Common use of Form of Exercise Clause in Contracts

Form of Exercise. Each election to exercise this option shall be in writing, signed by the Participant, and received by the Company at its principal office located at Xxx Xxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxx Xxxxxxxxx 00000, accompanied by this agreement, and payment in full in one or more of the following manners: (1) in cash or by check, payable to the order of the Company; (2) by (i) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding or (ii) delivery by the Participant 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 and any required tax withholding, provided that the Company shall be under no obligation to deliver any Shares to the Participant or such broker until the Company has received payment in full therefor; (3) by delivery of shares of Common Stock owned by the Participant valued at their fair market value on the date of exercise as determined by (or in a manner approved by) the Board in good faith (“Fair Market Value”), provided (i) such method of payment is then permitted under applicable law and (ii) such Common Stock, if acquired directly from the Company, was owned by the Participant at least six months prior to such delivery; and (4) by a combination of the above permitted forms of payment. The Participant may purchase less than the number of shares covered hereby, provided that no partial exercise of this option may be for any fractional share or for fewer than one thousand whole shares.

Appears in 6 contracts

Samples: Nonstatutory Stock Option Agreement (Environmental Power Corp), Nonstatutory Stock Option Agreement (Environmental Power Corp), Nonstatutory Stock Option Agreement (Environmental Power Corp)

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Form of Exercise. Each election to exercise this option shall be in writing, signed by the Participant, and received by the Company at its principal office located at Xxx Xxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxx Xxxxxxxxx 00000, accompanied by this agreement, and payment in full in one or more of the following manners: (1i) in cash or by check, payable to the order of the Company; (2ii) by (i) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding or (ii) delivery by the Participant 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 and any required tax withholding, provided that the Company shall be under no obligation to deliver any Shares to the Participant or such broker until the Company has received payment in full therefor; (3iii) by delivery of shares of Common Stock owned by the Participant valued at their fair market value on the date of exercise as determined by (or in a manner approved by) the Board in good faith (“Fair Market Value”), provided (i) such method of payment is then permitted under applicable law and (ii) such Common Stock, if acquired directly from the Company, was owned by the Participant at least six months prior to such delivery; and (4iv) by a combination of the above permitted forms of payment. The Participant may purchase less than the number of shares covered hereby, provided that no partial exercise of this option may be for any fractional share or for fewer than one thousand whole shares.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (Environmental Power Corp), Nonstatutory Stock Option Agreement (Environmental Power Corp)

Form of Exercise. Each election to exercise this option shall be in writingwriting in the form of the Notice of Stock Option Exercise attached hereto or such other form as the Company shall accept, signed by the Participant, and received by the Company at its principal office located at Xxx Xxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxx Xxxxxxxxx 00000office, accompanied by this agreement, and payment in full in one or more full, using any of the following manners:methods (unless determined otherwise by the Board of Directors of the Company (the “Board”) in its sole discretion): (1i) in cash or by check, payable to the order of the Company; (2ii) by (iA) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding or (iiB) delivery by the Participant 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 and any required tax withholding, provided that the Company shall be under no obligation to deliver any Shares to the Participant or such broker until the Company has received payment in full therefor; (3iii) by delivery of shares of Common Stock Shares owned by the Participant Participant, or by attestation to the ownership of a sufficient number of Common Shares, valued at their fair market value on the date of exercise as determined by (or in a manner approved by) the Board in good faith (“Fair Market Value”)faith, provided (iA) such method methods of payment is are then permitted under applicable law and (iiB) such Common StockShares, if acquired directly from the Company, was were owned by the Participant at least six months prior to such delivery; andor (4iv) by a any combination of the above permitted forms of payment. The Participant may purchase less than the number of shares covered hereby, provided that no partial exercise of this option may be for any fractional share or for fewer than one thousand whole sharesshare.

Appears in 2 contracts

Samples: Nonqualified Share Option Agreement (Vistaprint LTD), Nonqualified Share Option Agreement (Vistaprint LTD)

Form of Exercise. Each election to exercise this option shall be in writing, signed by the Participant, and received by the Company at its principal office located at Xxx Xxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxx Xxxxxxxxx 00000, accompanied by this agreement, and payment in full in one or more of the following manners: (1) : • in cash or by check, payable to the order of the Company; (2) ; • by (i) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding or (ii) delivery by the Participant 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 and any required tax withholding, provided that the Company shall be under no obligation to deliver any Shares to the Participant or such broker until the Company has received payment in full therefor; (3) ; • by delivery of shares of Common Stock owned by the Participant valued at their fair market value on the date of exercise as determined by (or in a manner approved by) the Board in good faith (“Fair Market Value”), provided (i) such method of payment is then permitted under applicable law and (ii) such Common Stock, if acquired directly from the Company, was owned by the Participant at least six months prior to such delivery; and (4) and • by a combination of the above permitted forms of payment. The Participant may purchase less than the number of shares covered hereby, provided that no partial exercise of this option may be for any fractional share or for fewer than one thousand whole shares.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (Environmental Power Corp), Nonstatutory Stock Option Agreement (Environmental Power Corp)

