LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee pursuant to this Option. Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares as to which such requisite authority or approval shall not have been obtained.
Appears in 17 contracts
Samples: Stock Option Agreement (Priveterra Acquisition Corp.), Stock Option Agreement (AEON Biopharma, Inc.), Stock Option Agreement (AEON Biopharma, Inc.)
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee pursuant to this Option. Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority or approval shall not have been obtained.
Appears in 8 contracts
Samples: Stock Option Agreement (Powerwave Technologies Inc), Nonqualified Stock Option Agreement (Vysis Inc), Incentive Stock Option Agreement (Vision Solutions Inc)
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee pursuant to this Option. Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares as to which such requisite authority or approval shall not have been obtained.
Appears in 6 contracts
Samples: Employment Agreement (Voice Assist, Inc.), Employment Agreement (Voice Assist, Inc.), Employment Agreement (Voice Assist, Inc.)
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee pursuant to this Option. Inability of ------------------------------------------------- the Company to obtain, from any such regulatory agencybody having jurisdiction, authority or approval reasonably deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares any shares of Common Stock hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares as to which such requisite authority or approval shall not have been obtained.
Appears in 4 contracts
Samples: Nonqualified Performance Stock Option Agreement (Brylane Inc), Nonqualified Performance Stock Option Agreement (Brylane Inc), Incentive Stock Option Agreement (Pantry Inc)
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee pursuant to this Option. Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares as to which such requisite authority or approval shall not have been obtained.
Appears in 3 contracts
Samples: Stock Option Agreement (Endologix Inc /De/), Non Qualified Stock Option Agreement (Cortex Pharmaceuticals Inc/De/), Non Qualified Stock Option Agreement (Cortex Pharmaceuticals Inc/De/)
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee Purchaser pursuant to this OptionAgreement. Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority or approval shall not have been obtained.
Appears in 2 contracts
Samples: Restricted Stock Purchase Agreement (Sonus Pharmaceuticals Inc), Restricted Stock Purchase Agreement (Sonus Pharmaceuticals Inc)
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee pursuant to this Option. Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority or approval shall not have been obtained.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Printrak International Inc), Nonqualified Stock Option Agreement (Printrak International Inc)
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee Grantee pursuant to this OptionAgreement. Inability The inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority or approval shall not have been obtained.
Appears in 2 contracts
Samples: Stock Award Agreement (Powerwave Technologies Inc), Stock Award Agreement (Powerwave Technologies Inc)
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company ------------------------------------------------- agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee pursuant to this Option. Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares as to which such requisite authority or approval shall not have been obtained.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Keith Companies Inc), Incentive Stock Option Agreement (Keith Companies Inc)
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee Grantee pursuant to this OptionAgreement. Inability The inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority or approval shall not have been obtained.
Appears in 1 contract
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee pursuant to this Option. Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares as to which such requisite authority or approval shall not have been obtained.
Appears in 1 contract
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval approvals as may be required in order to issue and sell the Shares to the Optionee pursuant to this Option. Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority or approval shall not have been obtained.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Keith Companies Inc)
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees ------------------------------------------------- to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee Purchaser pursuant to this OptionAgreement. Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s 's counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan shall relieve the Company of any liability in respect of the nonissuance or sale of such shares Shares as to which such requisite authority or approval shall not have been obtained.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Powerwave Technologies Inc)
LIMITATION OF COMPANY'S LIABILITY FOR NONISSUANCE. The Company agrees to use its reasonable best efforts to obtain from any applicable regulatory agency such authority or approval as may be required in order to issue and sell the Shares to the Optionee pursuant to this Option. Inability of the Company to obtain, from any such regulatory agency, authority or approval deemed by the Company’s counsel to be necessary for the lawful issuance and sale of the Shares hereunder and under the Plan Terms and Conditions shall relieve the Company of any liability in respect of the nonissuance or sale of such shares as to which such requisite authority or approval shall not have been obtained.
Appears in 1 contract
Samples: Executive Officer Option Agreement (Second Sight Medical Products Inc)
