Common use of Financing Clause in Contracts

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 61 contracts

Samples: Stock Option Agreement (Soligenix, Inc.), Stock Option Agreement (Positron Corp), Stock Option Agreement (Positron Corp)

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Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse recourse, interest-bearing promissory note payable to the Corporationsecured by those Option Shares. The terms of payment schedule in effect for any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 31 contracts

Samples: Stock Option Agreement (Sky440, Inc.), Stock Option Agreement (Sky440, Inc.), Stock Option Agreement (T3 Motion, Inc.)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporationnote. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 23 contracts

Samples: Stock Option Agreement (Vista Medical Technologies Inc), Stock Option Agreement (I2 Technologies Inc), Stock Option Agreement (I2 Technologies Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporationbearing interest at a market rate and secured by those Option Shares. The terms of payment schedule in effect for any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 11 contracts

Samples: Stock Option Agreement (Caribou Biosciences, Inc.), Stock Option Agreement (Caribou Biosciences, Inc.), Stock Option Agreement

Financing. The Plan Administrator may, in its absolute --------- discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 11 contracts

Samples: Stock Option Agreement (Multex Com Inc), Stock Option Agreement (Rainmaker Systems Inc), Stock Option Agreement (Stamps Com Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares (to the extent such Exercise Price is in excess of the par value of those shares) by delivering a full-recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 9 contracts

Samples: Stock Option Agreement (Align Technology Inc), Stock Option Agreement (Collegeclub Com Inc), Stock Option Agreement (Websense Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the CorporationCompany. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 6 contracts

Samples: Option Agreement, Option Agreement, Non Statutory Stock Option Agreement (1 800 Flowers Com Inc)

Financing. The Plan Administrator may, in its absolute --------- discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse recourse, interest-bearing promissory note payable to the Corporationsecured by those Option Shares. The terms of payment schedule in effect for any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 5 contracts

Samples: Stock Option Agreement (Prime Response Inc/De), Stock Option Agreement (Sequenom Inc), Stock Option Agreement (Digital Island Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased purchase Option Shares by delivering a full-recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 4 contracts

Samples: Stock Option Grant (Global E Tutor Inc), Stock Option Grant (Rx Technology Holdings Inc), Stock Option Grant (Xenonics Holdings, Inc.)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares (to the extent such Exercise Price is in excess of the par value of those shares) by delivering a full-recourse recourse, interest-bearing promissory note payable to the Corporationsecured by those Option Shares. The terms of payment schedule in effect for any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 4 contracts

Samples: Stock Option Agreement, Stock Option Agreement (Danger Inc), Stock Option Agreement (Upek Inc)

Financing. The Plan Administrator may, in its absolute discretion --------- and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse recourse, interest-bearing promissory note payable to the Corporationsecured by those Option Shares. The terms of payment schedule in effect for any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 4 contracts

Samples: Stock Option Agreement (Prime Response Inc/De), Stock Option Agreement (Credence Systems Corp), Stock Option Agreement (Iteris Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 4 contracts

Samples: Stock Option Agreement (E Trade Group Inc), Stock Option Agreement (Theratx Inc /De/), Stock Option Agreement (Willis Lease Finance Corp)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporationnote. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.note

Appears in 4 contracts

Samples: Stock Option Agreement (Pervasive Software Inc), Stock Option Agreement (Onyx Acceptance Corp), Stock Option Agreement (Act Networks Inc)

Financing. The Plan Administrator may, in its absolute discretion and --------- without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 4 contracts

Samples: Stock Option Agreement (Comps Com Inc), Stock Option Agreement (Atl Products Inc), Stock Option Agreement (Digital Island Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to in one or more installments bearing interest at a market rate and secured by the Corporationpurchased shares. The remaining terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 3 contracts

Samples: Stock Option Agreement (Broadcom Corp), Non Exempt Employee Stock Option Agreement (Broadcom Corp), Stock Option Agreement (Broadcom Corp)

Financing. The Plan Administrator may, in its absolute discretion and made without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the CorporationCompany. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 3 contracts

Samples: Stock Option Agreement (Vital Farms, Inc.), Stock Option Agreement (Vital Farms, Inc.), Stock Option Agreement (Vital Farms, Inc.)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares (to the extent such Exercise Price is in excess of the par value of those shares) by delivering a full-recourse recourse, interest-bearing promissory note payable to the Corporationsecured by those Option Shares. The payment schedule and other terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 3 contracts

Samples: Stock Option Agreement (Active Network Inc), Stock Option Agreement (Active Network Inc), Stock Option Agreement (Active Network Inc)

Financing. The Plan Administrator may, in its absolute discretion --------- and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 3 contracts

Samples: Stock Option Agreement (Portal Software Inc), Stock Option Agreement (Vialink Co), Stock Option Agreement (Geocities)

Financing. The Plan Administrator may, in its absolute discretion and --------- without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 3 contracts

Samples: Non Statutory Stock Option Agreement (E Trade Group Inc), Non Statutory Stock Option Agreement (E Trade Group Inc), Non Statutory Stock Option Agreement (E Trade Group Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporationnote. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.discretion.1

Appears in 2 contracts

Samples: Stock Option Agreement (I2 Technologies Inc), Stock Option Agreement (I2 Technologies Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporationnote. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion. (1) Authorization of payment of the Exercise Price by a promissory note may, under currently proposed Treasury Regulations, result in the loss of incentive stock option treatment under the Federal tax laws.

