Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 11 contracts
Samples: Stock Option Agreement (TPT Global Tech, Inc.), Stock Option Agreement (DigitalFX International Inc), Stock Option Agreement (Selectica Inc)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, it shall be a condition of exercise of this Option that the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 10 contracts
Samples: Incentive Stock Option Agreement (Biovest International Inc), Incentive Stock Option Agreement (Biovest International Inc), Incentive Stock Option Agreement (Biovest International Inc)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee Grantee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 5 contracts
Samples: Employment Agreement (Talecris Biotherapeutics Holdings Corp.), Employment Agreement (Talecris Biotherapeutics Holdings Corp.), Stock Option Award Agreement (Talecris Biotherapeutics Holdings Corp.)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option the Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 4 contracts
Samples: Stock Option Agreement (Saxon Capital Inc), Stock Option Agreement (Saxon Capital Inc), Stock Option Agreement (Saxon Capital Inc)
Investment Intent at Exercise. In the event that If the sale of Shares under the Plan this Agreement is not registered under the Securities Act but an exemption is available which that requires an investment representation or other representation, the Optionee shall will represent and agree at the time of exercise that the Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the their sale or distribution thereofdistribution, and shall will make such any other representations as that are deemed necessary or appropriate by the Company and its counsel.
Appears in 3 contracts
Samples: Stock Option Agreement (DDS Technologies Usa Inc), Stock Option Agreement (DDS Technologies Usa Inc), Stock Option Agreement (DDS Technologies Usa Inc)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 3 contracts
Samples: Stock Option Agreement (Driveway Corp), Non Qualified Stock Option Agreement (Jaco Electronics Inc), Stock Option Agreement (Cisco Systems Inc)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act Act, but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Insight Health Services Corp), Nonqualified Stock Option Agreement (Insight Health Services Corp)
Investment Intent at Exercise. In the event that If the sale of Shares shares of Stock under the Plan is not registered under the Securities Act federal or state securities laws, but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares shares of Stock being acquired upon exercising exercise of this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 2 contracts
Samples: Stock Option Agreement (Gulfport Energy Corp), Stock Option Agreement (Crimson Exploration Inc.)
Investment Intent at Exercise. In the event that If the sale of Shares shares of Common Stock under the Plan is not registered under the Securities Act federal or state securities laws, but an exemption is available which requires an investment representation or other representation, the Optionee Participant shall represent and agree at the time of exercise that the Shares being acquired upon exercising exercise of this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 2 contracts
Samples: Stock Option Agreement (Crimson Exploration Inc.), Stock Option Agreement (Crimson Exploration Inc.)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan Agreement is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Artisan Components Inc), Incentive Stock Option Agreement (Arm Holdings PLC)
Investment Intent at Exercise. In the event that If the sale of Shares shares of Common Stock under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 2 contracts
Samples: Stock Option Agreement (dELiAs, Inc.), Stock Option Agreement (dELiAs, Inc.)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan Stock issued upon exercise of the Options is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares Stock being acquired upon exercising this option are the Options is being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 2 contracts
Samples: Nonqualified Stock Option Award and Subscription Agreement (Magellan Petroleum Corp /De/), Nonqualified Stock Option Award and Subscription Agreement (Magellan Petroleum Corp /De/)
Investment Intent at Exercise. In the event that the sale of Option Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee Employee shall represent and agree at the time of exercise that the Option Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 2 contracts
Samples: Share Option Award Agreement (Archipelago Holdings L L C), Share Option Award Agreement (Archipelago Holdings L L C)
Investment Intent at Exercise. In the event that the sale of Shares under the 1997 Plan is not registered under the Securities Act but an exemption is available which requires an investment representation representations or other representationrepresentations, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option any exercise of the Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 2 contracts
Samples: Stock Option Agreement (Trega Biosciences Inc), Stock Option Agreement (Trega Biosciences Inc)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan this Agreement is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 2 contracts
Samples: Stock Option Agreement (I2 Technologies Inc), Nonstatutory Stock Option Agreement (Mission West Properties/New/)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, as set forth in the form of Notice of Exercise and Agreement Concerning Shares at Exhibit "A", and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Samples: Employee Stock Option Agreement (Chestatee Bancshares Inc)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act of 1933, as amended (the “Securities Act”) but an exemption is available which requires an investment representation or other representation, the Optionee Participant shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Flux Power Holdings, Inc.)
Investment Intent at Exercise. In the event that the sale of ----------------------------- any Shares under or the Plan Warrant is not registered under the Securities 1933 Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares or Warrant being acquired upon exercising this option the Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Investment Intent at Exercise. In the event that the sale of the Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee Grantee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Samples: Stock Option Award Agreement (Talecris Biotherapeutics Holdings Corp.)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.are
Appears in 1 contract
Samples: Nonstatutory Stock Option Agreement (Hambrecht & Quist Group Inc)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is ----------------------------- not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Samples: Nonstatutory Stock Option Agreement (North American Biologicals Inc)
Investment Intent at Exercise. In the event that If the sale of Shares under the Plan is are not registered under the Securities Act Act, but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Samples: Nonstatutory Stock Option Agreement (Healthsouth Corp)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act but an exemption is available which that requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is this Agreement are not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Thermogenesis Corp)
Investment Intent at Exercise. In the event that the sale of Shares Stock under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being Stock acquired upon exercising this option are the Option is being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option Agreement are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Investment Intent at Exercise. In the event that the sale of Common Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Common Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Investment Intent at Exercise. In the event that the sale of Option Shares under the Plan this Option Agreement is not registered under the Securities Act Act, but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Option Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Investment Intent at Exercise. In the event that the sale of Shares under the Plan this Agreement is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereofthereof in violation of applicable securities laws, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Samples: Deferred Compensation Relinquishment Opportunity Agreement (Brilliant Digital Entertainment Inc)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan that might be received upon exercise of this Option is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are set forth in the Shareholders' Agreement or which are deemed necessary or appropriate by the Company and its counsel.or
Appears in 1 contract
Samples: Nonstatutory Stock Option Agreement (Hambrecht & Quist Group Inc)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is are not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee Holder shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option warrant are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Investment Intent at Exercise. In the event that the sale of Shares under the Plan is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are set forth in the Shareholders' Agreement or which are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Samples: Nonstatutory Stock Option Agreement (Hambrecht & Quist Group Inc)
Investment Intent at Exercise. In the event that the sale of Shares under the Plan this Warrant is not registered under the Securities Act but an exemption is available which requires an investment representation or other representation, the Optionee Holder shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Samples: License Agreement Warrant to Purchase Common Stock (Xsunx Inc)
Investment Intent at Exercise. In the event that the sale of ----------------------------- Shares under the Plan is not registered under the Securities Act Act, but an exemption is available which requires an investment representation or other representation, it shall be a condition of exercise of this Option that the Optionee shall represent and agree at the time of exercise that the Shares being acquired upon exercising this option Option are being acquired for investment, and not with a view to the sale or distribution thereof, and shall make such other representations as are deemed necessary or appropriate by the Company and its counsel.
Appears in 1 contract
Samples: Stock Option Agreement (Hob Entertainment Inc /De/)