Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together with payment of the Option Price as provided below, in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM Technologies, Inc., Attention: Corporate Secretary, 0000 Xxxxxx Xxxxx, PO Box 439, Frederick, Colorado 80530, or such other address as shall be furnished in writing to the Option Holder by the Company. Such written notice shall specify that the Option is being exercised, and the number of shares of Stock with respect to which the Option is exercised, the Option Price shall be paid no later than 30 days after the notice of exercise is delivered. The Option shall be exercised only when the Option Price is paid in full. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state securities laws. Legends evidencing such restrictions may be placed on the Stock certificates. The purchase of such Stock shall take place at the address of the Company set forth above upon delivery of a notice of exercise that specifies the number of shares with respect to which the Option is being exercised and payment of the Option Price for the Stock in full, within 30 days of the delivery of the notice of exercise, (i) by certified or cashier’s check payable to the Company’s order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose, or (iii) by delivery to the Company of certificates representing the number of shares of Stock then owned by the Option Holder, the Fair Market Value of which equals the Option Price of the Stock to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery to the Company of certificates representing Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to the Company of a properly executed notice of exercise together with irrevocable instructions to a broker to deliver to the Company promptly the amount of the proceeds of the sale of all or a portion of the Stock or of a loan from the broker to the Option Holder required to pay the Option Price; provided, however, that if the Option Holder is subject to the Xxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loan. For purposes of this Option, the Fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option shall be the Fair Market Value as of the exercise date; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Price. Upon such notice to the Company and payment of the Option Price, the exercise of the Option shall be deemed to be effective, and a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder.
Appears in 6 contracts
Samples: Non_qualified Stock Option Agreement (Uqm Technologies Inc), Non_qualified Stock Option Agreement (Uqm Technologies Inc), Incentive Stock Option Agreement (Uqm Technologies Inc)
Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together with payment of the Option Price as provided below, in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM Technologies, Inc., Attention: Corporate Secretary, 0000 Xxxxxx Xxxxx000 Xxxxxxxxx Xxxxxx, PO Box 439Xxxxxx, Frederick, Colorado 80530Xxxxxxxx 00000, or such other address as shall be furnished in writing to the Option Holder by the Company. Such written notice shall specify that the Option is being exercised, and the number of shares of Stock with respect to which the Option is exercised, the Option Price shall be paid no later than 30 days after the notice of exercise is delivered. The Option shall be exercised only when the Option Price is paid in full. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state securities laws. Legends evidencing such restrictions may be placed on the Stock certificates. The purchase of such Stock shall take place at the address of the Company set forth above upon delivery of a notice of exercise that specifies the number of shares with respect to which the Option is being exercised and payment of the Option Price for the Stock in full, within 30 days of the delivery of the notice of exercise, (i) by certified or cashier’s check payable to the Company’s order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose, or (iii) by delivery to the Company of certificates representing the number of shares of Stock then owned by the Option Holder, the Fair Market Value of which equals the Option Price of the Stock to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery to the Company of certificates representing Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to the Company of a properly executed notice of exercise together with irrevocable instructions to a broker to deliver to the Company promptly the amount of the proceeds of the sale of all or a portion of the Stock or of a loan from the broker to the Option Holder required to pay the Option Price; provided, however, that if the Option Holder is subject to the Xxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loan. For purposes of this Option, the Fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option shall be the Fair Market Value as of the exercise date; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Price. Upon such notice to the Company and payment of the Option Price, the exercise of the Option shall be deemed to be effective, and a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder.
