Mergers, Reorganizations, Etc. In the event of a merger, consolidation, plan of exchange, acquisition of property or stock, split-up, split-off, spin-off, reorganization or liquidation to which the Company is a party or any sale, lease, exchange or other transfer (in one transaction or a series of related transactions) of all, or substantially all, of the assets of the Company (each, a "Transaction"), the Company shall, in its sole discretion and to the extent possible under the structure of the Transaction, select one of the following alternatives for treating the Option:
Appears in 5 contracts
Samples: Incentive Stock Option Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Non Statutory Stock Option Agreement (Verasun Energy Corp), Incentive Stock Option Agreement (Verasun Energy Corp)
Mergers, Reorganizations, Etc. In the event of a merger, consolidation, plan of exchange, acquisition of property or stock, split-up, split-off, spin-off, reorganization or liquidation to which the Company is a party or any sale, lease, exchange or other transfer (in one transaction or a series of related transactions) of all, or substantially all, of the assets of the Company (each, a "TransactionTRANSACTION"), the Company shall, in its sole discretion and to the extent possible under the structure of the Transaction, select one of the following alternatives for treating the Option:
Appears in 2 contracts
Samples: Non Statutory Stock Option Agreement (Penge Corp), Incentive Stock Option Agreement (Penge Corp)