Common use of Hostile Takeover Clause in Contracts

Hostile Takeover. Subject to Sections 5 and 6 below, in the event of a Hostile Takeover and regardless of whether the Employee’s employment with the Company is terminated in connection with the Hostile Takeover, each stock option granted for the Company’s securities (collectively the “Options”) and each share of restricted stock of the Company held by the Employee shall become fully vested and/or immediately exercisable, as applicable, immediately prior to the consummation of the transaction and with respect to the Options shall be exercisable to the extent so vested in accordance with the provisions of the Company’s stock option agreement and stock option plan pursuant to which such Options were granted.

Appears in 5 contracts

Samples: Change of Control Agreement (Conceptus Inc), Change of Control Agreement (Conceptus Inc), Change of Control Agreement (Conceptus Inc)

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Hostile Takeover. Subject to Sections 5 and 6 below, in the event of a Hostile Takeover and regardless of whether the Employee’s 's employment with the Company is terminated in connection with the Hostile Takeover, each stock option granted for the Company’s 's securities (collectively the “Options”"Option") and each share of restricted stock of the Company held by the Employee shall become fully vested and/or and immediately exercisable, as applicable, immediately prior to exercisable on the consummation effective date of the transaction and with respect to the Options shall be exercisable to the extent so vested in accordance with the provisions of the Company’s stock option agreement Stock Option Agreement and stock option plan Stock Option Plan pursuant to which such Options were Option was granted.

Appears in 1 contract

Samples: Control Agreement (Conceptus Inc)

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