Common use of Manner of Exercise and Payment Clause in Contracts

Manner of Exercise and Payment. Subject to the terms and conditions of this Agreement and the Plan, this Option may be exercised by delivery of written notice to the Administrator, at the Company’s principal executive office in the form of Annex B. Such notice shall state (i) that the person exercising this Option is entitled to exercise this Option, (ii) that such person is electing to exercise this Option and (iii) the number of Shares in respect of which this Option is being exercised. The Participant shall not be deemed to be the holder of, or to have any of the rights of a holder with respect to, any Shares subject to this Option until this Option shall have been exercised pursuant to the terms of this Agreement and the Participant shall have paid the full Option Price for the number of Shares in respect of which this Option was exercised. The Option Price of the Shares as to which an Option shall be exercised shall be paid to the Company at the time of exercise in cash or by such other method approved by the Administrator, in is sole discretion, as may be allowed under applicable law.

Appears in 18 contracts

Samples: Stock Option Award Agreement (Horizon Lines, Inc.), Stock Option Award Agreement (Horizon Lines, Inc.), Stock Option Award Agreement (Horizon Lines, Inc.)

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Manner of Exercise and Payment. Subject to the terms and conditions of this Award Agreement and the Plan, this Option may be exercised by delivery of written notice to the AdministratorSecretary of the Company, at the Company’s principal executive office in the form of Annex B. Such notice shall state (i) that the person exercising this Option is entitled to exercise this Option, (ii) that such person is electing to exercise this Option and (iii) the number of Shares in respect of which this Option is being exercised. Such person or persons shall (i) deliver this Award Agreement to the Secretary of the Company who shall endorse thereon a notation of such exercise and (ii) provide satisfactory proof as to the right of such person or persons to exercise the Option. The Participant shall not be deemed to be the holder of, or to have any of the rights of a holder with respect to, any Shares subject to this Option until this Option shall have been exercised pursuant to the terms of this Award Agreement and the Participant shall have paid the full Option Price for the number of Shares in respect of which this Option was exercised. The Option Price option exercise price of the Shares as to which an Option shall be exercised shall be paid to the Company at the time of exercise in cash cash, by certified check or by such other method approved permitted by the Administrator, in is its sole discretion, as may be allowed under applicable law.

Appears in 3 contracts

Samples: Equity Incentive Plan Award Agreement (Rafaella Apparel Group,inc.), Equity Incentive Plan Award Agreement (Rafaella Apparel Group,inc.), Equity Incentive Plan Award Agreement (Rafaella Apparel Group,inc.)

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