Appears in 2 contracts

Samples: Employment Agreement (Hyperion Solutions Corp), Stock Option Agreement (Cisco Systems Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares (to the extent such Exercise Price is in excess of the par value of those shares) by delivering a full-recourse promissory note payable to the Corporationbearing interest at a market rate and secured by those Option Shares. The terms of payment schedule in effect for any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 2 contracts

Samples: Stock Option Agreement (Pacira Pharmaceuticals, Inc.), Stock Option Agreement (Symantec Corp)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse recourse, interest-bearing promissory note payable to secured by those Option Shares, provided that Optionee is not a member of the Board or an officer of the Corporation. The terms of payment schedule in effect for any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 2 contracts

Samples: Stock Option Agreement (Ceres, Inc.), Stock Option Agreement (Ceres, Inc.)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse recourse, interest-bearing promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 2 contracts

Samples: Non Exempt Employee Stock Option Agreement (Broadcom Corp), Stock Option Agreement (Broadcom Corp)

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Financing. The Plan Administrator may, in its absolute --------- discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 1 contract

Samples: Non Statutory Stock Option Agreement (E Trade Group Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 1 contract

Samples: Stock Option Agreement (Globecomm Systems Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable bearing interest at a market rate and secured by those Option Shares; provided, however, that if Optionee is a consultant, the note must be secured by collateral in addition to the Corporationpurchased Option Shares. The terms of payment schedule in effect for any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 1 contract

Samples: Share Option Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse recourse, interest-bearing promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.promissory

Appears in 1 contract

Samples: Stock Option Agreement (Broadcom Corp)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse recourse, interest-bearing promissory note payable to the Corporationsecured by those Option Shares. The payment schedule and other terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion. However, any promissory note delivered by a consultant must be secured by collateral in addition to the purchased shares of Common Stock.

Appears in 1 contract

Samples: Stock Option Agreement (Cisco Systems Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporationnote. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.discretion.1/

Appears in 1 contract

Samples: Stock Option Agreement (Atlantic Pharmaceuticals Inc)

Financing. The To the extent permitted by applicable law, the Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares (to the extent such Exercise Price is in excess of the par value of those shares) by delivering a full-recourse promissory note payable to the Corporationbearing interest at a market rate and secured by those Option Shares. The terms of payment schedule in effect for any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 1 contract

Samples: Stock Option Agreement (Crocs, Inc.)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares (to the extent such Exercise Price is in excess of the par value of those shares) by delivering a full-recourse promissory note payable to the Corporationbearing interest at a market rate. The terms of payment schedule in effect for any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 1 contract

Samples: Stock Option Agreement (Kior Inc)

Financing. The To the extent permitted by law, the Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares (to the extent such Exercise Price is in excess of the par value of those shares) by delivering a full-recourse promissory note payable to the CorporationCorporation and bearing a market rate of interest, compounded semi-annually, as determined by the Plan Administrator. The remaining terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 1 contract

Samples: Stock Option Agreement (Intrusion Inc)

Financing. The Plan Administrator plan administrator may, in its absolute discretion and --------- without any obligation to do so, permit Optionee optionee to pay the Exercise Price exercise price for the purchased Option Shares option shares by delivering a full-recourse promissory note payable to the Corporationcorporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator plan administrator in its sole discretion.

Appears in 1 contract

Samples: Stock Option Agreement (Comps Com Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares (to the extent such Exercise Price is in excess of the par value of those shares) by delivering a full-recourse promissory note payable to the CorporationCorporation and bearing a market rate of interest, compounded semi-annually, as determined by the Plan Administrator. The remaining terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 1 contract

Samples: Stock Option Agreement (Ligand Pharmaceuticals Inc)

Financing. The Plan Administrator may, in its absolute --------- discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse recourse, interest-bearing promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established secured by the Plan Administrator in its sole discretion.those

Appears in 1 contract

Samples: Stock Option Agreement (Naviant Inc)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-full- recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 1 contract

Samples: Stock Option Agreement (Touchstone Software Corp /Ca/)

Financing. The Plan Administrator may, in its absolute discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporation. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 1 contract

Samples: Stand Alone Stock Option Agreement (Predictive Systems Inc)

Financing. The Plan Administrator may, in its absolute --------- discretion and without any obligation to do so, permit Optionee to pay the Exercise Price for the purchased Option Shares by delivering a full-recourse promissory note payable to the Corporationnote. The terms of any such promissory note (including the interest rate, the requirements for collateral and the terms of repayment) shall be established by the Plan Administrator in its sole discretion.

Appears in 1 contract

Samples: Stock Option Agreement (Emcore Corp)

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