Common use of Forms of Consideration Authorized Clause in Contracts

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 46 contracts

Samples: Stock Option Agreement (Qt Imaging Holdings, Inc.), Stock Option Agreement (AEye, Inc.), Stock Option Agreement (Navitas Semiconductor Corp)

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Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check check, or in cash equivalent; , (ii) if permitted by tender to the Company, or attestation to the ownership, of whole shares of Stock owned by the Company and subject to Optionee having a Fair Market Value not less than the limitations contained aggregate Exercise Price, (iii) by means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 17 contracts

Samples: Executive Employment Agreement (Ambrx Inc), Securities Agreement (Pacific DataVision, Inc.), Nonemployee Director Option Agreement (Granite Construction Inc)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, cash or by check or in cash equivalent; , (ii) if permitted by the Company and subject Company, by tender to the limitations contained Company, or attestation to the ownership, of whole shares of Stock owned by the Participant having a Fair Market Value not less than the aggregate Exercise Price, (iii) by means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 15 contracts

Samples: Stock Option Agreement (PROS Holdings, Inc.), Stock Option Agreement (PDL Biopharma, Inc.), Stock Option Agreement (Super Micro Computer, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in by cash equivalent; equivalent or (ii) if permitted by the Company and subject to the limitations contained means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 9 contracts

Samples: Nonstatutory Stock Option Agreement (Adobe Systems Inc), Nonstatutory Stock Option Agreement (Adobe Systems Inc), Nonstatutory Stock Option Agreement (Adobe Systems Inc)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check check, or in cash equivalent; , (ii) if permitted by tender to the Company of whole shares of Stock owned by the Company and subject to Participant having a Fair Market Value not less than the limitations contained aggregate Exercise Price, (iii) by means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 6 contracts

Samples: Stock Option Agreement (Q2 Holdings, Inc.), Stock Option Agreement (Q2 Holdings, Inc.), Stock Option Agreement (Q2 Holdings, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check check, or in cash equivalent; , (ii) if permitted by tender to the Company, or attestation to the ownership, of whole shares of Stock owned by the Company and subject to Participant having a Fair Market Value not less than the limitations contained aggregate Exercise Price, (iii) by means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 6 contracts

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

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check check, or in cash equivalent; , (ii) if permitted by tender to the Company of whole shares of Stock owned by the Company and subject to Optionee having a Fair Market Value not less than the limitations contained in Section 4.3(b)aggregate Exercise Price, (iii) by means of (1) a Cashless Exercise, (2) a Net-Exerciseas defined in Section 4.3(c), or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 4 contracts

Samples: Nonstatutory Stock Option Agreement (Power Integrations Inc), Nonstatutory Stock Option Agreement (Adobe Systems Inc), Nonstatutory Stock Option Agreement (Adobe Systems Inc)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check check, or in cash equivalent; (ii) if permitted by tender to the Company, or attestation to the ownership, of whole shares of Stock owned by the Company and subject to Optionee having a Fair Market Value not less than the limitations contained aggregate Exercise Price; (iii) by means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 4 contracts

Samples: Stock Option Agreement (Finisar Corp), Nonstatutory Stock Option Agreement (Finisar Corp), Stock Option Agreement (Finisar Corp)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; , (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Stock Tender Exercise, (2) a Net-Exercise, Cashless Exercise or (3) a Stock Tender Net-Exercise; or (iii) by any combination of the foregoing.

Appears in 3 contracts

Samples: Securities Purchase Agreement (AEye, Inc.), Stock Option Agreement (SmartRent, Inc.), Securities Purchase Agreement (Newlink Genetics Corp)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, or (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 2 contracts

Samples: Stock Option Agreement (Adaptive Biotechnologies Corp), Stock Option Agreement (Magnachip Semiconductor LLC)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b5.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 2 contracts

Samples: Performance Stock Option Agreement (Kadmon Holdings, Inc.), Performance Stock Option Agreement (Kadmon Holdings, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock Shares for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Share Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 2 contracts

Samples: Share Option Agreement (Isola Group Ltd.), Share Option Agreement (Isola Group Ltd.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b4.4(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 2 contracts

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

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Net Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 2 contracts

Samples: Stock Option Agreement (Facet Biotech Corp), Stock Option Agreement (Grand Canyon Education, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.;

Appears in 1 contract

Samples: Stock Option Agreement (Quotient Technology Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing. A Net-Exercise is not available with respect any Option intended to be an Incentive Stock Option.

