Common use of Full Exercisability Clause in Contracts

Full Exercisability. This option may be exercised at any time and from time to time for all or any portion of the Option Units, except that this option may not be exercised for a fraction of a unit. The foregoing right (subject to Sections D or E hereof if the Optionee ceases to be employed by the Company) may be exercised on or before the date which is ten years from the Grant Date. Option Units which are “Unvested Units,” as specified in paragraph (3) below, shall, if purchased, be subject to the Company’s Repurchase Option described in Section F unless and until they become “Vested Units” in accordance with paragraph (3) below. As of any date, the Option Units issued upon the exercise of this option on or before such date (the “Issued Units”) shall first be deemed to be Vested Units up to the number of Option Units that are Vested Units under Section C(2) above as of such date and any Issued Units in excess of the number of Vested Units as of such date shall be deemed to be Unvested Units. The term “Option Units” used without reference to either Unvested Units or Vested Units shall mean both Unvested Units and Vested Units, without distinction.

Appears in 2 contracts

Samples: Non Qualified Membership Unit Option Agreement (First United Ethanol LLC), Non Qualified Membership Unit Option Agreement (First United Ethanol LLC)

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Full Exercisability. This option may be exercised at any time and from time to time for all or any portion of the Option Units, except that this option may not be exercised for a fraction of a unit. The foregoing right (subject to Sections D or E hereof if the Optionee ceases to be employed by the Company) may be exercised on or before the date which is ten years from the Grant Date. Option Units which are “Unvested Units,” as specified in paragraph (3) below, shall, if purchased, be subject to the Company’s Repurchase Option described in Section F unless and until they become “Vested Units” in accordance with paragraph (3) below. As of any date, the Option Units issued upon the exercise of this option on or before such date (the “Issued Units”) shall first be deemed to be Vested Units up to the number of Option Units that are Vested Units under Section C(2C(3) above below as of such date and any Issued Units in excess of the number of Vested Units as of such date shall be deemed to be Unvested Units. The term “Option Units” used without reference to either Unvested Units or Vested Units shall mean both Unvested Units and Vested Units, without distinction.. Execution Version

Appears in 1 contract

Samples: Non Qualified Membership Unit Option Agreement (First United Ethanol LLC)

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Full Exercisability. This option may be exercised at any time and from time to time for all or any portion of the Option Units, except that this option may not be exercised for a fraction of a unit. The foregoing right (subject to Sections D or E hereof if the Optionee ceases to be employed by the Company) may be exercised on or before the date which is ten years from the Grant Date. Option Units which are “Unvested Units,” as specified in paragraph (3) below, shall, if purchased, be subject to the Company’s Repurchase Option described in Section F unless and until they become “Vested Units” in accordance with paragraph (3) below. As of any date, the Option Units issued upon the exercise of this option on or before such date (the “Issued Units”) shall first be deemed to be Vested Units up to the number of Option Units that are Vested Units under Section C(2C(3) above below as of such date and any Issued Units in excess of the number of Vested Units as of such date shall be deemed to be Unvested Units. The term “Option Units” used without reference to either Unvested Units or Vested Units shall mean both Unvested Units and Vested Units, without distinction.

Appears in 1 contract

Samples: Non Qualified Membership Unit Option Agreement (First United Ethanol LLC)

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