Appears in 4 contracts
Samples: Non Qualified Stock Option Agreement (Uqm Technologies Inc), Equity Incentive Plan (Uqm Technologies Inc), Incentive Stock Option Agreement (Uqm Technologies Inc)
Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together with payment of the Option Price as provided below, in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM Technologies, Inc., Attention: Corporate Secretary, 0000 Xxxxxx Xxxxx400 Xxxxxxxxx Xxxxxx, PO Box 439Xxxxxx, Frederick, Colorado 80530Xxxxxxxx 00000, or such other address as shall be furnished in writing to the Option Holder by the Company. Such written notice shall specify that the Option is being exercised, and the number of shares of Stock with respect to which the Option is exercised, the Option Price shall be paid no later than 30 days after the notice of exercise is delivered. The Option shall be exercised only when the Option Price is paid in full. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state securities laws. Legends evidencing such restrictions may be placed on the Stock certificates. The purchase of such Stock shall take place at the address of the Company set forth above upon delivery of a notice of exercise that specifies the number of shares with respect to which the Option is being exercised and payment of the Option Price for the Stock in full, within 30 days of the delivery of the notice of exercise, (i) by certified or cashier’s check payable to the Company’s order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose, or (iii) by delivery to the Company of certificates representing the number of shares of Stock then owned by the Option Holder, the Fair Market Value of which equals the Option Price of the Stock to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery to the Company of certificates representing Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to the Company of a properly executed notice of exercise together with irrevocable instructions to a broker to deliver to the Company promptly the amount of the proceeds of the sale of all or a portion of the Stock or of a loan from the broker to the Option Holder required to pay the Option Price; provided, however, that if the Option Holder is subject to the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loan. For purposes of this Option, the Fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option shall be the Fair Market Value as of the exercise date; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Price. Upon such notice to the Company and payment of the Option Price, the exercise of the Option shall be deemed to be effective, and a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder.
Appears in 4 contracts
Samples: Non Qualified Stock Option Agreement (Uqm Technologies Inc), Incentive Stock Option Agreement (Uqm Technologies Inc), Non Qualified Stock Option Agreement (Uqm Technologies Inc)
Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together with payment of the Option Price as provided below, in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM Technologies, Inc., Attention: Corporate Secretary, 0000 Xxxxxx Xxxxx000 Xxxxxxxxx Xxxxxx, PO Box 439Xxxxxx, Frederick, Colorado 80530Xxxxxxxx 00000, or such other address as shall be furnished in writing to the Option Holder by the Company. Such written notice shall specify that the Option is being exercised, and the number of shares of Stock with respect to which the Option is exercised, the Option Price shall be paid no later than 30 days after the notice of exercise is delivered. The Option shall be exercised only when the Option Price is paid in full. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state securities laws. Legends evidencing such restrictions may be placed on the Stock certificates. The purchase of such Stock shall take place at the address of the Company set forth above upon delivery of a notice of exercise that specifies the number of shares with respect to which the Option is being exercised and payment of the Option Price for the Stock in full, within 30 days of the delivery of the notice of exercise, (i) by certified or cashier’s 's check payable to the Company’s 's order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose, or (iii) by delivery to the Company of certificates representing the number of shares of Stock then owned by the Option Holder, the Fair Market Value of which equals the Option Price of the Stock to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery to the Company of certificates representing Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to the Company of a properly executed notice of exercise together with irrevocable instructions to a broker to deliver to the Company promptly the amount of the proceeds of the sale of all or a portion of the Stock or of a loan from the broker to the Option Holder required to pay the Option Price; provided, however, that if the Option Holder is subject to the Xxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loan. For purposes of this Option, the Fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option shall be the Fair Market Value as of the exercise date; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Price. Upon such notice to the Company and payment of the Option Price, the exercise of the Option shall be deemed to be effective, and a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Uqm Technologies Inc), Incentive Stock Option Agreement (Uqm Technologies Inc)
Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together with payment of the Option Price as provided below, exercise in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM TechnologiesFrontier Airlines, Inc., Attention: Corporate Secretary, 0000 Xxxxxx XxxxxXxxxx Xxxx, PO Box 439Xxxxxx, Frederick, Colorado 80530Xxxxxxxx 00000, or such other address as shall be furnished in writing to the Option Holder by the Company, and payment of the Option Price in full as described below. Such written notice shall specify that the Option is being exercised, exercised and the number of shares of Stock with respect to which the Option is exercised, . Payment of the Option Price shall for the Stock in full, together with any taxes, must be paid no later than made within 30 days after of the delivery of the notice of exercise (i) by certified or cashier's check payable to the Company's order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose. Payment may be made by the Option Holder or by a broker who is deliveredassisting the Option Holder with the exercise of the Option. The Option purchase of such Stock shall take place at the address of the Company and be exercised only when effective upon delivery of the notice of exercise and payment of the Option Price is paid for the Stock in fullfull together with any applicable taxes. At the time of purchase, a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder or a broker designee as instructed by the Option Holder. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state securities laws. Legends evidencing such restrictions may be placed on the Stock certificates. The purchase of such Stock shall take place at the address of the Company set forth above upon delivery of a notice of exercise that specifies the number of shares with respect to which the Option is being exercised and payment of the Option Price for the Stock in full, within 30 days of the delivery of the notice of exercise, (i) by certified or cashier’s check payable to the Company’s order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose, or (iii) by delivery to the Company of certificates representing the number of shares of Stock then owned by the Option Holder, the Fair Market Value of which equals the Option Price of the Stock to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery to the Company of certificates representing Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to the Company of a properly executed notice of exercise together with irrevocable instructions to a broker to deliver to the Company promptly the amount of the proceeds of the sale of all or a portion of the Stock or of a loan from the broker to the Option Holder required to pay the Option Price; provided, however, that if the Option Holder is subject to the Xxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loan. For purposes of this Option, the Fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option shall be the Fair Market Value as of the exercise date; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Price. Upon such notice to the Company and payment of the Option Price, the exercise of the Option shall be deemed to be effective, and a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Frontier Airlines Inc /Co/), Incentive Stock Option Agreement (Frontier Airlines Inc /Co/)
Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together in accordance with payment of the Option Price as provided below, in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM Technologies, Inc., Attention: Corporate Secretary, 0000 Xxxxxx Xxxxx, PO Box 439, Frederick, Colorado 80530, or such other address as shall be furnished in writing to the Option Holder rules established by the Company. Such written notice shall specify that the Option is being exercised, and the number of shares of Stock with respect to which the Option is exercised, the Option Price shall be paid no later than 30 days after the notice of exercise is delivered. The Option shall be exercised only when the Option Price is paid in full. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state securities laws. Legends evidencing such restrictions may be placed on the Stock certificates. The purchase of such Stock shall take place at the address of the Company set forth above upon delivery of a notice of exercise that specifies the number of shares with respect to which the Option is being exercised and payment of the Option Price for the Stock in full, within 30 days of the delivery of the notice of exercise, full (i) in cash or by certified check, bank draft or cashier’s check money order payable to the order of the Company’s order, or (ii) by wire transfer delivering shares of Stock having a Fair Market Value on the date of payment equal to the amount of the Option Price, but only to the extent such account as may be specified exercise of the Option would not result in an accounting compensation charge with respect to the shares used to pay the Option Price unless otherwise determined by the Company for this purposeCommittee, or (iii) by delivery to the Company of certificates representing the number of shares of Stock then owned by the Option Holder, the Fair Market Value of which equals the Option Price a combination of the Stock to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery to the Company of certificates representing Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to the Company of a properly executed notice of exercise together with irrevocable instructions to a broker to deliver to the Company promptly the amount of the proceeds of the sale of all or a portion of the Stock or of a loan from the broker to the Option Holder required to pay the Option Price; provided, however, that if the Option Holder is subject to the Xxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loanforegoing. For purposes of this Option, the Fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option shall be the Fair Market Value as on the day prior to the remittance of the exercise dateStock; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Price. In addition to the foregoing, the Option may be exercised by a broker-dealer acting on behalf of the Option Holder if (A) the broker-dealer has received from the Option Holder or the Company a notice evidencing the exercise of the Option and instructions signed by the Option Holder requesting the Company to deliver the shares of Stock subject to the Option to the broker-dealer on behalf of the Option Holder and specifying the account into which such shares should be deposited, (B) adequate provision has been made with respect to the payment of any withholding taxes due upon such exercise, and (C) the broker-dealer and the Option Holder have otherwise complied with Section 220.3(e)(4) of Regulation T, 12 CFR, Part 220 and any successor rules and regulations applicable to such exercise. If, upon exercise of an Option, the Option Price is paid by a broker's transaction as provided in the preceding sentence, Fair Market Value, for purposes of the exercise, shall be the price at which the Stock is sold by the broker. If the Option Price is paid by means of a broker's transaction described in the preceding sentences, in whole or in part, the closing of the purchase of the Stock under the Option shall take place (and the Option shall be treated as exercised) on the date on which, and only if, the sale of Stock upon which the broker's transaction was based has been closed and settled, unless the Option Holder makes an irrevocable written election, at the time of exercise of the Option, to have the exercise treated as fully effective for all purposes upon receipt of the exercise price by the Company regardless of whether or not the sale of the Common Stock by the broker is closed and settled. Upon such notice to the Company and payment of the Option Price, the exercise of the Option shall be deemed to be effective, and a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder.
