Issuance and Redemption of Securities. Except as required by the Option Agreement or the Company Rights Agreement, and, subject to Section 7.6(e)(ii), except for grants of stock options in the ordinary course consistent with past practice pursuant to the Company Option Plans or Company Stock Purchase Plan, in each case as in effect on the date hereof, or issuance of Company Common Stock pursuant to the exercise of options granted thereunder or the exercise or conversion of other securities outstanding on the date hereof, the Company and its Subsidiaries shall not issue, sell or grant any shares of capital stock of any class, or any securities or rights convertible into, exchangeable for, or evidencing the right to subscribe for any shares of capital stock, or any rights, warrants, options, calls, commitments or any other agreements of any character to purchase or acquire any shares of capital stock or any securities or rights convertible into, exchangeable for, or evidencing the right to subscribe for, any shares of capital stock or any other securities in respect of, in lieu of, or in substitution for, shares outstanding on the date hereof. In no event shall the vesting or exercisability of any Company stock option or shares of restricted Company Common Stock granted or issued under any Company Plan be accelerated as a result of or in connection with the execution, delivery or performance of this Agreement, the Option Agreement or the Voting Agreement or the consummation of the transactions contemplated hereby and thereby, except to the extent required under the terms of the applicable Company Plan or applicable individual agreement as in effect on the date hereof (or if entered into after the date hereof in compliance with this Section 6(a), such agreement which shall be in the standard form thereof as in effect on the date hereof).
Appears in 3 contracts
Samples: Merger Agreement (America Online Inc), Merger Agreement (Barksdale James L), Merger Agreement (America Online Inc)
Issuance and Redemption of Securities. Except as required by the Option Agreement or the Company Rights Agreement, and, subject to Section 7.6(e)(ii), except for grants of stock options in the ordinary course consistent with past practice pursuant to the Company Option Plans or Company Stock Purchase Plan, in each case as in effect on the date hereof, or issuance of Company Common Stock pursuant to the exercise of options granted thereunder or the exercise or conversion of other securities outstanding on the date hereof, the Company and its Subsidiaries shall not issue, sell or grant any shares of capital stock of any class, ,or any securities or rights convertible into, exchangeable for, or evidencing the right to subscribe for any shares of capital stock, or any rights, warrants, options, calls, commitments or any other agreements of any character to purchase or acquire any shares of capital stock or any securities or rights convertible into, exchangeable for, or evidencing the right to subscribe for, any shares of capital stock or any other securities in respect of, in lieu of, or in substitution for, shares outstanding on the date hereof. In no event shall the vesting or exercisability of any Company stock option or shares of restricted Company Common Stock granted or issued under any Company Plan be accelerated as a result of or in connection with the execution, delivery or performance of this Agreement, the Option Agreement or the Voting Agreement or the consummation of the transactions contemplated hereby and thereby, except to the extent required under the terms of the applicable Company Plan or applicable individual agreement as in effect on the date hereof (or if entered into after the date hereof in compliance with this Section 6(a), such agreement which shall be in the standard form thereof as in effect on the date hereof).
Appears in 2 contracts
Samples: Merger Agreement (Netscape Communications Corp), Merger Agreement (Netscape Communications Corp)