Issuance of Option. Upon execution of this Agreement, the Company hereby issues Holder an option to acquire 20,000,000 shares of the Company’s Common Stock at an exercise price equal to the volume weighted average price of the Company’s common stock for the twenty trading days prior to the date of the Purchase Agreement with Xxxxxx Fabrication L.L.C. and High Plains (but not less than $0.05 per share) (the Exercise Price”), subject to the terms of this Agreement (the “Option”).
Issuance of Option. Upon execution of this Agreement, the Company hereby issues Holder an option to acquire up to 500,000 Shares of the Company’s Common Stock, fully paid and non-assessable at an exercise price of $.50 per share (the “Exercise Price”), subject to the terms of this Agreement (the "Option").
Issuance of Option. Upon execution of this Agreement, Seller -------------------- hereby issues Purchaser an option to acquire 1,880,842 Shares of APDN Common Stock, fully paid and non-assessable at an exercise price of $1.00 USD per share (the "Per Share Exercise Price"), or an aggregate of $1,880,842 USD (the "Purchase Price") subject to the terms of this Agreement (the "Option"). SECTION 2
Issuance of Option. In connection with the Acquisition Agreement, the Company hereby issues a stock option to Agent or his designees to acquire a number of its shares equal to 25% of the total issued and outstanding shares as of the date of exercise. The option price shall be One Dollar. The option may be exercised, in the sole discretion of the Option holder, upon the happening of one or more of the following corporate events: 110
(a) Bona Fide offer to purchase the interest of Agent; or the interest of the parent Company; or any other shareholder; or any sale of an interest in excess of 10% in Marinex New York;
(b) Bankruptcy, insolvency, receivership, dissolution or liquidation of Texas Equipment or any other action under which Texas Equipment seeks legal or equitable relief from its creditors;
(c) Reorganization, recombination, declaration of a stock dividend of Marinex - New York stock by Marinex - Nevada;
(d) Sale or spin out of either subsidiary;
(e) Merger under which more control of Marinex - Nevada is changed or acquisition under which shares totaling more than 25% of the outstanding stock of Marinex - Nevada is issued;
(f) Any event which requires approval of 2/3 or more of the shareholders of the Company or which constitutes a fundamental change under Nevada corporate law, as amended;
(g) Public offering of shares totaling 10% or more of Marinex - New York, including securities which convert into shares such as warrants, options, convertible debentures or debt instruments and other convertible securities.
(h) Upon dilution of the holdings of the present Marinex - Nevada shareholders (as of the day before the Closing Date) by more than 20% during the first two years following the Closing Date (or a series of actions which, when combined, cause such dilution) which, unless the issuances were issued at no more than a 50% discount from the average bid price for the thirty day period prior to the issuance;
(i) or any other similar event or occurrence that fundamentally alters the nature of the relationship between Braux xxx/or Platkin and the Company. Upon the exerciseability of the Option being triggered by any of the above occurrences, then the Option shall remain open and exerciseable for a period of five years and the option shall be valid for a period of five years from the date of this Agreement.
Issuance of Option. The Grantors hereby agree that if (i) the Stockholder does not exercise its Redemption Rights in connection with the Acquisition Proposals and (i) the Acquisition Proposals are approved and the Mergers are consummated, the Grantors will, at the closing of the Mergers, issue to the Stockholder a five-year option in the form of Exhibit A attached hereto (the “Option”) to purchase an aggregate of 188,384 shares of common stock of the Company, par value $0.001 per share, at an exercise price of $0.005 per share (“Option Shares”). On or prior to December 20, 2012, the Grantors and the Stockholder shall enter into an Escrow Agreement in the form of Exhibit B attached hereto (the “Escrow Agreement”) with Continental Stock Transfer & Trust Company as escrow agent (the “Escrow Agent”), and the Grantors shall deposit (or cause to be deposited) with the Escrow Agent the Option Shares, which Option Shares shall be held in escrow to support the Grantors’ obligations under the Option until disbursed in accordance with the Escrow Agreement. The Grantors shall provide evidence that they have satisfied this obligation on or prior to December 20, 2012.
Issuance of Option. By no later than January 3, 2003, DPI shall issue to Klebansky an option under DPI’s 2000 Stock Incentive Plan (the “Plan”) to purchase up to 25,000 shares of DPI’s common stock, such option to be an incentive stock option to the maximum extent permitted by federal tax statutes and regulations. The option shall vest monthly over four years with a vesting commencement date of January 3, 2003, shall have an exercise price equal to 100% of the fair market value of DPI’s common stock on the date of grant, as reasonably determined by DPI’s board of directors or a committee thereof, and shall be evidenced by DPI’s standard form Notice of Grant/Stock Option Agreement and related exhibits.
Issuance of Option. Pursuant to the terms and subject to the conditions set forth in this Agreement, the Plan and the Stock Option Agreement, as of April 17, 2008, the Company granted to Executive an Option to purchase the number of Shares set forth on Exhibit A attached hereto at an exercise price per Share equal to the amount set forth on Exhibit A attached hereto.
Issuance of Option. Subject to the terms and conditions set forth herein, the Company Agreement and in the Related Agreements, at the Closing Buyer shall authorize, issue, grant and deliver to each of Evanx xxx Morrxxxx (xx to an entity designated by them and which they control), pro rata in accordance with the Shares sold by each of them pursuant hereto, options (referred to in the Company Agreement as the "CAMINUS OPTIONS") to acquire Series B Membership Interests having the rights, preferences and privileges and subject to the restrictions contained in the Company Agreement, which represents the option portion of the Purchase Price. The parties acknowledge that the exercise price of the Caminus Options is One Million Five Hundred Thousand Dollars (U.S. $1,500,000), subject to adjustment as provided in the Company Agreement, and that upon exercise the holder(s) thereof would have the right to the corresponding Capital Account credit and Percentage Interests (both as defined in the Company Agreement) in the Company.
Issuance of Option. As a result of the Transfer and subject to the terms and conditions set forth herein, the Company hereby issues to Optionee, in replacement and substitution in part of the Original Option, an irrevocable option (the “Option”) to purchase [___] shares (the “Option Shares”) of common stock, par value $.01 per share (the “Common Stock”), of the Company at a purchase price per Option Share equal to TEN DOLLARS ($10.00), subject to adjustment as provided herein (the “Purchase Price”). Notwithstanding anything to the contrary contained herein, and except to the extent the Option represented hereby shall have been previously exercised, if at any time during the Option Period (as hereinafter defined) the Company shall exercise its right to terminate the Consulting Agreement pursuant to Section 3 thereof, such termination shall also terminate this Agreement and the Option represented hereby, and Optionee’s right to purchase Option Shares, whether or not vested, shall be terminated and of no further force and effect.
Issuance of Option. Concurrent with the filing of the Certificate of Merger, Prospect shall issue the Option to Xxxxxxxxxx Xxxxxxxxx, the form of which is attached hereto as Exhibit B.
