Common use of Form of Exercise Clause in Contracts

Form of Exercise. Each election to exercise the Option shall be in writing, signed by Executive, and received by the Company at its principal office, accompanied by a copy of this Agreement and by payment in full as provided below. Executive may purchase less than the number of Shares covered by the Option, provided that no partial exercise of the Option may be for any fractional share or for fewer than 100 whole shares of Common Stock. Payment shall be as follows: (i) in cash or by check, payable to the order of the Company; (ii) in the sole discretion of the authorized administrator of the Plan, (A) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price or (B) delivery by Executive to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the exercise price; (iii) delivery of shares of Common Stock owned by Executive valued at fair market value, as determined in the sole discretion of the board of directors of the Company, which Common Stock was owned by Executive at least six months prior to such delivery; (iv) to the extent permitted by the authorized administrator of the Plan, in its sole discretion, by payment of such other lawful consideration as the authorized administrator of the Plan may determine; or (v) any combination of the above permitted forms of payment.

Appears in 10 contracts

Samples: Option Agreement (Beacon Power Corp), Option Agreement (Beacon Power Corp), Restricted Stock Unit and Option Agreement (Beacon Power Corp)

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Form of Exercise. Each election to exercise the Option shall be in writing, signed by Executive, and received by the Company at its principal office, accompanied by a copy of this Agreement and by payment in full as provided below. Executive may purchase less than the number of Shares covered by the Option, provided that no partial exercise of the Option may be for any fractional share or for fewer than 100 whole shares of Common Stock. Payment shall be as follows: (i) in cash or by check, payable to the order of the Company; (ii) in the sole discretion of the authorized administrator of the Plan, (A) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price or (B) delivery by Executive to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the exercise price; (iii) delivery of shares of Common Stock owned by Executive valued at fair market value, as determined in the sole discretion of the board of directors of the Company, which Common Stock was owned by Executive at least six months prior to such delivery; (iv) to the extent permitted by the authorized administrator of the Plan, in its sole discretion, by payment of such other lawful consideration as the authorized administrator of the Plan may determine; or (v) any combination of the above permitted forms of payment. A certificate or certificates for the Shares purchased shall be issued by the Company after the exercise of the Option and payment therefor, including the provision for any federal and state withholding taxes, and other applicable employment taxes.

Appears in 6 contracts

Samples: Restricted Stock Unit and Option Agreement (Beacon Power Corp), Restricted Stock Unit and Option Agreement (Beacon Power Corp), Restricted Stock Unit and Option Agreement (Beacon Power Corp)

Form of Exercise. Each election to exercise the Option this option shall be in writing, signed by Executivethe Optionee, and received by the Company at its principal office, accompanied by a copy of this Agreement agreement and by payment in full as provided below. Executive The Optionee may purchase less than the number of Shares covered by the Optionhereby, provided that no partial exercise of the Option this option may be for any fractional share or for fewer than 100 whole shares of Common Stockshares. Payment shall be as follows: (i) in cash or by check, payable to the order of the Company; (ii) in the sole discretion of the authorized administrator of the Plan, (A) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price or (B) delivery by Executive the Optionee to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the exercise price; (iii) delivery of shares of Common Stock owned by Executive the Optionee valued at fair market value, as determined in the sole discretion of the board of directors of the Companydirectors, which Common Stock was owned by Executive the Optionee at least six months prior to such delivery; (iv) to the extent permitted by the authorized administrator of the Plan, in its sole discretion, by payment of such other lawful consideration as the authorized administrator of the Plan may determine; or (v) any combination of the above permitted forms of payment.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Beacon Power Corp)

Form of Exercise. Each election to exercise the Option this option shall be in writing, signed by Executivethe Optionee, and received by the Company at its principal office, accompanied by a copy of this Agreement agreement and by payment in full as provided below. Executive The Optionee may purchase less than the number of Shares shares covered by the Optionhereby, provided that no partial exercise of the Option this option may be for any fractional share or for fewer than 100 whole shares of Common Stockshares. Payment shall be as follows: (i) in cash or by check, payable to the order of the Company; (ii) in the sole discretion of the authorized administrator of the Plan, (A) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price or (B) delivery by Executive the Optionee to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the exercise price; (iii) at such time as the Common Stock is registered under the Exchange Act, delivery of shares of Common Stock owned by Executive the Optionee valued at fair market value, as determined in the sole discretion of the board of directors of the CompanyFair Market Value, which Common Stock was owned by Executive the Optionee at least six months prior to such delivery; (iv) to the extent permitted by the authorized administrator of the Plan, in its sole discretion, by payment of such other lawful consideration as the authorized administrator of the Plan may determine; or (v) any combination of the above permitted forms of payment.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Beacon Power Corp)

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Form of Exercise. Each election to exercise the Option shall be in writing, signed by Executive, and received by the Company at its principal office, accompanied by a copy of this Agreement and by payment in full as provided below. Executive may purchase less than the number of Shares covered by the Option, provided BOS 574461.3 that no partial exercise of the Option may be for any fractional share or for fewer than 100 whole shares of Common Stock. Payment shall be as follows: (i) in cash or by check, payable to the order of the Company; (ii) in the sole discretion of the authorized administrator of the Plan, (A) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price or (B) delivery by Executive to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the exercise price; (iii) delivery of shares of Common Stock owned by Executive valued at fair market value, as determined in the sole discretion of the board of directors of the Company, which Common Stock was owned by Executive at least six months prior to such delivery; (iv) to the extent permitted by the authorized administrator of the Plan, in its sole discretion, by payment of such other lawful consideration as the authorized administrator of the Plan may determine; or (v) any combination of the above permitted forms of payment.

Appears in 1 contract

Samples: Option Agreement (Beacon Power Corp)

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