Common use of Method and Time of Exercise Clause in Contracts

Method and Time of Exercise. The Option may be exercised by written notice delivered to the Company at its principal executive office stating (i) that Optionee has no plan to violate Section 16 in the future, (ii) that Optionee agrees to notify the Company within ten (10) days of a violation of Section 16 hereof, and (iii) the number of shares with respect to which the Option is being exercised, together with: (A) a check or money order made payable to the Company in the amount of the exercise price and any withholding tax, as provided under Section 5 hereof; or (B) if expressly authorized in writing by the Board, in its sole discretion, at the time of the Option exercise, the tender to the Company of shares of the Company’s common stock owned by Optionee having a fair market value not less than the exercise price; or (C) if expressly authorized in writing by the Board, subject to the Xxxxxxxx-Xxxxx Act of 2002, in its sole discretion, at the time of the Option exercise, the Optionee’s full recourse promissory note in a form approved by the Company; or (D) if any other method such as cashless exercise is expressly authorized in writing by the Board, in its sole discretion, at the time of the Option exercise, the tender of such consideration having a fair market value not less than the exercise price. Only whole shares may be purchased.

Appears in 3 contracts

Samples: Incentive Stock Option Agreement (KwikClick, Inc.), Incentive Stock Option Agreement (Sigma Labs, Inc.), Incentive Stock Option Agreement (R F Industries LTD)

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Method and Time of Exercise. The Option may be exercised by written notice delivered to the Company at its principal executive office stating (i) that Optionee is in compliance with the non-compete provisions of Paragraph 16 hereof, (ii) that Optionee has no plan to violate Section Paragraph 16 in the future, (iiiii) that Optionee agrees to notify the Company within ten (10) 10 days of a violation of Section Paragraph 16 hereof, and (iiiiv) the number of shares with respect to which the Option is being exercised, exercised together with: (A) a check or money order made payable to the Company in the amount of the exercise price and any withholding tax, as provided under Section 5 hereof; or (B) if expressly authorized in writing by the Board, in its sole discretion, at the time of the Option exercise, the tender to the Company of shares of the Company’s common stock Common Stock owned by Optionee or surrender of shares of Common Stock then issuable upon exercise of the Option having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes so long as such tender does not, in the Company’s judgment, have an adverse financial or tax accounting effect on the Company; or (C) if expressly authorized in writing by the Board, subject to the Xxxxxxxx-Xxxxx Act of 2002, in its sole discretion, at the time of the Option exercise, the Optionee’s full recourse five-year promissory note with interest at the AFR rate and secured by a pledge of the shares being acquired in a form forms approved by the CompanyCompany with all proceeds of any sale to be applied first to retire in full the note (including any accrued interest); or (D) if any other method such as cashless exercise is expressly authorized in writing by the BoardAdministrator, in its sole discretion, at the time of the Option exercise, the tender of such consideration having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes. Only whole shares may be purchased.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Optical Molecular Imaging, Inc), Non Qualified Stock Option Agreement (Duska Therapeutics, Inc.)

Method and Time of Exercise. The Option may be exercised by written notice delivered to the Company at its principal executive office stating (i) that Optionee is in compliance with the non-compete provisions of Section 16 hereof, (ii) that Optionee has no plan to violate Section 16 in the future, (iiiii) that Optionee agrees to notify the Company within ten (10) days of a violation of Section 16 hereof, and (iiiiv) the number of shares with respect to which the Option is being exercised, together with: (A) a check or money order made payable to the Company in the amount of the exercise price and any withholding tax, as provided under Section 5 hereof; or (B) if expressly authorized in writing by the BoardAdministrator, in its sole discretion, at the time of the Option exercise, the tender to the Company of shares of the Company’s common stock owned by Optionee having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes; or (C) if expressly authorized in writing by the BoardAdministrator, subject to the Xxxxxxxx-Xxxxx Act of 2002Sarbanes Oxley, in its sole discretion, at the time of the Option exercise, the Optionee’s full recourse promissory note in a form approved by the Company; or (D) if any other method such as cashless exercise is expressly authorized in writing by the BoardAdministrator, in its sole discretion, at the time of the Option exercise, the tender of such consideration having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes. Only whole shares may be purchased.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Point.360), Non Qualified Stock Option Agreement (Point.360)

Method and Time of Exercise. The Option may be exercised by written notice delivered to the Company at its principal executive office stating (i) that Optionee has no plan to violate Section 16 in the future, (ii) that Optionee agrees to notify the Company within ten (10) days of a violation of Section 16 hereof, and (iii) the number of shares with respect to which the Option is being exercised, together with: (A) a check or money order made payable to the Company in the amount of the exercise price and any withholding tax, as provided under Section 5 hereof; or (B) if expressly authorized in writing by the Board, in its sole discretion, at the time of the Option exercise, the tender to the Company of shares of the Company’s common stock owned by Optionee having a fair market value not less than the exercise price; or (C) if expressly authorized in writing by the Board, subject to the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, in its sole discretion, at the time of the Option exercise, the Optionee’s full recourse promissory note in a form approved by the Company; or (D) if any other method such as cashless exercise is expressly authorized in writing by the Board, in its sole discretion, at the time of the Option exercise, the tender of such consideration having a fair market value not less than the exercise price. Only whole shares may be purchased.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Sigma Labs, Inc.)

