Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 14 contracts
Samples: Non Qualified Stock Option Agreement, Non Qualified Stock Option Agreement (Jamba, Inc.), Non Qualified Stock Option Agreement (Zoo Entertainment, Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 12 contracts
Samples: Incentive Stock Option Agreement, Incentive Stock Option Agreement (Interleukin Genetics Inc), Incentive Stock Option Agreement (Paratek Pharmaceuticals Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, including, without limitation, Section 10 hereof, the Option may be exercised by written notice to the Company or its designeeCompany, in substantially at the form principal executive office of Exhibit A attached heretothe Company. Such notice shall state the election to exercise the Option and the number of Shares with in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option. Payment , and shall be in substantially the form attached hereto as Exhibit A. Such notice shall be accompanied by payment of the full purchase price for such Shares shall be made in accordance with Paragraph 9 of United States dollars, and the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Director and if the Participant Director shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Director and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantDirector, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 6 contracts
Samples: Nonqualified Stock Option Agreement (Sparta Pharmaceuticals Inc), Nonqualified Stock Option Agreement (Sparta Pharmaceuticals Inc), Nonqualified Stock Option Agreement (Sparta Pharmaceuticals Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the (i) The Option may be exercised by giving written notice to the Company or its designeenotice, in form substantially the form of as set forth in Exhibit A attached hereto. Such notice shall state 1 hereof, to Employer at its principal office, specifying the number of Option Shares to be purchased and accompanied by payment in full of the aggregate purchase price for the Shares. Only full Shares shall be delivered and any fractional share which might otherwise be deliverable upon exercise of an Option granted hereunder shall be forfeited. (ii) The purchase price shall be payable in cash or its equivalent. (iii) Upon receipt of such notice and payment, Employer, within three (3) business days after Exercise, shall deliver or cause to be delivered a certificate or certificates representing the Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Optionexercised. Payment of the purchase price The certificate or certificates for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person his spouse, jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, is exercised by any person other than after the Participantdeath or Legal Disability of Employee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be shares purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.nonassessable by Employer. (e) Non-transferability of Option. The Option is not assignable or transferable, in whole or in part, by Employee, otherwise than by will or by the laws of descent and distribution. During the lifetime of Employee, the Option shall be exercisable only by Employee or, in the event of his Legal Disability, by his legal representative. (f)
Appears in 5 contracts
Samples: Employment Agreement (Derma Sciences Inc), Employment Agreement (Derma Sciences Inc), Employment Agreement (Derma Sciences Inc)
Method of Exercising Option. (a) Subject to the terms and conditions of this Agreement, the Option may be exercised exercised, at any time prior to the expiration date specified in such option, by written notice to the Company or at its designee, in substantially the form of Exhibit A attached heretoexecutive offices. Such notice shall state the election to exercise the Option and the number of Shares with shares in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option. Payment , and shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of the Planshares. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance . Payment of such Shares until completion purchase price shall be made by a certified check payable to the order of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws)Company. The Shares certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of or survivorship) and shall be delivered as provided above to or upon the written order of the person Employee exercising the Option. In the event the Option shall be exercised, exercised pursuant to Section 4 hereof, paragraph 9 of the Agreement by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 5 contracts
Samples: Non Qualified Stock Option Agreement (K Tel International Inc), Nonqualified Stock Option Agreement (K Tel International Inc), Non Qualified Stock Option Agreement (K Tel International Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 5 contracts
Samples: American Well Corporation (American Well Corp), Incentive Stock Option Agreement (Alphatec Holdings, Inc.), Form of Incentive Stock Option Agreement (Latrobe Specialty Metals, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state designee stating the number of Shares with respect to which the Option is being exercised and shall be signed delivered in such form as may be designated from time to time by the person exercising the OptionCompany. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 10 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 4 contracts
