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 in Control (each of the foregoing a “Fundamental Change”), then thereafter upon the exercise of any portion of the Stock Option, the Participant shall be entitled to purchase under the Stock Option, in lieu of the number of shares of Common Stock as to which the Stock Option shall then be exercisable, the number and class of shares of stock and securities to which the Participant would have been entitled pursuant to the terms of the Fundamental Change as if, immediately prior to such Fundamental Change, the Participant had been the holder of record of the number of shares of Common Stock as to which the Stock Option is then exercisable.
Appears in 4 contracts
Samples: Nonqualified Stock Option Agreement (Franklin Bank Corp), Incentive Stock Option Agreement (Franklin Bank Corp), Incentive 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 and such transaction is not a Change in of Control (each of the foregoing a “Fundamental Change”), then thereafter upon the any exercise of any portion of the Stock OptionOption hereunder, the Participant Optionee shall be entitled to purchase under the Stock Option, in lieu of the number of shares of Common Stock as to which the Stock Option shall then be exercisable, the number and class of shares of stock and securities to which the Participant Optionee would have been entitled pursuant to the terms of the Fundamental Change as if, immediately prior to such Fundamental Change, the Participant Optionee had been the holder of record of the number of shares of Common Stock as to which the Stock Option is then exercisable.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Franklin Bank Corp), Incentive Stock Option Agreement (Franklin Bank Corp)