Appears in 2 contracts
Samples: Equity Incentive Plan Non Qualified Stock Option Agreement for Directors (Wild Oats Markets Inc), Equity Incentive Plan Non Qualified Stock Option Agreement (Wild Oats Markets Inc)
Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together with payment of the Option Price as provided below, in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM Technologies, Inc.CompleTel Europe N.V., Attention: Corporate SecretaryChief Financial Officer, 0000 Xxxxxx XxxxxTour Egee, PO Box 4399-11, Frederickallee de L'Arche; 92671 Courbevoie, Colorado 80530Cedex, France, or such other address as shall be furnished in writing to the Option othxx xxxxxxx xx xxxxx xx xxxxxxxxx xx xxxxxxx xx xxx Xxxxon Holder by the Company. Such written notice shall specify that the Option is being exercised, and the number of shares of Stock with respect to which the Option is exercised, and shall be accompanied by payment of the Option Price shall be paid no later than 30 days after the notice of exercise is deliveredPrice. The Option shall be exercised only when the Option Price is paid in full. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state applicable securities laws. Legends evidencing such restrictions may be placed on the Stock certificates. The purchase issuance or transfer of such Stock shall take place at the address of the Company set forth above upon delivery of a the notice of exercise that specifies the number of shares with respect to exercise, at which the Option is being exercised and payment of time the Option Price for the Stock shall be paid in full, within 30 days of the delivery of the notice of exercise, full in lawful currency (i) by certified or cashier’s 's check payable to the Company’s 's order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose, or (iii) at the election of the Employee and subject to acceptance of the Company, by delivery selling and transferring to the Company of certificates representing the a number of shares of Stock then owned by the Option Holder, Holder the Fair Market Value value of which equals the Option Price of the Stock to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery sale to the Company of certificates representing such Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to months and provided the Company of a properly executed notice of exercise together with irrevocable instructions is able by applicable Dutch law to a broker to deliver to the Company promptly the amount of the proceeds of the sale of all or a portion of the Stock or of a loan from the broker to the Option Holder required to pay the Option Price; provided, however, that if the Option Holder is subject to the Xxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loanpurchase such Stock. For purposes of this Option, the Fair fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option pursuant to (iii) hereof shall be the Fair Market Value as of the exercise date; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Pricepursuant to (iii) hereof. Upon such notice to the Company and payment of the Option Price, the exercise of the Option shall be deemed to be effective, and a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder; provided, however, that the Company shall be under no obligation to issue a certificate or certificates representing the Stock so purchased until the Option Holder has made arrangements satisfactory to the Company for the payment of any withholding or other taxes that arise or become payable as a result of the exercise of the Option. For purposes of this Agreement, Fair Market Value shall mean the average of the closing prices of the Stock on the Premier Marche of the Paris Bourse SBF SA for the thirty (30) consecutive trading days prior to the date on which fair market value is determined, or if the Stock is not traded, as the determined pursuant to the Plan.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Comple Tel Europe Nv), Non Qualified Stock Option Agreement (Comple Tel Europe Nv)
Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together in accordance with payment of the Option Price as provided below, in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM Technologies, Inc., Attention: Corporate Secretary, 0000 Xxxxxx Xxxxx, PO Box 439, Frederick, Colorado 80530, or such other address as shall be furnished in writing to the Option Holder rules established by the Company. Such written notice shall specify that the Option is being exercised, and the number of shares of Stock with respect to which the Option is exercised, the Option Price shall be paid no later than 30 days after the notice of exercise is delivered. The Option shall be exercised only when the Option Price is paid in full. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state securities laws. Legends evidencing such restrictions may be placed on the Stock certificates. The purchase of such Stock shall take place at the address of the Company set forth above upon delivery of a notice of exercise that specifies the number of shares with respect to which the Option is being exercised and payment of the Option Price for the Stock in full, within 30 days of the delivery of the notice of exercise, full (i) in cash or by certified check, bank draft or cashier’s check money order payable to the order of the Company’s order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose, or (iii) by delivery to the Company of certificates representing the number of delivering shares of Stock then owned by the Option Holder, the having a Fair Market Value on the date of which equals the Option Price of the Stock payment equal to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery to the Company of certificates representing Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to the Company of a properly executed notice of exercise together with irrevocable instructions to a broker to deliver to the Company promptly the amount of the proceeds Option Price, but only to the extent such exercise of the sale of all or a portion of the Stock or of a loan from the broker Option would not result in an accounting compensation charge with respect to the Option Holder required shares used to pay the Option Price; providedPrice unless otherwise determined by the Committee, however, that if or (3) a combination of the Option Holder is subject to the Xxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loanforegoing. For purposes of this Option, the Fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option shall be the Fair Market Value as on the day prior to the remittance of the exercise dateStock; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Price. Upon such notice In addition to the Company and payment foregoing, the Option may be exercised by a broker-dealer acting on behalf of the Option Price, Holder if (A) the broker-dealer has received from the Option Holder or the Company a notice evidencing the exercise of the Option and instructions signed by the Option Holder requesting the Company to deliver the shares of Stock subject to the Option to the broker-dealer on behalf of the Option Holder and specifying the account into which such shares should be deposited, (B) adequate provision has been made with respect to the payment of any withholding taxes due upon such exercise, and (C) the broker-dealer and the Option Holder have otherwise complied with Section 220.3(e)(4) of Regulation T, 12 CFR, Part 220 and any successor rules and regulations applicable to such exercise. If, upon exercise of an Option, the Option Price is paid by a broker's transaction as provided in the preceding sentence, Fair Market Value, for purposes of the exercise, shall be deemed to the price at which the Stock is sold by the broker. If the Option Price is paid by means of a broker's transaction described in the preceding sentences, in whole or in part, the closing of the purchase of the Stock under the Option shall take place (and the Option shall be effectivetreated as exercised) on the date on which, and a properly executed certificate or certificates representing only if, the sale of Stock so purchased shall be issued upon which the broker's transaction was based has been closed and settled, unless the Option Holder makes an irrevocable written election, at the time of exercise of the Option, to have the exercise treated as fully effective for all purposes upon receipt of the exercise price by the Company regardless of whether or not the sale of the Common Stock by the broker is closed and delivered to the Option Holdersettled. 4.
