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Common use of Failure to Deliver Shares Clause in Contracts

Failure to Deliver Shares. If the Optionee (or his or her legal representative) who has become obligated to sell Shares hereunder shall fail to deliver such shares to the Company in accordance with the terms of this agreement, the Company may, at its option, in addition to all other remedies it may have, mail to the Optionee the purchase price for such shares as is herein specified. Thereupon, the Company: (i) shall cancel on its books the certificate or certificates representing such Shares to be sold; and (ii) shall issue, in lieu thereof, a new certificate or certificates in the name of the Company representing such Shares (or cancel such Shares), and thereupon all of such Optionee’s rights in and to such Shares shall terminate.

Appears in 11 contracts

Samples: Non Qualified Stock Option Agreement (Cyteir Therapeutics, Inc.), Employee Non Qualified Stock Option Agreement, Incentive Stock Option Agreement

Failure to Deliver Shares. If the Optionee Founder (or his or her legal representative) who has become obligated to sell Shares hereunder shall fail to deliver such shares Shares to the Company in accordance with the terms of this agreementAgreement, the Company may, at its option, in addition to all other remedies it may have, mail to the Optionee Founder the purchase price for such shares Shares as is herein specified. Thereupon, the Company: (i) shall cancel on its books the certificate or certificates representing such Shares to be sold; and (ii) shall issue, in lieu thereof, a new certificate or certificates in the name of the Company representing such Shares (or cancel such Shares), and thereupon all of such OptioneeFounder’s rights in and to such Shares shall terminate.

Appears in 4 contracts

Samples: Founder Stock Purchase Agreement (Consumer Cooperative Group Inc), Founder Stock Purchase and Shareholder Rights Agreement (Consumer Cooperative Group Inc), Founder Stock Restriction Agreement (Monogram Orthopaedics Inc)

Failure to Deliver Shares. If the Optionee (or his or her legal representative) who has become obligated to sell Shares hereunder shall fail to deliver such shares to the Company in accordance with the terms of this agreement, the Company may, at its option, in addition to all other remedies it may have, mail to the Optionee the purchase price for such shares as is herein specified. Thereupon, the Company: (i) shall cancel on its books the certificate or certificates representing such Shares to be sold; and (ii) shall issue, in lieu thereof, a new certificate or certificates in the name of the Company representing such Shares (or cancel such Shares), and thereupon all of such Optionee’s 's rights in and to such Shares shall terminate.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Enernoc Inc), Incentive Stock Option Agreement (Enernoc Inc), Incentive Stock Option Agreement (Enernoc Inc)

Failure to Deliver Shares. If the Optionee Stockholder (or his or her legal representative) who has become obligated to sell Shares hereunder shall fail to deliver such shares Shares to the Company in accordance with the terms of this agreement, the Company may, at its option, in addition to all other remedies it may have, mail to the Optionee Stockholder the purchase price for such shares Shares as is herein specified. Thereupon, the Company: (i) shall cancel on its books the certificate or certificates representing such Shares to be sold; and (ii) shall issue, in lieu thereof, a new certificate or certificates in the name of the Company representing such Shares (or cancel such Shares), and thereupon all of such OptioneeStockholder’s rights in and to such Shares shall terminate.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Fleetcor Technologies Inc), Restricted Stock Purchase Agreement (Repligen Corp)

Failure to Deliver Shares. If the Optionee (or his or her legal representative) who has become obligated to sell Shares hereunder shall fail to deliver such shares Shares to the Company in accordance with the terms of this agreement, the Company may, at its option, in addition to all other remedies it may have, mail to the Optionee the purchase exercise price for such shares Shares as is herein specified. Thereupon, the Company: (i) shall cancel on its books the certificate or certificates representing such Shares to be sold; and (ii) shall issue, in lieu thereof, a new certificate or certificates in the name of the Company representing such Shares (or cancel such Shares), and thereupon all of such Optionee’s rights in and to such Shares shall terminate.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Marinus Pharmaceuticals Inc), Non Qualified Stock Option Agreement (Marinus Pharmaceuticals Inc)

Failure to Deliver Shares. If the Optionee Buyer (or his or her legal representative) who has become obligated to sell Shares hereunder shall fail to deliver such shares Shares to the Company in accordance with the terms of this agreementAgreement, the Company may, at its option, in addition to all other remedies it may have, mail to the Optionee Buyer the purchase price for such shares Shares as is herein specified. Thereupon, the Company: (i) shall cancel on its books the certificate or certificates representing such Shares to be sold; and (ii) shall issue, in lieu thereof, a new certificate or certificates in the name of the Company representing such Shares (or cancel such Shares), and thereupon all of such OptioneeBuyer’s rights in and to such Shares shall terminate.

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Intelligent Buying, Inc.)

Failure to Deliver Shares. If if the Optionee (or his or her legal representative) who has become obligated to sell Shares hereunder shall fail to deliver such shares to the Company in accordance with the terms of this agreement, the Company may, at its option, in addition to all other remedies it may have, mail to the such Optionee the purchase price for such shares as is herein specified. Thereupon, the Company: (i) shall cancel on its books the certificate or certificates representing such Shares to be sold; and (ii) shall issue, in lieu thereof, a new certificate or certificates in the name of the Company representing such Shares (or cancel such Shares), and thereupon all of such Optionee’s rights in and to such Shares shall terminate.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement

Failure to Deliver Shares. If the Optionee Employee (or his or her legal representative) who has become obligated to sell Shares hereunder shall fail to deliver such shares to the Company in accordance with the terms of this agreement, the Company may, at its option, in addition to all other remedies it may have, mail to the Optionee Employee the purchase price for such shares as is herein specified. Thereupon, the Company: (i) shall cancel on its books the certificate or certificates representing such Shares to be sold; and (ii) shall issue, in lieu thereof, a new certificate or certificates in the name of the Company representing such Shares (or cancel such Shares), and thereupon all of such OptioneeEmployee’s rights in and to such Shares shall terminate.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Acell Inc)