Common use of LEGALITY OF INITIAL ISSUANCE Clause in Contracts

LEGALITY OF INITIAL ISSUANCE. No Option Shares shall be issued upon the exercise of this Option unless and until the Company has determined that: (a) the Company has taken all actions required to register the Option Shares under the Securities Act or to perfect an exemption from the registration requirements thereof; (b) any and all applicable listing rules, regulations and requirements of any stock exchange or other securities market on which the Common Stock is listed or traded has been satisfied; and (c) any other applicable provision of state or federal law has been satisfied.

Appears in 4 contracts

Samples: Non Qualified Stock Option Agreement (Powersecure International, Inc.), Non Qualified Stock Option Agreement (Powersecure International, Inc.), Incentive Stock Option Agreement (Powersecure International, Inc.)

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LEGALITY OF INITIAL ISSUANCE. No Option Shares shall be issued upon the exercise of this Option unless and until the Company has determined that: (a) the Company has taken all actions required to register the Option Shares under the Securities Act or to perfect an exemption from the registration requirements thereof; (b) any and all applicable listing rules, regulations and requirements requirement of any stock exchange or other securities market on which the Common Stock is listed or traded has been satisfied; and (c) any other applicable provision of state or federal law has been satisfied.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Metretek Technologies Inc), Non Qualified Stock Option Agreement (Metretek Technologies Inc), Incentive Stock Option Agreement (Metretek Technologies Inc)

LEGALITY OF INITIAL ISSUANCE. No Option Shares shall be issued upon the exercise of this the Option unless and until the Company has determined that: : (ai) the Company has and the Participant have taken all actions required to register the Option Shares under the Securities Act or to perfect an exemption from the registration requirements thereof; , if applicable; (bii) any and all applicable listing rules, regulations and requirements of any stock exchange or other securities market on which the Common Stock is Shares are listed or traded has have been satisfied; and and (ciii) any all other applicable provision provisions of state or US federal law has or other Applicable Law have been satisfied.

Appears in 1 contract

Samples: Us Share Option Agreement (Sagent Holding Co.)

LEGALITY OF INITIAL ISSUANCE. No Option Shares shall be issued upon the exercise of this the Option unless and until the Company has determined that: : (ai) the Company has and the Optionee have taken all actions required to register the Option Shares under the Securities Act or to perfect an exemption from the registration requirements thereof; , if applicable; (bii) any and all applicable listing rules, regulations and requirements of any stock exchange or other securities market on which the Common Stock is Shares are listed or traded has have been satisfied; and and (ciii) any all other applicable provision provisions of state or U.S. federal law has or other Applicable Laws have been satisfied.

Appears in 1 contract

Samples: Stock Option Agreement (Nlight, Inc.)

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LEGALITY OF INITIAL ISSUANCE. No Option Shares shall be issued upon the exercise of this Option unless and until the Company has determined that: (a) It and the Company has Optionee have taken all any actions required to register the Option Shares under the Securities Act or to perfect an exemption from the registration requirements thereof; (b) any and all Any applicable listing rules, regulations and requirements requirement of any stock exchange or other securities market on which the Common Stock is listed or traded has been satisfied; and (c) any Any other applicable provision of state or federal law has been satisfied. By acceptance of this Option, Optionee acknowledges that Optionee has read and understands Section 16.3 of the Plan.

Appears in 1 contract

Samples: Stock Option Agreement (Driveway Corp)

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