Investor Required Agreements. If in connection with the consummation of an equity financing by the Company other than a public offering by the Company, the equity investor or investors require as a condition to their making an investment in the Company that one or more groups of optionees, with respect to shares of stock that may be owned by Optionee, enter into buy-sell, voting, co-sale, right of first refusal or other agreements with the Company and/or such investor or investors, and if the Optionee is a member of such group or groups of optionees, upon written request of the Company, the Optionee agrees to enter into such agreement or agreements, provided, however, that, without Optionee’s consent, which consent shall not be unreasonably withheld, any rights of first refusal or other call options on Optionee’s shares shall not be a price materially lower than the price that would apply under Paragraph 4(k)(iii) above.
Appears in 5 contracts
Samples: Nonqualified Stock Option Agreement (Bluestem Brands, Inc.), Incentive Stock Option Agreement (Bluestem Brands, Inc.), Nonqualified Stock Option Agreement (Bluestem Brands, Inc.)
Investor Required Agreements. If in connection with the consummation of an equity financing by the Company other than a public offering by the Company, the equity investor or investors require as a condition to their making an investment in the Company that one or more groups of optioneesstockholders, with respect to shares of Company stock that may be owned by Optioneesuch stockholders, enter into buy-sell, voting, co-sale, right of first refusal or other agreements with the Company and/or such investor or investors, and if the Optionee Participant is a member of such group or groups of optioneesstockholders, upon written request of the Company, the Optionee Participant agrees to enter into such agreement or agreements, provided, however, that, without OptioneeParticipant’s consent, which consent shall not be unreasonably withheld, any rights of first refusal or other call options on OptioneeParticipant’s shares shall not be a price materially lower than the price that would apply under Paragraph 4(k)(iiiSection 4(h)(iii) above.
Appears in 2 contracts
Samples: Restricted Stock Award Agreement (Bluestem Brands, Inc.), Nonqualified Stock Option Agreement (Bluestem Brands, Inc.)
Investor Required Agreements. If in connection with the consummation of an equity financing by the Company other than a public offering by the Company, the equity investor or investors require as a condition to their making an investment in the Company that one or more groups of optioneesParticipants, with respect to shares of stock that may be owned by OptioneeParticipant, enter into buy-sell, voting, co-sale, right of first refusal or other agreements with the Company and/or such investor or investors, and if the Optionee Participant is a member of such group or groups of optioneesParticipants, upon written request of the Company, the Optionee Participant agrees to enter into such agreement or agreements, provided, however, that, without OptioneeParticipant’s consent, which consent shall not be unreasonably withheld, any rights of first refusal or other call options on OptioneeParticipant’s shares shall not be a price materially lower than the price that would apply under Paragraph 4(k)(iii) above.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Bluestem Brands, Inc.), Restricted Stock Agreement (Bluestem Brands, Inc.)