Samples: Non Qualified Stock Option Terms And (ImmunoGen, Inc.), Option Agreement (ImmunoGen, Inc.), Non Qualified Stock Option Terms and Conditions (ImmunoGen, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by written notice to the Company or Corporation at its designee, in substantially principal business address attention of the form of Exhibit A attached heretoSecretary. Such notice shall state the election to exercise the Option and the number of Shares with shares in respect to of which the Option it is being exercised exercised, and shall be signed by the person or persons so exercising the Option. Payment of the purchase price for such Shares At that time, this Option Agreement shall be made turned in accordance with Paragraph 9 to the Corporation for action by the Corporation to reduce the number of the Planshares to which it applies. The Company shall deliver such Shares as soon as practicable after the Such notice shall be receivedaccompanied by payment in cash or by check, providedor by shares of the Common Stock, howeveror by a combination of these methods of payment. Payment may also be made by delivery of a notice of “net exercise” to the Corporation, pursuant to which the Optionee shall receive the number of shares of Stock underlying the Option so exercised reduced by the number of shares of Stock equal to the aggregate exercise price of the Option divided by the Fair Market Value on the date of exercise, or by delivery (including delivery by facsimile transmission) to the Corporation or its designated agent of an executed irrevocable option exercise form together with irrevocable instructions to a broker-dealer to sell a sufficient portion of the shares and deliver the sale proceeds directly to the Corporation to pay for the exercise price. In the event that payment is made in shares of the Company may delay issuance Common Stock, the per share value of the Common Stock shall be the Fair Market Value of such Shares until completion stock on the date of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws)exercise. The Shares certificate or certificates or book entries as applicable, for the shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option Option, (or, if the Option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Option, the certificate or certificates or book entry shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with the right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, exercised by any person or persons other than the ParticipantOptionee (to the extent permitted under this Option Agreement), such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 4 contracts
Samples: Incentive Stock Option Agreement (Psychemedics Corp), Non Qualified Stock Option Agreement (Psychemedics Corp), Non Qualified Stock Option Agreement (Psychemedics Corp)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 4 contracts
Samples: Incentive Stock Option Agreement (AMEDICA Corp), Incentive Stock Option Agreement (AMEDICA Corp), Incentive Stock Option Agreement (Neogenix Oncology Inc)
Method of Exercising Option. Subject to the terms and conditions of this --------------------------- Option Agreement, the Option may be exercised by upon written notice to the Company or Company, at its designeeprincipal office, in substantially the form of Exhibit A attached heretowhich is located at 0 Xxxxxxxxxxxx Xxx, Xxxxxxxxx, Xxx Xxxxxx 00000. Such notice (a suggested form of which is attached) shall state the election to exercise the Option and the number of Shares shares with respect to which it is being exercised; shall be signed by the person or persons so exercising the Option; shall (if required by the terms thereof) be accompanied by the investment certificate referred to in Paragraph 6; and shall be accompanied by payment of the full Option price of such shares. The Option price shall be paid to the Company in cash or by certified check. Upon receipt of such notice and payment, the Company, as promptly as practicable (but no later than ren (10) days after receipt of such notice and payment), shall deliver or cause to be delivered a certificate or certificates representing the shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Planso exercised. The Company shall deliver such Shares as soon as practicable after certificate or certificates representing the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person the Optionee's spouse, jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, exercised by any person other than or persons after the Participantlegal disability or death of the Optionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided herein shall be validly issued, fully paid and nonassessablenon-assessable by the Company.
Appears in 4 contracts
Samples: Stock Option Agreement (Total Research Corp), Stock Option Agreement (Total Research Corp), Stock Option Agreement (Total Research Corp)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 4 contracts
Samples: Agreement (Memory Pharmaceuticals Corp), Agreement (Memory Pharmaceuticals Corp), Non Qualified Stock Option Agreement (Alloy Online Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (Curagen Corp), Non Qualified Stock Option Agreement (Ergo Science Corp /De/), Non Qualified Stock Option Agreement (Curagen Corp)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (Dicerna Pharmaceuticals Inc), Non Qualified Stock Option Agreement (Invivo Therapeutics Holdings Corp.), Scientific Advisory Board Agreement (Invivo Therapeutics Holdings Corp.)
Method of Exercising Option. (a) Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached heretohereto (or in such other form acceptable to the Company, which may include electronic notice). Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the OptionOption (which signature may be provided electronically in a form acceptable to the Company). Payment of the purchase price Exercise Price for such Shares shall be made in accordance with Paragraph 9 Section 5(b) of the Planthis Agreement. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (BG Medicine, Inc.), Non Qualified Stock Option Agreement (BG Medicine, Inc.), Non Qualified Stock Option Agreement (BG Medicine, Inc.)
