Common use of Maximum Number of Shares to be Issued Clause in Contracts

Maximum Number of Shares to be Issued. Subject to the adjustment provisions of Article XII and the provisions of (a) and (b) of this Section 5.1, up to 2,000,000 shares of Common Stock plus any shares remaining under the Prior Plan on the effective date may be issued under the Plan. In addition to such authorization, the following shares of Common Stock may be issued under the Plan: (a) Shares of Common Stock that are forfeited under the Prior Plan and shares of Common Stock that are not issued under the Prior Plan because of the cancellation, termination or expiration of Grants and Awards, and/or other similar events under the Prior Plan shall be available for issuance under this Plan. (b) Shares of Common Stock that are forfeited under the Plan and shares of Common Stock that are not issued under the Plan because of the cancellation, termination or expiration of Grants and Awards and/or other similar events under the Plan, shall be available for issuance under the Plan. Subject to the adjustment provisions of Article XII, not more than 500,000 shares of Common Stock shall be issued under this Plan pursuant to Stock Awards, Stock Units or Incentive Awards. Subject to the foregoing provisions of this Section 5.1, if a Grant or an Award may be paid only in shares of Common Stock, or in either cash or shares of Common Stock, the shares of Common Stock shall be deemed to be issued hereunder only when and to the extent that payment is actually made in shares of Common Stock.

Maximum Number of Shares to be Issued. Subject to the adjustment provisions of Article XII and the provisions of (a) and (b) of this Section 5.15.a, up to 2,000,000 shares of Common Stock plus any shares remaining under the Prior Plan on the effective date may be issued under the Plan. In addition to such authorization, the following 1,250,000 shares of Common Stock may be issued under the Plan: (a) Shares , all of Common which may be granted as Incentive Stock that are forfeited Options. No new awards may be made under the Prior Plan and after the effective date of this Plan. However, shares of Common Stock that are not issued underlying any outstanding award granted under the Prior Plan that, following the effective date of this Plan, are forfeited or otherwise not issued because of the cancellation, termination or expiration of Grants and Awards, and/or other similar events under the Prior Plan award shall be available for issuance new Grants and Awards under this Plan.. The following additional provisions shall apply as to the recycling of shares under this Plan: (bi) Shares of Common Stock that are forfeited under the Plan and shares of Common Stock that are not issued under the Plan because of the cancellation, termination or expiration of Grants and Awards and/or other similar events under the Plan, shall be available for issuance under the Plan. Subject . (ii) Shares of Common Stock that are tendered by a Participant or withheld as full or partial payment of withholding or other taxes with respect to a Grant or Award or as payment for the Option Price of an Option shall not be reallocated to the adjustment provisions number of Article XII, not more than 500,000 shares of Common Stock shall available to be issued under this Plan pursuant to Stock Awardsthe Plan, Stock Units and therefore shall not again be available for Grants or Incentive Awards. Subject to Awards under the foregoing provisions of this Section 5.1, if a Plan. (iii) Any Grant or an Award may settled in cash shall not be paid only in shares of Common Stock, or in either cash or shares of Common Stock, the counted as shares of Common Stock shall be deemed to be issued hereunder only when and to the extent that payment is actually made in shares of Common Stockfor any purpose under this Plan.