Common use of FAILURE TO TRANSFER RESTRICTED SHARES Clause in Contracts

FAILURE TO TRANSFER RESTRICTED SHARES. If the Selling Stockholder fails, for any reason, to tender any certificates representing Restricted Shares in accordance with SECTION 3, 4 or 5, the Corporation may, at its option, in addition to all other remedies it may have, send to the Selling Stockholder the purchase price for such Restricted Shares as is herein specified. Thereupon, the Corporation shall cancel on its books the certificate or certificates representing the Restricted Shares to be repurchased and all of the Selling Stockholder's rights in and to such Restricted Shares shall terminate. If the Corporation and the Other Stockholders do not repurchase all of the shares represented by such certificate, the Corporation will issue a new certificate to the Selling Stockholder representing the Restricted Shares which were not repurchased by the Corporation and the Other Stockholders.

Appears in 4 contracts

Samples: Restricted Stock Agreement (optionsXpress Holdings, Inc.), Restricted Stock Agreement (optionsXpress Holdings, Inc.), Restricted Stock Agreement (optionsXpress Holdings, Inc.)

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