Appears in 1 contract
Samples: Equity Incentive Plan Incentive Stock Option Agreement (Wild Oats Markets Inc)
Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together with payment of the Option Price as provided below, in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM Technologies, Inc., Attention: Corporate Secretary, 0000 7000 Xxxxxx Xxxxx, PO Box 439, Frederick, Colorado 80530, or such other address as shall be furnished in writing to the Option Holder by the Company. Such written notice shall specify that the Option is being exercised, and the number of shares of Stock with respect to which the Option is exercised, the Option Price shall be paid no later than 30 days after the notice of exercise is delivered. The Option shall be exercised only when the Option Price is paid in full. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state securities laws. Legends evidencing such restrictions may be placed on the Stock certificates. The purchase of such Stock shall take place at the address of the Company set forth above upon delivery of a notice of exercise that specifies the number of shares with respect to which the Option is being exercised and payment of the Option Price for the Stock in full, within 30 days of the delivery of the notice of exercise, (i) by certified or cashier’s check payable to the Company’s order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose, or (iii) by delivery to the Company of certificates representing the number of shares of Stock then owned by the Option Holder, the Fair Market Value of which equals the Option Price of the Stock to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery to the Company of certificates representing Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to the Company of a properly executed notice of exercise together with irrevocable instructions to a broker to deliver to the Company promptly the amount of the proceeds of the sale of all or a portion of the Stock or of a loan from the broker to the Option Holder required to pay the Option Price; provided, however, that if the Option Holder is subject to the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loan. For purposes of this Option, the Fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option shall be the Fair Market Value as of the exercise date; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Price. Upon such notice to the Company and payment of the Option Price, the exercise of the Option shall be deemed to be effective, and a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Uqm Technologies Inc)
Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together with payment of the Option Price as provided below, in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM Technologies, Inc., Attention: Corporate Secretary, 0000 7000 Xxxxxx Xxxxx, PO Box 439, FrederickFxxxxxxxx, Colorado 80530, or such other address as shall be furnished in writing to the Option Holder by the Company. Such written notice shall specify that the Option is being exercised, and the number of shares of Stock with respect to which the Option is exercised, the Option Price shall be paid no later than 30 days after the notice of exercise is delivered. The Option shall be exercised only when the Option Price is paid in full. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state securities laws. Legends evidencing such restrictions may be placed on the Stock certificates. The purchase of such Stock shall take place at the address of the Company set forth above upon delivery of a notice of exercise that specifies the number of shares with respect to which the Option is being exercised and payment of the Option Price for the Stock in full, within 30 days of the delivery of the notice of exercise, (i) by certified or cashier’s check payable to the Company’s order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose, or (iii) by delivery to the Company of certificates representing the number of shares of Stock then owned by the Option Holder, the Fair Market Value of which equals the Option Price of the Stock to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery to the Company of certificates representing Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to the Company of a properly executed notice of exercise together with irrevocable instructions to a broker to deliver to the Company promptly the amount of the proceeds of the sale of all or a portion of the Stock or of a loan from the broker to the Option Holder required to pay the Option Price; provided, however, that if the Option Holder is subject to the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loan. For purposes of this Option, the Fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option shall be the Fair Market Value as of the exercise date; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Price. Upon such notice to the Company and payment of the Option Price, the exercise of the Option shall be deemed to be effective, and a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Uqm Technologies Inc)
Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together with payment of the Option Price as provided below, in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM TechnologiesFormus Communications, Inc., Attention: Corporate Secretary720 Xxxxx Xxxxxxxx Xxxxxxxxx, 0000 Xxxxxx Xxxxx 000 Xxxxx, PO Box 439Xxxxxx, FrederickXxxxxxxx 00000, Colorado 80530, or xx such other address as shall be furnished in writing to the Option Holder by the Company. Such written notice shall specify that the Option is being exercised, exercised and the number of shares of Stock with respect to which the Option is exercised, and shall be accompanied by payment of the Option Price shall be paid no later than 30 days after the notice of exercise is delivered. The Option shall be exercised only when the Option Price is paid in full. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state securities laws. Legends evidencing such restrictions may be placed on the Stock certificatesPrice. The purchase of such Stock shall take place at the address of the Company set forth above upon delivery of a the notice of exercise that specifies the number of shares with respect to exercise, at which the Option is being exercised and payment of time the Option Price for the Stock shall be paid in full, within 30 days of the delivery of the notice of exercise, (i) full by certified or cashier’s 's check payable to the Company’s 's order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose, or (iii) by delivery to the Company of certificates representing the number of shares of Stock then owned by the Option Holder, the Fair Market Value of which equals the Option Price of the Stock to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery to the Company of certificates representing Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to the Company of a properly executed notice of exercise together with irrevocable instructions to a broker to deliver to the Company promptly the amount of the proceeds of the sale of all or a portion of the Stock or of a loan from the broker to the Option Holder required to pay the Option Price; provided, however, that if the Option Holder is subject to the Xxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loan. For purposes of this Option, the Fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option shall be the Fair Market Value as of the exercise date; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Price. Upon such notice to the Company and payment of the Option Price, the exercise of the Option shall be deemed to be effective, and a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder.