Appears in 1 contract

Samples: Stock Option Agreement (Zeltiq Aesthetics Inc)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; , (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Securities Purchase Agreement (Rubicon Project, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.in

Appears in 1 contract

Samples: Stock Option Agreement (Trident Microsystems Inc)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; , (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Stock Tender Exercise, (2) a Cashless Exercise, (23) a Net-Exercise, or (34) a Stock Tender Exercisepromissory note subject to such terms and conditions as the Company may prescribe; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Securities Purchase Agreement (Conatus Pharmaceuticals Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check check, or in cash equivalent; (ii) if permitted , by tender to the Company, or attestation to the ownership, of whole shares of Stock owned by the Company and subject to Optionee having a Fair Market Value not less than the limitations contained aggregate Exercise Price, (iii) by means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 1 contract

Samples: Securities Purchase Agreement (Axesstel Inc)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.,

Appears in 1 contract

Samples: Securities Purchase Agreement

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock Common Shares for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender ExerciseSurrender, or (4) by such other consideration as may be approved by the Committee from time to time to the extent ‎permitted by Applicable Law‎; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Stock Option Agreement (Quipt Home Medical Corp.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cashcash or by check, by check or in cash equivalent; (ii) if permitted by the Company and subject Company, by tender to the limitations contained Company, or attestation to the ownership, of whole shares of Stock owned by the Participant having a Fair Market Value not less than the aggregate Exercise Price, (iii) by means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 1 contract

Samples: Stock Option Agreement (Inphonic Inc)

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Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock Common Shares for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exerciseby such other consideration as may be approved by the Committee from time to time to the extent ‎permitted by Applicable Law‎; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Stock Option Agreement (Quipt Home Medical Corp.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock Shares for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) to the extent permitted by the Plan, a Net-Net Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Stock Option Agreement (Dts, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), 5.3(b)5.3(b) by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Non Plan Stock Option Agreement (GenMark Diagnostics, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; , (ii) if permitted by tender to the Company, or attestation to the ownership, of shares of Stock owned by the Company and subject to Optionee having a Fair Market Value not less than the limitations contained aggregate Exercise Price, (iii) by means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoingthereof.

Appears in 1 contract

Samples: Stock Option Agreement (Aastrom Biosciences Inc)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check check, or in cash equivalent; , (ii) if permitted by the Company and subject to the limitations contained means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Stock Option Agreement (Emulate Therapeutics, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b)4.4(b) below, by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Non Statutory Stock Option Agreement (Jamba, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock Shares for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) to the extent permitted by the Plan, a Net-Net Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Stock Option Agreement (Dts, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment Payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall may be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b3.3(b), by means of (1) a Cashless Stock Tender Exercise, (2) a Net-Cashless Exercise, or (3) a Stock Tender Net-Exercise; (4) by such other consideration as may be approved by the Board from time to time to the extent permitted by applicable law; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Securities Purchase Agreement (Alpha Teknova, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; , (ii) if permitted by the Company and subject Company, by tender to the limitations contained Company, or attestation to the ownership, of whole shares of Stock owned by the Participant having a Fair Market Value not less than the aggregate Exercise Price, (iii) by means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 1 contract

Samples: Stock Option Agreement (Mobile Mini Inc)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check check, or in cash equivalent; , (ii) if permitted by tender to the Company of whole shares of Stock owned by the Company and subject to Optionee having a Fair Market Value not less than the limitations contained in Section 4.3(b)aggregate Exercise Price, (iii) by means of (1) a Cashless Exercise, (2) a Net-Exerciseas defined in Section D.3.c, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Ciena Corp)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, cash or by check or in cash equivalent; , (ii) if permitted by the Company and subject Company, by tender to the limitations contained Company, or attestation to the ownership, of whole shares of Stock owned by the Participant having a Fair Market Value not less than the ageregate Exercise Price, (iii) by means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 1 contract

Samples: Securities Purchase Agreement (Conatus Pharmaceuticals Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; , (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Stock Tender Exercise, (2) a Net-Exercise, Cashless Exercise or (3) a Stock Tender Net Exercise; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Stock Option Agreement (Gemphire Therapeutics Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock for which the Option is being exercised shall be made (i) in cash, by check check, or in cash equivalent; , (ii) if permitted by tender to the Company, or attestation to the ownership, of whole shares of Stock owned by the Company and subject to Participant having a Fair Market Value not less than the limitations contained aggregate Exercise Price (as defined in the Notice), (iii) by means of a Cashless Exercise, as defined in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iiiiv) by any combination of the foregoing.

Appears in 1 contract

Samples: Stock Option Agreement (Rivulet Media, Inc.)

Forms of Consideration Authorized. Except as otherwise provided below, payment of the aggregate Exercise Price for the number of shares of Stock Shares for which the Option is being exercised shall be made (i) in cash, by check or in cash equivalent; (ii) if permitted by the Company and subject to the limitations contained in Section 4.3(b), by means of (1) a Cashless Exercise, (2) a Net-Exercise, or (3) a Stock Tender Exercise; or (iii) by any combination of the foregoing.

Appears in 1 contract

Samples: Stock Option Agreement (Everi Holdings Inc.)

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