Method of Exercising Option. Subject to the terms and conditions of --------------------------- this Agreement, the Option this option may be exercised by written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, pursuant to Section 4 Article 5 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 3 contracts
Samples: Davox Corporation (Davox Corp), Qualified Incentive Stock Option Agreement (Davox Corp), Qualified Stock Option Agreement (Davox Corp)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph Section 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Non-Employee Director and if the Participant Non-Employee Director shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Non-Employee Director and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantNon-Employee Director, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (Madrigal Pharmaceuticals, Inc.), Madrigal Pharmaceuticals, Inc., Synta Pharmaceuticals Corp
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (AMEDICA Corp), Non Qualified Stock Option Agreement (AMEDICA Corp), Non Qualified Stock Option Agreement (Amedica Corp)
Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by written notice to the Chief Financial Officer of the Company or its designee, in substantially at the form principal office of Exhibit A attached heretothe Company. Such notice shall state the election to exercise the Option and the number of Shares with shares in respect to of which the Option it is being exercised exercised, and shall be signed by the person so exercising the Option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shares which payment shall be made (i) in accordance cash or by certified check or bank draft payable to the Company, (ii) by any other form of legal consideration deemed sufficient by the Company and consistent with Paragraph 9 the purpose of the 2013 Stock Plan and applicable law, (iii) in the sole discretion of the Company, by delivery of shares of Common Stock of the Company having a Fair Market Value equal to the purchase price, or (iv) by a combination of cash and shares of Common Stock, whose Fair Market Value shall equal the purchase price. For purposes of this paragraph, the “Fair Market Value” of the Common Stock of the Company shall be established in the manner set forth in Section 2(p) of the 2013 Stock Plan. The Company shall deliver such Shares as soon as practicable after certificate or certificates for the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (orOption, or if the Option shall be exercised by the Participant and if the Participant shall Optionee so request in the notice exercising the Optionelects, shall be registered in the Company’s share register in the name of the Participant and another Optionee or one other person jointlyas joint tenants, with right of survivorship) and shall be delivered as provided above to or upon soon as practicable after the written order of the person exercising the Optionnotice shall have been received. In the event the Option shall be exercised, pursuant to Section 4 hereof, exercised by any person other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 3 contracts
Samples: Non Qualified (Arctic Cat Inc), Stock Option Agreement (Arctic Cat Inc), Stock Option Agreement (Arctic Cat Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (American Well Corp), Non Qualified Stock Option Agreement (Alphatec Holdings, Inc.), Non Qualified Stock Option Agreement (Alphatec Holdings, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (Immunogen Inc), Non Qualified Stock Option Agreement (Response Genetics Inc), Non Qualified Stock Option Agreement (Amalgamated Technologies Inc)
Method of Exercising Option. Subject to the terms and conditions of this --------------------------- Agreement, the Option this option may be exercised by written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, pursuant to Section 4 Article 5 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (Perseptive Biosystems Inc), Incentive Stock Option Agreement (Matritech Inc/De/), Non Qualified Stock Option Agreement (Perseptive Biosystems Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s 's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (Enernoc Inc), Incentive Stock Option Agreement (Altus Pharmaceuticals Inc.), Incentive Stock Option Agreement (National Datacomputer Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Non-Employee Director and if the Participant Non-Employee Director shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Non-Employee Director and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantNon-Employee Director, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Immunogen Inc), Non Qualified Stock Option Agreement (Altus Pharmaceuticals Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designeeCompany, in substantially at the form principal executive office of Exhibit A attached heretothe Company. Such notice shall state the election to exercise the Option and the number of Shares with in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option. , and shall be in substantially the form attached hereto as Exhibit A. Payment of the full purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The , and the Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 2 contracts
Samples: Stock Option Agreement (A C Moore Arts & Crafts Inc), Stock Option Agreement (A C Moore Arts & Crafts Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company Company, or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Curagen Corp), Non Qualified Stock Option Agreement (Curagen Corp)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Alloy Inc), Incentive Stock Option Agreement (Nuance Communications, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit EXHIBIT A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph Section 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s 's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s 's share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Synta Pharmaceuticals Corp), Synta Pharmaceuticals Corp
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement, Non Qualified Stock Option Agreement (Paratek Pharmaceuticals Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Alloy Online Inc), Incentive Stock Option Agreement (Alloy Online Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price Purchase Price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s 's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Qualified Stock Option Agreement (Archemix Corp.), Qualified Stock Option Agreement (Archemix Corp.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Participant shall have the right to exercise the Option in any manner permitted by Paragraph 8 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Stemline Therapeutics Inc), Non Qualified Stock Option Agreement (Stemline Therapeutics Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof proof, as reasonably determined by the Board of Directors, of the right of such person or persons to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: XVT Software (Peregrine Systems Inc), XVT Software (Peregrine Systems Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the this Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Nexx Systems Inc, Nexx Systems Inc
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option (or any part or installment) may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable. No fractional shares shall be issued hereunder. The Company shall pay the fair market value of any fractional shares exercised hereunder to the Participant in cash in lieu of issuing any fractional shares.
