Common use of Grant of Top-Up Stock Option Clause in Contracts

Grant of Top-Up Stock Option. Subject to the terms and conditions set forth herein, the Company hereby grants to the Merger Sub an irrevocable option (the "Top-Up Stock Option") to purchase that number of Shares (the "Top-Up Option Shares") equal to the number of Shares that, when added to the number of Shares owned by the Merger Sub, Parent and their Subsidiaries immediately following consummation of the Offer, shall constitute 90% of the Shares then outstanding (assuming the issuance of the Top-Up Option Shares) at a purchase price per Top-Up Option Share equal to the Per Share Amount; provided, however, that the Top-Up Stock Option shall not be exercisable if the number of Shares subject thereto exceeds the number of authorized Shares available for issuance. The Company agrees to provide Parent and the Merger Sub with information regarding the number of Shares available for issuance on an ongoing basis.

Grant of Top-Up Stock Option. Subject to the terms and conditions set forth herein, the Company hereby grants to the Merger Sub Subsidiary an irrevocable option (the "Top-Up Stock Option") to purchase that number of Shares (the "Top-Up Option Shares") equal to the number of Shares that, when added to the number of Shares owned by the Merger SubSubsidiary, Parent and their Subsidiaries immediately following consummation of the Offer, shall constitute 90% of the Shares then outstanding (assuming the issuance of the Top-Up Option Shares) at a purchase price per Top-Up Option Share equal to the Per Share AmountOffer Price; provided, however, that the Top-Up Stock Option shall not be exercisable if the number of Shares subject thereto exceeds the number of authorized Shares available for issuance. The Company agrees to provide Parent and the Merger Sub Subsidiary with information regarding the number of Shares available for issuance on an ongoing basis.

Grant of Top-Up Stock Option. Subject to the terms and conditions set forth herein, the Company hereby grants to the Merger Sub Subsidiary an irrevocable option (the "Top-Up Stock Option") to purchase that number of Shares (the "Top-Up Option Shares") equal to the number of Shares that, when added to the number of Shares owned by the Merger SubSubsidiary, Parent and their Subsidiaries Saint-Gobain immediately following consummation of the Offer, shall constitute 90% of the Shares then outstanding (assuming the issuance of the Top-Up Option Shares) at a purchase price per Top-Up Option Share equal to the Per Share AmountOffer Price; provided, however, that the Top-Up Stock Option shall not be exercisable if the number of Shares subject thereto exceeds the number of authorized Shares available for issuance. The Company agrees to provide Parent and the Merger Sub Subsidiary with information regarding the number of Shares available for issuance on an ongoing basis.

Grant of Top-Up Stock Option. Subject to the terms and conditions set forth herein, the Company hereby grants to the Merger Sub Purchaser an irrevocable option (the "Top-Up Stock Option") to purchase that number of authorized but unissued Shares (the "Top-Up Option Shares") equal to the number of Shares that, when added to the number of Shares owned by the Merger Sub, Purchaser and Parent and their Subsidiaries immediately following consummation of the Offer, shall constitute 9080.01% of the Fully Diluted Shares then outstanding (assuming the issuance of the Top-Up Option Shares) at a purchase price per Top-Up Option Share equal to the Per Share AmountOffer Price; provided, however, that in no event shall Purchaser have the Top-Up Stock Option shall not be exercisable if the right hereunder to purchase a number of Shares subject thereto that exceeds 19.9% of the number of authorized outstanding Shares available for issuanceon the date hereof. The Company agrees to provide Parent and the Merger Sub Purchaser with information regarding the number of authorized Shares available for issuance on an ongoing basis.

Grant of Top-Up Stock Option. Subject to the terms and conditions set forth herein, the Company hereby grants to the Merger Sub Purchaser an irrevocable option (the "Top-Up Stock Option") to purchase that number of Shares (the "Top-Up Option Shares") equal to the number of Shares that, when added to the number of Shares owned by the Merger SubPurchaser, Parent and their Subsidiaries immediately following consummation of the Offer, shall constitute 90% of the Shares then outstanding (assuming the issuance of the Top-Up Option Shares) at a purchase price per Top-Up Option Share equal to the Per Share AmountOffer Price; provided, however, that the Top-Up Stock Option shall not be exercisable if the number of Shares subject thereto exceeds the number of authorized Shares available for issuance. The Company agrees to provide Parent and the Merger Sub Purchaser with information regarding the number of Shares available for issuance on an ongoing basis.