (Cenveo, Inc), Incentive Stock Option Agreement (Cenveo, Inc), Non Qualified Stock Option Agreement (Cenveo, Inc)
Extraordinary Corporate Transactions. If the Company recapitalizes or otherwise changes its capital structure, or merges, consolidates, sells all of its assets or dissolves (each of the foregoing a "“Fundamental Change"”), then thereafter upon any exercise of an any Option theretofore granted hereunder, the Optionee shall be entitled to purchase under such the Option, in lieu of the number of shares of Common Stock as to which the Option shall then be exercisable, the number and class of shares of stock and securities to which the Optionee would have been entitled pursuant to the terms of the Fundamental Change if, immediately prior to such Fundamental Change, the Optionee had been the holder of record of the number of shares of Common Stock as to which such option the Option is then exercisable. Upon the occurrence of a Fundamental Change, the Options granted hereunder shall be governed by Paragraph XII of the Plan.
Appears in 3 contracts
Samples: Nonqualified Stock Option Agreement (Propex Inc.), Nonqualified Stock Option Agreement (Propex Fabrics Inc.), Nonqualified Stock Option Agreement (Propex Fabrics Inc.)
Extraordinary Corporate Transactions. If the Company recapitalizes ------------------------------------ or otherwise changes its capital structure, or merges, consolidates, sells all of its assets or dissolves (each of the foregoing a "Fundamental Change"), then thereafter upon any exercise of an Option option theretofore granted the Optionee shall be entitled to purchase under such Optionoption, in lieu of the number of shares of Common Stock as to which Option option shall then be exercisable, the number and class of shares of stock and securities to which the Optionee would have been entitled pursuant to the terms of the Fundamental Change if, immediately prior to such Fundamental Change, the Optionee had been the holder of record of the number of shares of Common Stock as to which such option is then exercisable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Mail Well Inc), Incentive Stock Option Agreement (Mail Well Inc)
Extraordinary Corporate Transactions. If the Company recapitalizes or otherwise changes its capital structure, or merges, consolidates, sells all of its assets or dissolves and such transaction is not a Change of Control (each of the foregoing a "“Fundamental Change"”), then thereafter upon any exercise of an any Option theretofore granted hereunder, the Optionee shall be entitled to purchase under such the Option, in lieu of the number of shares of Common Stock as to which the Option shall then be exercisable, the number and class of shares of stock and securities to which the Optionee would have been entitled pursuant to the terms of the Fundamental Change as if, immediately prior to such Fundamental Change, the Optionee had been the holder of record of the number of shares of Common Stock as to which such option the Option is then exercisable.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Franklin Bank Corp), Nonqualified Stock Option Agreement (Franklin Bank Corp)
Extraordinary Corporate Transactions. If the Company recapitalizes or otherwise changes its capital structure, or merges, consolidates, sells all of its assets or dissolves (each of the foregoing a "Fundamental Change"), then thereafter upon any exercise of an Option theretofore granted the Optionee shall be entitled to purchase under such Option, in lieu of the number of shares of Common Stock as to which Option shall then be exercisable, the number and class of shares of stock and securities to which the Optionee would have been entitled pursuant to the terms of the Fundamental Change if, immediately prior to such Fundamental Change, the Optionee had been the holder of record of the number of shares of Common Stock as to which such option is then exercisable.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Century Bancshares Inc)
Extraordinary Corporate Transactions. If the Company recapitalizes or otherwise changes its capital structure, or merges, consolidates, sells all of its assets or dissolves (each of the foregoing a "Fundamental Change"), then thereafter upon any exercise of an Option theretofore granted the Option, the Optionee shall be entitled to purchase under such the Option, in lieu of the number of shares of Common Stock as to which the Option shall then be exercisable, the number and class of shares of stock and securities to which the Optionee would have been entitled pursuant to the terms of the Fundamental Change if, immediately prior to such Fundamental Change, the Optionee had been the holder of record of the number of shares of Common Stock as to which such option the Option is then exercisable.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Century Bancshares Inc)
Extraordinary Corporate Transactions. If the Company recapitalizes or otherwise changes its capital structure, or merges, consolidates, sells all of its assets or dissolves (each of the foregoing a "Fundamental Change"), then thereafter upon any exercise of an Option NQSOs theretofore granted granted, the Optionee shall be entitled to purchase under such Optionpurchase, in lieu of the number of shares of Common Stock as to which Option NQSOs shall then be exercisable, the number and class of shares of stock and securities to which the Optionee would have been entitled pursuant to the terms of the Fundamental Change if, immediately prior to such Fundamental Change, the Optionee had been the holder of record of the number of shares of Common Stock as to which such option NQSOs is then exercisable.
Appears in 1 contract
Samples: Stock Option Agreement (AeroGrow International, Inc.)
Extraordinary Corporate Transactions. If the Company recapitalizes or ------------------------------------- otherwise changes its capital structure, or merges, consolidates, sells all of its assets or dissolves (each of the foregoing a "Fundamental Change"), then thereafter upon any exercise of an Option option theretofore granted the Optionee shall be entitled to purchase under such Optionoption, in lieu of the number of shares of Common Stock as to which Option option shall then be exercisable, the number and class of shares of stock and securities to which the Optionee would have been entitled pursuant to the terms of the Fundamental Change if, immediately prior to such Fundamental Change, the Optionee had been the holder of or record of the number of shares of Common Stock as to which such option is then exercisable. If the Company shall not be the surviving entity upon the occurrence of a Fundamental Change the Options granted hereunder shall be governed by subparagraph 6(j) of the Plan.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Mail Well I Corp)
Extraordinary Corporate Transactions. If the Company recapitalizes or otherwise changes its capital structure, or merges, consolidates, sells all of its assets or dissolves (each of the foregoing a "Fundamental Change"), then thereafter upon any exercise of an Option Options theretofore granted granted, the Optionee shall be entitled to purchase under such Optionpurchase, in lieu of the number of shares of Common Stock as to which Option Options shall then be exercisable, the number and class of shares of stock and securities to which the Optionee would have been entitled pursuant to the terms of the Fundamental Change if, immediately prior to such Fundamental Change, the Optionee had been the holder of record of the number of shares of Common Stock as to which such option Options is then exercisable.
Appears in 1 contract