Form of Exercise. Each election to exercise this option shall be in writing, in the form of the Stock Option Exercise Notice attached as Annex A, signed by the Participant, and received by the Company at its principal office located at Xxx Xxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxx Xxxxxxxxx 00000office, accompanied by this agreement, and or in such other form (which may be electronic) as is approved by the Company, together with payment in full in one or more of the following mannersas follows: (1) in cash or by check, payable to the order of the Company; (2) except as may otherwise be approved by the Board of Directors of the Company (the “Board”), by (i) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding or (ii) delivery by the Participant 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 and any required tax withholding, provided that the Company shall be under no obligation to deliver any Shares to the Participant or such broker until the Company has received payment in full therefor; ; (3) to the extent approved by the Board, by delivery (either by actual delivery or attestation) of shares of Common Stock owned by the Participant valued at their fair market value on (valued in the date of exercise as manner determined by (or in a manner approved by) the Board in good faith (“Fair Market Value”Board), provided (i) such method of payment is then permitted under applicable law and law, (ii) such Common Stock, if acquired directly from the Company, was owned by the Participant at least six months prior to for such delivery; and (4) by a combination minimum period of the above permitted forms of payment. The Participant may purchase less than the number of shares covered herebytime, provided that no partial exercise of this option if any, as may be for established by the Board, and (iii) such Common Stock is not subject to any fractional share repurchase, forfeiture, unfulfilled vesting or for fewer than one thousand whole shares.other similar requirements; (

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Arvinas, Inc.)

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Form of Exercise. Each election to exercise this option shall be in ---------------- writing, signed by the Participant, and received by the Company at its principal office located at Xxx Xxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxx Xxxxxxxxx 00000office, accompanied by this agreement, agreement and payment in full in one or more for the Shares purchased upon such exercise. Common Stock purchased upon the exercise of the following mannersthis option shall be paid for as follows: (1i) in cash or by check, payable to the order of the Company; ; (2ii) by (i) delivery of an irrevocable and unconditional undertaking by a creditworthy credit worthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding price, or (ii) delivery by the Participant to the Company of a copy of irrevocable and unconditional instructions to a creditworthy credit worthy broker to deliver promptly to the Company cash or a check sufficient to pay the exercise price and any required tax withholding, provided that the Company shall be under no obligation to deliver any Shares to the Participant or such broker until the Company has received payment in full therefor; price; (3iii) by delivery of shares of Common Stock owned by the Participant valued at their fair market value on the date of exercise Fair Value (as determined by (or in a manner approved by) the Board in good faith (“Fair Market Value”defined below), provided (i) such method of payment is then permitted under applicable law and (ii) such which Common Stock, if acquired directly from the Company, Stock was owned by the Participant at least six months prior to such delivery; and (4iv) if permitted by the Board, by delivery of a promissory note of the Participant to the Company on terms determined by the Board (and payment to the Company by the Participant of cash in an amount equal to the par value of the Shares purchased); or (v) any combination of the above permitted forms of payment. The Participant may purchase less than the number of shares Shares covered hereby, provided that no partial exercise of this option may be for any fractional share Share or for fewer than one thousand ten whole sharesShares.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Modus Media International Holdings Inc)

Form of Exercise. Each election to exercise this option shall be in writingwriting specifying the number of Shares to be exercised, the option exercise price per Share and delivery instructions for the Shares, signed by the Participant, and received by the Company at its principal office located at Xxx Xxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxx Xxxxxxxxx 00000office, accompanied by this agreement, and payment in full in one or more of the following mannersas follows: (1i) in cash or by check, payable to the order of the Company; or (ii) by delivery of cash or a check equal to the exercise price of the options by a creditworthy broker; (2iii) by (ix) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding or (iiy) delivery by the Participant 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 and any required tax withholding, provided that the Company shall be under no obligation to deliver any Shares to the Participant or such broker until the Company has received payment in full therefor; (3iv) by delivery of shares of Common Stock owned by the Participant valued at their fair market value on the date of exercise as determined by (or in a manner approved by) the Board in good faith (“Fair Market Value”)faith, provided (i) such method of payment is then permitted under applicable law and (ii) such with written proof that the Common Stock, if acquired directly from the Company, Stock was owned by the Participant at least six twelve months prior to such delivery; andor (4v) by a any combination of the above permitted forms of payment. The Participant may purchase less than the number of shares covered hereby, provided that no partial exercise of this option may be for any fractional share or for fewer than one thousand ten whole shares.

Appears in 1 contract

Samples: Employment Agreement (Keane, Inc.)

Form of Exercise. Each election to exercise this option shall be in writingwriting in the form of the Notice of Stock Option Exercise attached hereto or such other form as the Company may accept, signed by the Participant, Participant and received by the Company at its principal office located at Xxx Xxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxx Xxxxxxxxx 00000, office. Such notice shall be accompanied by this agreement, and payment in full in one or more using any of the following manners:methods (unless determined otherwise by the Company’s Supervisory Board in its sole discretion): (1i) in cash or by check, payable to the order of the Company; (2ii) by (iA) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding or (iiB) delivery by the Participant 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 and any required tax withholding, provided that the Company shall be under no obligation to deliver any Shares to the Participant or such broker until the Company has received payment in full therefor; (3iii) by delivery of shares of Common Stock Ordinary Shares owned by the Participant Participant, or by attestation to the ownership of a sufficient number of Ordinary Shares, valued at their fair market value on the date of exercise as determined by (or in a manner approved by) the Company’s Supervisory Board in good faith faith, so long as (“Fair Market Value”), provided (iA) such method methods of payment is are then permitted under applicable law and (iiB) such Common StockOrdinary Shares, if acquired directly from the Company, was were owned by the Participant at least six months prior to before such delivery; andor (4iv) by a any combination of the above permitted forms of payment. The Participant may purchase less fewer than the number of shares Shares covered hereby, provided that but no partial exercise of this option may be for any fractional share or for fewer than one thousand whole sharesshare.

Appears in 1 contract

Samples: Nonqualified Share Option Agreement (Vistaprint N.V.)

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