Method and Time of Exercise. The Option may be exercised by written notice delivered to the Company at its principal executive office stating (i) that Optionee has no plan to violate Section 16 in the future, (ii) that Optionee agrees to notify the Company within ten (10) days of a violation of Section 16 hereof, and (iii) the number of shares with respect to which the Option is being exercised, together with: (A) a check or money order made payable to the Company in the amount of the exercise price and any withholding tax, as provided under Section 5 hereof; or (B) if expressly authorized in writing by the Board, in its sole discretion, at the time of the Option exercise, the tender to the Company of shares of the Company’s common stock owned by Optionee having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes; or (C) if expressly authorized in writing by the Board, subject to the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, in its sole discretion, at the time of the Option exercise, the Optionee’s full recourse promissory note in a form approved by the Company; or (D) if any other method such as cashless exercise is expressly authorized in writing by the Board, in its sole discretion, at the time of the Option exercise, the tender of such consideration having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes. Only whole shares may be purchased.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Sigma Labs, Inc.)

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Method and Time of Exercise. The Option may be exercised by written notice delivered to the Company at its principal executive office stating (i) that Optionee is in compliance with the non-compete provisions of Paragraph 16 hereof, (ii) that Optionee has no plan to violate Section Paragraph 16 in the future, (iiiii) that Optionee agrees to notify the Company within ten (10) 10 days of a violation of Section Paragraph 16 hereof, and (iiiiv) the number of shares with respect to which the Option is being exercised, exercised together with: (A) a check or money order made payable to the Company in the amount of the exercise price and any withholding tax, as provided under Section Paragraph 5 hereof; or (B) if expressly authorized in writing by the Board, in its sole discretion, at the time of the Option exercise, the tender to the Company of shares of the Company’s common stock Common Stock owned by Optionee or surrender of shares of Common Stock then issuable upon exercise of the Option having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes so long as such tender does not, in the Company’s judgment, have an adverse financial or tax accounting effect on the Company; or (C) if expressly authorized in writing by the Board, subject to the Xxxxxxxx-Xxxxx Act of 2002, in its sole discretion, at the time of the Option exercise, the Optionee’s full recourse five-year promissory note with interest at the AFR rate and secured by a pledge of the shares being acquired in a form forms approved by the CompanyCompany with all proceeds of any sale to be applied first to retire in full the note (including any accrued interest); or (D) if any other method such as cashless exercise is expressly authorized in writing by the BoardAdministrator, in its sole discretion, at the time of the Option exercise, the tender of such consideration having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes. Only whole shares may be purchased.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Duska Therapeutics, Inc.)

Method and Time of Exercise. The Option may be exercised by written notice delivered to the Company at its principal executive office stating (i) that Optionee is in compliance with the non-compete provisions of Section 16 hereof, (ii) that Optionee has no plan to violate Section 16 in the future, (iiiii) that Optionee agrees to notify the Company within ten (10) days of a violation of Section 16 hereof, and (iiiiv) the number of shares with respect to which the Option is being exercised, together with: (A) a check or money order made payable to the Company in the amount of the exercise price and any withholding tax, as provided under Section 5 hereof; or (B) if expressly authorized in writing by the BoardAdministrator, in its sole discretion, at the time of the Option exercise, the tender to the Company of shares of the Company’s 's common stock owned by Optionee having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes; or (C) if expressly authorized in writing by the BoardAdministrator, subject to the Xxxxxxxx-Xxxxx Act of 2002Sarbanes Oxley, in its sole discretion, at the time of the Option exercise, the Optionee’s 's full recourse promissory note in a form approved by the Company; or (D) if any other method such as cashless exercise is expressly authorized in writing by the BoardAdministrator, in its sole discretion, at the time of the Option exercise, the tender of such consideration having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes. Only whole shares may be purchased.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Point 360)

Method and Time of Exercise. The Option may be exercised by written notice delivered to the Company at its principal executive office stating (i) that Optionee has no plan to violate Section 16 in the future, (ii) that Optionee agrees to notify the Company within ten (10) days of a violation of Section 16 hereof, and (iii) the number of shares with respect to which the Option is being exercised, together with: (A) a check or money order made payable to the Company in the amount of the exercise price and any withholding tax, as provided under Section 5 hereof; or (B) if expressly authorized in writing by the Board, in its sole discretion, at the time of the Option exercise, the tender to the Company of shares of the Company’s common stock owned by Optionee having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes; or (C) if expressly authorized in writing by the Board, subject to the Xxxxxxxx-Xxxxx Act of 2002, in its sole discretion, at the time of the Option exercise, the Optionee’s full recourse promissory note in a form approved by the Company; or (D) if any other method such as cashless exercise is expressly authorized in writing by the Board, in its sole discretion, at the time of the Option exercise, the tender of such consideration having a fair market value not less than the exercise price, plus the amount of applicable federal, state and local withholding taxes. Only whole shares may be purchased.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Sigma Labs, Inc.)

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