Appears in 2 contracts
Samples: Employee and Consultant Non Qualified Stock Option Agreement (Panera Bread Co), Qualified Stock Option Agreement (Panera Bread Co)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan, which shall include, at the sole option of Participant and hereby approved by the Company, cashless exercise as provided in paragraph 9(c) of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (NeuMedia, Inc.), Non Qualified Stock Option Agreement (NeuMedia, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designeeCompany, in substantially the form of Exhibit A attached heretoat 200 Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxxxxx 00000. Such notice shall state the election to exercise the Option and the number of Shares with shares in respect to which the Option it is being exercised exercised, and shall be signed by the person or persons so exercising the Option. Payment At that time, this Agreement shall be turned in to the Company for action by the Company to reduce the number of shares to which it applies. Such notice shall either: (a) be accompanied by payment of the full purchase price for of such Shares shall be made shares, in accordance with Paragraph 9 of which event the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that received or (b) fix a date (which shall be a business day not less than five nor more than ten business days from the Company may delay issuance date such notice shall be received by the Company) for the payment of the full purchase price of such Shares until completion shares against delivery of any action a certificate or obtaining certificates representing such shares. Payment of any consentsuch purchase price shall, which in either case, be made in the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws)manner provided above. The Shares certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option Option, (or, if the Option shall be exercised by the Participant Employee and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with the right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereofthis Agreement, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Stock Option Agreement (Independent Bank Corp), Stock Option Agreement (Independent Bank Corp)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designeeCompany, in substantially at the form principal executive office of Exhibit A attached heretothe Company. Such notice shall state the election to exercise the Option and the number of Shares with in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option, and shall be in substantially the form attached hereto. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Variagenics Inc), Form of Incentive Stock Option Agreement (Variagenics Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised through an approved broker/dealer by written notice to on such form as is provided by the Company or its designee, in substantially pursuant to other procedures established by the form of Exhibit A attached heretoCompany. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed (whether or not in electronic form) by the person exercising the Option. Payment of the purchase exercise price for such Shares shall be made (a) in United States dollars in cash or by check or by wire transfer to the Company, (b) at the discretion of the Committee, in accordance with Paragraph 9 procedures established by the Company, by delivery of Shares, having a fair market value equal as of the Plandate of the exercise to the exercise price, (c) at the discretion of the Company, in accordance with a cashless exercise program established with a securities brokerage firm, and approved by the Company, (d) through such other method of payment approved by the Company, (e) at the discretion of the Company, by any combination of (a),(b),(c), and (d) above. The Company shall deliver a certificate or certificates (or other evidence of ownership) representing such Shares as soon as practicable after the notice shall be receivednotice, the exercise price and any required withholding taxes have been received by the Company, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary or appropriate under any applicable law (including, without limitation, state securities or “blue sky” laws)) and such Shares shall be subject to such restrictions as the Committee may determine in accordance with the Plan. The certificate or certificates (or other evidence of ownership) representing the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) survivorship and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, exercised by any person or person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Time Warner Inc.), Non Qualified Stock Option Agreement (Time Warner Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s 's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s 's share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Qualified Stock Option Agreement (Enernoc Inc), Non Qualified Stock Option Agreement (National Datacomputer Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designeeCompany, in substantially at the form principal executive office of Exhibit A attached heretothe Company. Such notice shall state the election to exercise the Option and the number of Shares with in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option, and shall be in substantially the form attached hereto. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section Paragraph 4 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Cisco Systems Inc), Non Qualified Stock Option Agreement (Cisco Systems Inc)
Method of Exercising Option. Subject to the terms and conditions of --------------------------- this Agreement, the Option this option may be exercised by written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, pursuant to Section 4 Article 5 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Onewave Inc), Qualified Stock Option Agreement (Onewave Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s 's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Stock Option Agreement (Alphatec Holdings, Inc.), Incentive Stock Option Agreement (Altus Pharmaceuticals Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by written notice to the Company, at the principal executive office of the Company at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxx, XX 00000, or its designee, in substantially to such transfer agent as the form of Exhibit A attached heretoCompany shall designate. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, exercised pursuant to Section 4 hereof, Article 5 hereof by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Swenson Kurt M), Incentive Stock Option Agreement (Swenson Kurt M)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Curagen Corp), Non Qualified Stock Option Agreement (Curagen Corp)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by written notice to the Company or its designeeCompany, in substantially at the form principal executive office of Exhibit A attached heretothe Company. Such notice shall state the election to exercise this option and the number of Shares with respect to shares for which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, pursuant to Section 4 Article 5 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Endogen Inc), Incentive Stock Option Agreement (Endogen Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designeeCompany, in substantially at the form principal executive office of Exhibit A attached heretothe Company. Such notice shall state the election to exercise the Option and the number of Shares with in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option, and shall be in substantially the form attached hereto. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Variagenics Inc), Non Qualified Stock Option Agreement (Variagenics Inc)
Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by written notice to the Chief Financial Officer of the Company or its designee, in substantially at the form principal office of Exhibit A attached heretothe Company. Such notice shall state the election to exercise the Option and the number of Shares with shares in respect to of which the Option it is being exercised exercised, and shall be signed by the person so exercising the Option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shares which payment shall be made (i) in accordance cash or by certified check or bank draft payable to the Company, (ii) by any other form of legal consideration deemed sufficient by the Company and consistent with Paragraph 9 the purpose of this Agreement and applicable law, (iii) in the sole discretion of the PlanCompany, by delivery of shares of Common Stock of the Company having a Fair Market Value equal to the purchase price, or (iv) by a combination of cash and shares of Common Stock, whose Fair Market Value shall equal the purchase price. For purposes of this Section 8, the “Fair Market Value” of the Common Stock of the Company shall be established in the manner set forth in Section 20 of this Agreement. The Company shall deliver such Shares as soon as practicable after certificate or certificates for the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (orOption, or if the Option shall be exercised by the Participant and if the Participant shall Optionee so request in the notice exercising the Optionelects, shall be registered in the Company’s share register in the name of the Participant and another Optionee or one other person jointlyas joint tenants, with right of survivorship) and shall be delivered as soon as practicable after the notice shall have been received. The Option and rights thereunder shall be exercisable during the Optionee’s lifetime only by the Optionee (except as provided above to herein) or, if permissible under applicable law, by the Optionee’s guardian or upon the written order of the person exercising the Optionlegal representative. In the event the Option shall be exercised, pursuant to Section 4 hereof, exercised by any person other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Arctic Cat Inc), Non Qualified Stock Option Agreement (Arctic Cat Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Form of Incentive Stock Option Agreement (Dicerna Pharmaceuticals Inc), Incentive Stock Option Agreement (Invivo Therapeutics Holdings Corp.)
Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by written notice to the Company or its designeeCorporation, in substantially the form of Exhibit A attached heretoat 200 Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxxxxx 00000. Such notice shall state the election to exercise the Option and the number of Shares with shares in respect to which the Option it is being exercised exercised, and shall be signed by the person or persons so exercising the Option. Payment At that time, this Option Agreement shall be turned in to the Corporation for action by the Corporation to reduce the number of shares to which it applies. Such notice shall either: (a) be accompanied by payment of the full purchase price for of such Shares shall be made shares, in accordance with Paragraph 9 of which event the Plan. The Company Corporation shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that ; or (b) fix a date (which shall be a business day not less than five nor more than ten business days from the Company may delay issuance date such notice shall be received by the Corporation) for the payment of the full purchase price of such Shares until completion shares against delivery of any action a certificate or obtaining certificates representing such shares. Payment of any consentsuch purchase price shall, which in either case, be made in the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws)manner provided in Section 4 hereof. The Shares certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option Option, (or, if the Option shall be exercised by the Participant Employee and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with the right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 7 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Option Agreement (Independent Bank Corp), Option Agreement (Independent Bank Corp)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached heretohereto (or in such other form acceptable to the Company, which may include electronic notice). Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the OptionOption (which signature may be provided electronically in a form acceptable to the Company). Payment of the purchase price Exercise Price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Unit Award Agreement (Hydrofarm Holdings Group, Inc.), Stock Option Agreement Incorporated Terms and Conditions (Arsanis, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit EXHIBIT A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph Section 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s 's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s 's share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Synta Pharmaceuticals Corp), Option Agreement (Synta Pharmaceuticals Corp)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: 2005 Stock Plan (Palatin Technologies Inc), Incentive Stock Option Agreement (Coley Pharmaceutical Group, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit EXHIBIT A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph Section 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Madrigal Pharmaceuticals, Inc.), Madrigal Pharmaceuticals, Inc.
