Common use of ISSUE TO THE PUBLIC Clause in Contracts

ISSUE TO THE PUBLIC. 9.1 If the Company notifies the Trustee that for the purposes of an issue of shares to the 9 public an undertaking by the beneficiary option holders is required, pursuant whereto they undertake a restriction on the transfer of the shares of which they are beneficiaries or to which they are entitled pursuant to the options or the trading of such shares, the Trustee shall be entitled to assume the undertaking as aforesaid, provided that such an undertaking shall not prevent it from transferring options to the beneficiaries, subject to the beneficiaries assuming the said undertaking. 9.2 If as a condition for the issue of shares to the public the option holders shall be required to undertake not to sell them during a specific period (hereinafter referred to as "the restriction period"), the Company is entitled to make demand of the Trustee to join in giving an undertaking as aforesaid, and in the event of a demand as aforesaid the Trustee shall accede thereto, even if the Vesting Period, or part thereof, mentioned in clause 6 above, has not yet terminated, and in such case the trust period shall be extended by the restriction period and the beneficiaries shall have no complaint in consequence thereof. 9.3 The beneficiaries are aware that the Company is considering an issue to the public with the intention of listing the Company's shares for trading on a stock exchange either in Israel or abroad. The beneficiaries empower the Trustee to sign any document which, in the opinion of the Company's board of directors, is required to enable an issue as aforesaid, including changes to the Company's documents of incorporation and including changes in its capital structure, provided that the changes shall not result in the shares the subject of the options held in trust by the Trustee having inferior rights (save for voting rights) compared with the rights which other shares of the Company confer. In the event that the shares are registered for trading, as aforesaid, the employee shall be permitted to apply to the Commissioner in a request that his shares will be seen as sold pursuant to the average stock exchange price-list in the first three days of trading.

Appears in 3 contracts

Samples: Agreement for the Allotment of Share Options and Trust Agreement (Clickservice Software LTD), Agreement for the Allotment of Share Options and Trust Agreement (Clickservice Software LTD), Agreement for the Allotment of Share Options and Trust Agreement (Clickservice Software LTD)

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ISSUE TO THE PUBLIC. 9.1 If the Company notifies the Trustee that for the purposes of an issue of shares to the 9 public an undertaking by the beneficiary option holders is required, pursuant whereto they undertake a restriction on the transfer of the shares of which they are beneficiaries or to which they are entitled pursuant to the options or the trading of such shares, the Trustee shall be entitled to assume the undertaking as aforesaid, provided that such an undertaking shall not prevent it from transferring options to the beneficiaries, subject to the beneficiaries assuming the said undertaking. 9.2 If as a condition for the issue of shares to the public the option holders shall be required to undertake not to sell them during a specific period (hereinafter referred to as "the restriction period"), the Company is entitled to make demand of the Trustee to join in giving an undertaking as aforesaid, and in the event of a demand as aforesaid the Trustee shall accede thereto, even if the Vesting Periodentitling period, or part thereof, mentioned in clause 6 above, has not yet terminated, and in such case the trust period shall be extended by the restriction period and the beneficiaries shall have no complaint in consequence thereof. 9.3 The beneficiaries are aware that the Company is considering an issue to the public with the intention of listing the Company's shares for trading on a stock exchange either in Israel or abroad. The beneficiaries empower the Trustee to sign any document which, in the opinion of the Company's board of directors, is required to enable an issue as aforesaid, including changes to the Company's documents of incorporation and including changes in its capital structure, provided that structure for so long as the changes shall not result in the shares the subject of the options held in on trust by the Trustee having inferior rights (save for voting rights) compared with the rights which other shares of the Company confer. In the event that the shares are registered for trading, as aforesaid, the employee shall be permitted to apply to the Commissioner in a request that his shares will be seen as sold pursuant to the average stock exchange price-list in the first three days of trading.

Appears in 1 contract

Samples: Agreement for the Allotment of Options Giving Entitlement to Shares and Trust Agreement (Clickservice Software LTD)

ISSUE TO THE PUBLIC. 9.1 If the Company notifies the Trustee that for the purposes of an issue of shares to the 9 public an undertaking by the beneficiary option holders is required, pursuant whereto they undertake a restriction on the transfer of the shares of which they are beneficiaries or to which they are entitled pursuant to the options or the trading of such shares, the Trustee shall be entitled to assume the undertaking as aforesaid, provided that such an undertaking shall not prevent it from transferring options to the 9 beneficiaries, subject to the beneficiaries assuming the said undertaking. 9.2 If as a condition for the issue of shares to the public the option holders shall be required to undertake not to sell them during a specific period (hereinafter referred to as "the restriction period"), the Company is entitled to make demand of the Trustee to join in giving an undertaking as aforesaid, and in the event of a demand as aforesaid the Trustee shall accede thereto, even if the Vesting Period, or part thereof, mentioned in clause 6 above, has not yet terminated, and in such case the trust period shall be extended by the restriction period and the beneficiaries shall have no complaint in consequence thereof. 9.3 The beneficiaries are aware that the Company is considering an issue to the public with the intention of listing the Company's shares for trading on a stock exchange either in Israel or abroad. The beneficiaries empower the Trustee to sign any document which, in the opinion of the Company's board of directors, is required to enable an issue as aforesaid, including changes to the Company's documents of incorporation and including changes in its capital structure, provided that the changes shall not result in the shares the subject of the options held in trust by the Trustee having inferior rights (save for voting rights) compared with the rights which other shares of the Company confer. In the event that the shares are registered for trading, as aforesaid, the employee shall be permitted to apply to the Commissioner in a request that his shares will be seen as sold pursuant to the average stock exchange price-list in the first three days of trading.

Appears in 1 contract

Samples: Agreement for the Allotment of Share Options and Trust Agreement (Clickservice Software LTD)

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ISSUE TO THE PUBLIC. 9.1 If the Company notifies the Trustee that for the purposes of an issue of shares to the 9 public an undertaking by the beneficiary option holders is required, pursuant whereto they undertake a restriction on the transfer of the shares of which they are beneficiaries or to which they are entitled pursuant to the options or the trading of such shares, the Trustee shall be entitled to assume the undertaking as aforesaid, provided that such an undertaking shall not prevent it from transferring options to the beneficiaries, subject to the beneficiaries assuming the said undertaking. 9.2 If as a condition for the issue of shares to the public the option holders shall be required to undertake not to sell them during a specific period (hereinafter referred to as "the restriction period"), the Company is entitled to make demand of the Trustee to join in giving an undertaking as aforesaid, and in the event of a demand as aforesaid the Trustee shall accede thereto, even if the Vesting Period, or part thereof, mentioned in clause 6 above, has not yet terminated, and in such case the trust period shall be extended by the restriction period and the beneficiaries shall have no complaint in consequence thereof.part 9.3 The beneficiaries are aware that the Company is considering an issue to the public with the intention of listing the Company's shares for trading on a stock exchange either in Israel or abroad. The beneficiaries empower the Trustee to sign any document which, in the opinion of the Company's board of directors, is required to enable an issue as aforesaid, including changes to the Company's documents of incorporation and including changes in its capital structure, provided that the changes shall not result in the shares the subject of the options held in trust by the Trustee having inferior rights (save for voting rights) compared with the rights which other shares of the Company confer. In the event that the shares are registered for trading, as aforesaid, the employee shall be permitted to apply to the Commissioner in a request that his shares will be seen as sold pursuant to the average stock exchange price-list in the first three days of trading.

Appears in 1 contract

Samples: Agreement for the Allotment of Share Options and Trust Agreement (Clickservice Software LTD)

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