Limitation on Options. 18 4.6 Limitation on Subsidiary Dividends and Other Distributions........ 18 4.7
Limitation on Options. Except as otherwise expressly set forth in this Agreement and the Related Agreements, the Company shall not grant any options, warrants or other rights to acquire shares of Common Stock or other equity securities of the Company, other than pursuant to the Option Plans.
Limitation on Options. A Participant may not select a payment option under subsections 7.02(a) or (c) if the amount of any such periodic payment is less than $100. No payment option may be selected by a Participant under Sections 7.02 or 7.04 unless it satisfies the requirements of Sections 401(a)(9) and 457(d)(2) of the Code, including the requirement that payments commencing before the death of the Participant shall satisfy the incidental death benefit requirements under Section 401(a)(9)(G) of the Code.
Limitation on Options. (1) Tenant's rights under Section 4.04 A hereof are subject and subordinate, in all respects, to the rights of any other tenant (an "Existing Tenant") in the Building whose lease (an "Existing Lease") was executed prior to the date of this Amendment, including without limitation any renewal, extension or expansion rights provided for in any such Existing Lease, all as set forth on Schedule 4 attached to this Amendment and incorporated in the Lease by this reference. Without limiting the foregoing, Tenant shall have no right to lease any portion of the Building pursuant to either Section 4.04 or 4.05 of the Lease for any time period during which an Existing Tenant who is identified on Schedule 4 has the right, pursuant to its lease with Landlord, to lease such premises.
(2) If at the time of exercise of any option under Section 4.04 A hereof there is more than one "contiguous area of additional space" which could be leased to Tenant, then Landlord shall have the right to select which area shall be leased to Tenant.
(3) If a "contiguous area of additional space" contains more than 10% of Tenant's then existing rentable area, Landlord shall have no obligation to subdivide such contiguous area if such subdivision would leave Landlord with unleased premises which are not, in Landlord's reasonable judgment, of a size, configuration and location which is reasonably marketable (a "Disadvantageous Subdivision"). If Landlord shall determine that the exercise of Tenant's option will result in such a Disadvantageous Subdivision, Landlord shall notify Tenant of its determination within ten (10) days after notice from Tenant of its option to lease space, which notice shall specify the size, configuration, and location of premises which would eliminate such condition (the "Substitute Configuration"), which Substitute Configuration may contain between 90% and 110% of the amount of space which was the subject of Tenant's election. In such event, Tenant shall have the right, exercisable by notice to Landlord within ten (10) days after the receipt of Landlord's notice, to lease the Substitute Configuration. Failure by Tenant to exercise such right shall constitute a waiver of its option to lease a "contiguous area of additional space" on such anniversary date.
(4) Any space surrendered pursuant to Section 4.04 B shall, in Landlord's reasonable judgment, be of a size, configuration and location which is reasonably marketable.
(5) If Tenant shall have exercised its right pursu...
Limitation on Options. 15 6.5 Change in Form or Timing of Payment......................15 6.6
Limitation on Options. 19 4.6 LIMITATION ON RESTRICTIONS ON SUBSIDIARY DIVIDENDS AND OTHER DISTRIBUTIONS.......................19 4.7
Limitation on Options. A Participant or a Beneficiary may not elect to receive benefits in either of the following forms: (a) a benefit in such form that, as of the time payment commences, the present value of the benefits payable to the Participant or Beneficiary is less than 50% of the total benefits payable or that would violate the incidental death benefit rule; or (b) a benefit in such form that all or any portion of the value of the benefit otherwise payable to the Participant during his lifetime is either (i) paid instead to his Beneficiary or (ii) set aside for payment to his survivor at death.
Limitation on Options. During the period from the Initial Closing Date (as defined in the Purchase Agreement) through and until the Second Tranche Closing Date (as defined in the Purchase Agreement), the Company shall not grant any additional options to purchase shares of the Company’s Common Stock that would cause the quotient of (a) the sum of total number of shares of Common Stock issued pursuant to the exercise of options previously granted under the Stock Plans (as defined in the Purchase Agreement) plus the total number of shares of Common Stock reserved for issuance pursuant to outstanding options (including the proposed additional options), divided by (b) the total number of shares of Common Stock outstanding (on a fully-diluted, as-converted, as-if exercised basis, but excluding any shares reserved for issuance pursuant to the Stock Plans that are not subject to options already granted or exercised), to be greater than 16.5%.
Limitation on Options. Neither the Company nor the Principal Shareholders shall grant any options, warrants or other rights to acquire shares of Common Stock or other equity securities of the Company, except that (i) the Principal Shareholders may grant options for up to ten (10) shares of Common Stock to employees of the Company at any time prior to the expiration of eighteen (18) months from the Closing Date, pursuant to the Employee Stock Option Plan as described in Section 1.6 hereof, and (ii) at any time subsequent to such date, the Company may grant options for up to ten (10) shares of Common Stock, pursuant to grants which are approved by the compensation committee of the Company's Board of Directors.
Limitation on Options. No Perpetual Lease Notwithstanding the provisions of sections 4.2 and 4.3, the maximum term of years, including the Primary Term, and all Extended Terms, of this Lease shall not exceed forty (40) years. The Parties expressly state that it is not their intent to create a perpetual lease or to convey a free-hold estate of any kind.