Appears in 1 contract
Method for Exercising the Option. The Option may be exercised only by delivery of written notice of exercise, together with payment of the Option Price as provided below, in person or through certified or registered mail, fax or overnight delivery to the Company at the following address: UQM Technologies, Inc.CompleTel Europe N.V., Attention: Corporate SecretaryChief Financial Officer, 0000 Xxxxxx Tour Egee, 0-00 xxxxx xx X'Xxxxx; 00000 Xxxxxxxxxx, Xxxxx, PO Box 439, Frederick, Colorado 80530Xxxxxx, or such other address as shall be furnished in writing to the Option Holder by the Company. Such written notice shall specify that the Option is being exercised, and the number of shares of Stock with respect to which the Option is exercised, and shall be accompanied by payment of the Option Price shall be paid no later than 30 days after the notice of exercise is deliveredPrice. The Option shall be exercised only when the Option Price is paid in full. The Company intends to register the shares of Stock subject to this Option and this Option on a Form S-8 Registration Statement (or any successor or replacement Form). Notwithstanding such registration, the Company may require the Option Holder, as a condition of exercise of this Option, to give written assurance in substance and form satisfactory to the Company and its counsel to the effect that the Option Holder is acquiring the Stock for his own account for investment and not with any present intention of selling or otherwise distributing the same, and to such other effects as the Company deems necessary or appropriate in order to comply with federal and state applicable securities laws. Legends evidencing such restrictions may be placed on the Stock certificates. The purchase issuance or transfer of such Stock shall take place at the address of the Company set forth above upon delivery of a the notice of exercise that specifies the number of shares with respect to exercise, at which the Option is being exercised and payment of time the Option Price for the Stock shall be paid in full, within 30 days of the delivery of the notice of exercise, full in lawful currency (i) by certified or cashier’s 's check payable to the Company’s 's order, or (ii) by wire transfer to such account as may be specified by the Company for this purpose, or (iii) at the election of the Employee and subject to acceptance of the Company, by delivery selling and transferring to the Company of certificates representing the a number of shares of Stock then owned by the Option Holder, Holder the Fair Market Value of which equals the Option Price of the Stock to be purchased pursuant to the Option, properly endorsed for transfer to the Company; provided, however, that no Option may be exercised by delivery sale to the Company of certificates representing such Stock, unless such Stock has been held by the Option Holder for more than six (6) months, or (iv) by delivery to months and provided the Company of a properly executed notice of exercise together with irrevocable instructions is able by applicable Dutch law to a broker to deliver to the Company promptly the amount of the proceeds of the sale of all or a portion of the Stock or of a loan from the broker to the Option Holder required to pay the Option Price; provided, however, that if the Option Holder is subject to the Xxxxxxxx-Xxxxx Act of 2002, the Option Price shall not be paid with the proceeds of a loanpurchase such Stock. For purposes of this Option, the Fair Market Value of any shares of Stock delivered in payment of the Option Price upon exercise of the Option pursuant to (iii) hereof shall be the Fair Market Value as of the exercise date; the exercise date shall be the day of delivery of the certificates for the Stock used as payment of the Option Pricepursuant to (iii) hereof. Upon such notice to the Company and payment of the Option Price, the exercise of the Option shall be deemed to be effective, and a properly executed certificate or certificates representing the Stock so purchased shall be issued by the Company and delivered to the Option Holder; provided however, the Company shall be under no obligation to issue a certificate or certificates representing the Stock so purchased until the Option Holder has made arrangements satisfactory to the Company for the payment of any withholding or other taxes that arise or become payable as a result of the exercise of the Option. For purposes of this Agreement, Fair Market Value shall mean the average of the closing prices of the Stock on the PREMIER MARCHE of the PARIS BOURSE SBF SA for the thirty (30) consecutive trading days prior to the date on which fair market value is determined.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Comple Tel Europe Nv)