Method of Exercising Option. (a) Subject to the terms and conditions of this Agreement, the Option may be exercised at any time and from time to time prior to the expiration date specified in such option, by written notice to the corporate Secretary of the Company or at its designee, in substantially executive offices with a copy to the form Chairman of Exhibit A attached heretothe Board of Directors. Such notice shall state the election to exercise the Option and the number of Shares with shares in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option. Payment , and shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of the Planshares. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance . Payment of such Shares until completion purchase price shall be made by a certified check payable to the order of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws)Company. The Shares certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, exercised pursuant to Section 4 hereof, paragraph 10 of this Agreement by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided herein shall be duly authorized and validly issued and shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Film & Music Entertainment, Inc.), Non Oualified Stock Option Agreement (Film & Music Entertainment, Inc.)
Method of Exercising Option. Subject to the terms and conditions of --------------------------- this Agreement, the Option may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Alloy Online Inc), Non Qualified Stock Option Agreement (Alloy Online Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, including, without limitation, Section 10 hereof, the Option may be exercised by written notice to the Company or its designeeCompany, in substantially at the form principal executive office of Exhibit A attached heretothe Company. Such notice shall state the election to exercise the Option and the number of Shares with in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option. Payment , and shall be in substantially the form attached hereto as Exhibit A. Such notice shall be accompanied by payment of the full purchase price for such Shares shall be made in accordance with Paragraph 9 United States dollars or, in the discretion of the Plan. The Administrator such other consideration as it may approve, and the Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Sparta Pharmaceuticals Inc), Incentive Stock Option Agreement (Sparta Pharmaceuticals Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s 's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Alphatec Holdings, Inc.), Non Qualified Stock Option Agreement (Altus Pharmaceuticals Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached heretohereto (or in such other form acceptable to the Company, which may include electronic notice). Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the OptionOption (which signature may be provided electronically in a form acceptable to the Company). Payment of the purchase price Exercise Price for such Shares shall be made in accordance with Paragraph 9 10 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Services Agreement (TMC the Metals Co Inc.), Agreement
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option (or any part or installment) may be exercised by written notice signed by the Participant and delivered to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached heretohereto or other form approved by the Company, accompanied by payment in full in the manner provided in Section 5(h) of the Plan. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver a certificate or certificates representing such Shares, or issue the Shares in electronic form or book-entry credit, as applicable, as soon as practicable after the notice shall be received, ; provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Panera Bread Co), Non Qualified Stock Option Agreement (Panera Bread Co)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Alloy Inc), Non Qualified Stock Option Agreement (Nuance Communications, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 6 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Coley Pharmaceutical Group, Inc.), Incentive Stock Option Agreement (Coley Pharmaceutical Group, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company, at the principal executive office of the Company, or in accordance with procedures established by the Company or its designee, in substantially for electronic exercise of the form of Exhibit A attached heretoOption. Such notice shall state the election to exercise the Option and the number of Shares with in respect to of which the Option it is being exercised and exercised, shall be signed or otherwise authorized by the person or persons so exercising the OptionOption in substantially the form prescribed by the Company. Payment Such notice shall be accompanied by provision for payment of the full purchase price for such Shares shall be made in accordance with Paragraph 9 the manner set forth in Section 7 of the Plan. The Plan and the Company shall deliver such Shares as soon as practicable after the notice shall be received, : provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Myriad Genetics Inc)
Method of Exercising Option. (a) Subject to the terms and conditions of this Agreement, the Option may be exercised exercised, at any time prior to the expiration date specified in such option, by written notice to the Company or at its designee, in substantially the form of Exhibit A attached heretoexecutive offices. Such notice shall state the election to exercise the Option and the number of Shares with shares in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option. Payment , and shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of the Planshares. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance . Payment of such Shares until completion purchase price shall be made by a certified check payable to the order of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws)Company. The Shares certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Director and if the Participant Director shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Director and another person jointly, with right of or survivorship) and shall be delivered as provided above to or upon the written order of the person Director exercising the Option. In the event the Option shall be exercised, exercised pursuant to Section 4 hereof, paragraph 9 of the Agreement by any person or persons other than the ParticipantDirector, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (K Tel International Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached heretoprescribed by the Company or its designee. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 Section 10 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Madrigal Pharmaceuticals, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designeeCompany, in substantially at the form principal executive office of Exhibit A attached heretothe Company. Such notice shall state the election to exercise the Option and the number of Shares with in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option, and shall be in substantially the form attached hereto. Payment of the purchase price for such Shares shall be made in accordance with Paragraph Section 8(b) and Section 9 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Director Stock Option Agreement (Ibis Technology Corp)
Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the this Option may be exercised by written notice to the Company or Company, at its designeeadministrative office in the State of California, in substantially the form of Exhibit A attached heretowhich presently is located at 17820 Xxxx 00xx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxx 00000. Such Xuch notice shall state the election to exercise the Option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person so exercising the Option. Payment Such notice shall be accompanied by payment in cash, certified check or bank draft in the amount of, or with the prior consent of the purchase price Board of Directors or the Stock Option Committee, certificates for such Shares shall be made shares of Common Stock of the Company having an aggregate fair market value (determined in accordance with Paragraph 9 the manner provided in Section 5 of the Plan. The ) equal to, the full purchase price of such shares, and the Company shall deliver a certificate or certificates representing the shares subject to such Shares exercise as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, exercised by any person or persons other than the ParticipantOptionee in accordance with the terms hereof, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablenon-assessable. The holder of this Option shall not be entitled to the privileges of share ownership as to any shares of Common Stock not actually issued and delivered to him.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Quality Systems Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the this Option may be exercised by written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this Option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the this Option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be and payment have been received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the this Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the this Option (or, if the this Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the this Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the this Option. In the event the this Option shall be exercised, pursuant to Section 4 5 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the this Option. All Shares shares that shall be purchased upon the exercise of the this Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Concord Communications Inc
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company, at the principal executive office of the Company, or in accordance with procedures established by the Company or its designee, in substantially for electronic exercise of the form of Exhibit A attached heretoOption. Such notice shall state the election to exercise the Option and the number of Shares with in respect to of which the Option it is being exercised and exercised, shall be signed or otherwise authorized by the person or persons so exercising the OptionOption in substantially the form prescribed by the Company. Payment Such notice shall be accompanied by provision for payment of the full purchase price for such Shares shall be made in accordance with Paragraph 9 the manner set forth in Section 7 of the Plan. The , and the Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, ; however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Samples: Non Qualified Option Agreement (Myriad Genetics Inc)
Method of Exercising Option. Subject to the terms and conditions of this --------------------------- Agreement, the Option this option may be exercised by written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Matritech Inc/De/)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the this Option may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the this Option is being exercised and shall be signed by the person exercising the this Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 6.3(d) of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the this Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the this Option (or, if the this Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the this Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the this Option. In the event the If this Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the this Option. All Shares that shall be purchased upon the exercise of the this Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, pursuant to Section 4 Article 5 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Mathsoft Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, pursuant to Section 4 hereof, exercised by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Executive Employment Agreement (First New England Dental Centers Inc)
Method of Exercising Option. Subject to the terms and conditions of the Plan and this Agreement, the Option this option may be exercised by written notice to the Company by mail or in person, addressed to the Chief Financing Officer at 000 Xxxxxxxxx Xxxx, Marlboro, Massachusetts 01752, its designee, in substantially the form of Exhibit A attached heretoprincipal executive offices. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 shares. The Company's transfer agent shall, on behalf of the Plan. The Company, prepare a certificate or certificates representing Option Shares acquired upon exercise of this option, shall register the Optionee (or the Optionee's personal representative, heir or legatee if this option is being exercised pursuant to Section 4 hereof) as the owner of the Option Shares on the books of the Company and shall deliver cause the fully executed certificate(s) representing such Shares shares to be delivered to the Optionee (or the Optionee's personal representative, heir or legatee if this option is being exercised pursuant to Section 4 hereof) as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name payment of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request option price in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Optionfull. In the event the Option this option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Concord Communications Inc)
Method of Exercising Option. Subject to the terms and conditions of --------------------------- this Agreement, the this Option may be exercised by written notice to the Vice President and General Counsel of the Company, at its Bedford, Massachusetts office, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this Option and the number of Option Shares with in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the this Option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of Option Shares, and the Plan. The Company or its transfer agent shall deliver a certificate or certificates representing such Option Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Option Shares as to which the this Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the this Option (or, if the this Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the this Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the this Option. In the event the this Option shall be exercised, pursuant to Section 4 5 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the this Option. All Option Shares that shall be purchased upon the exercise of the this Option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Astea International Inc)
Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option or any part thereof may be exercised by written notice to the Company or its designeeCorporation, in substantially the form of Exhibit A attached heretoat 000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxxxxx. Such notice shall state the election to exercise the Option and the number of Shares with in respect to of which the Option it is being exercised exercised, and shall be signed by the person or persons so exercising the Option. Payment Such notice shall either: (a) be accompanied by payment of the full purchase price for of such Shares shall be made Shares, in accordance with Paragraph 9 of which event the Plan. The Company Corporation shall deliver a certificate of certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that ; or (b) fix a date (not less than five nor more than ten business days from the Company may delay issuance date such notice shall be received by the Corporation) for the payment of the full purchase price of such Shares until completion Shares, against delivery of any action a certificate or obtaining certificates representing such Shares. Payment of any consentsuch purchase price shall, which in either case, be made by check payable to the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws)order of the Corporation. The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 paragraph 7 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided provide herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (CB Financial Services, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by written notice to the Company, at its principal executive office or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this option and the number of Option Shares with respect to for which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by (i) payment of the full purchase price for of such Shares shall be made shares (as provided in accordance with Paragraph 9 Section 7 hereof) and (ii) in the case of the Planfirst exercise of an option by the Employee, a counterpart of the Stock Restriction Agreement, signed by the person or persons so exercising this option. The Company shall deliver a certificate or certificates representing the shares issued upon such Shares exercise as soon as practicable after the notice and Stock Restriction Agreement shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action . Such certificate or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised certificates shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option). In the event the Option this option shall be exercised, pursuant to Section 4 5 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablethis option.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Cisco Systems Inc)
Method of Exercising Option. (a) Subject to the terms and conditions of this Agreement, the Option may be exercised at any time and from time to time prior to the expiration date specified in such option, by written notice to the corporate Secretary of the Company or at its designee, in substantially executive offices with a copy to the form Chairman of Exhibit A attached heretothe Board of Directors. Such notice shall state the election to exercise the Option and the number of Shares with shares in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option. Payment , and shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of the Planshares. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance . Payment of such Shares until completion purchase price shall be made by a certified check payable to the order of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws)Company. The Shares certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (( or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, exercised pursuant to Section 4 hereof, paragraph 10 of this Agreement by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided herein shall be duly authorized and validly issued and shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Film & Music Entertainment, Inc.)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the this Option may be exercised by written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this Option and the number of Option Shares with in respect to of which the Option it is being exercised and shall be signed by the person so exercising the this Option. Payment Such notice shall be accompanied by payment of the purchase full exercise price for of such Shares shall be made in accordance with Paragraph 9 of Option Shares, and the Plan. The Company shall deliver a certificate representing such Option Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate for the Option Shares as to which the this Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the this Option (or, if the this Option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the this Option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the this Option. In the event the this Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the this Option. All Option Shares that shall be purchased upon the exercise of the this Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by written notice to the Company or its designeeCompany, in substantially at the form principal executive office of Exhibit A attached heretothe Company. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons to exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, pursuant to Section 4 5 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written or electronic notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Method of Exercising Option. Subject to the terms and conditions of this AgreementOption, the Option may be exercised by written notice to the Company or its designeeCorporation’s legal counsel, in substantially the form of Exhibit A attached heretoXxxxxxx X. Xxxxxxxxx, Xx., 000 Xxxxxxxx Xxxx., Carrollton, Georgia, 30117 (phone: 000-000-0000). Such notice shall state the election to exercise the Option and the number of Shares with shares in respect to of which the Option it is being exercised exercised, and shall be signed by the person or persons so exercising the Option. Upon receipt of such notice, accompanied by payment of the full purchase price of such shares and the original, signed draft of this Option, the Corporation’s counsel shall deliver to Grantee a certificate or certificates representing such shares and a new option for those shares not exercised, if any. Payment of the such purchase price for such Shares shall be made in accordance with Paragraph 9 by check payable to the order of the PlanCorporation. The Company shall deliver such Shares as soon as practicable after certificate or certificates for the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Grantee and if the Participant Grantee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Grantee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 paragraph 5 hereof, by any person or persons other than the ParticipantGrantee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Greenway Medical Technologies Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Interleukin Genetics Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this option and the number of Shares with in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising this option. If the Option. Payment method of payment for the Shares is described in paragraph (i), (ii) or (iv) of Section 7, such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of the PlanShares. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, pursuant to Section 4 5 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionthis option. All Shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Method of Exercising Option. Subject to the terms and conditions of this --------------------------- Agreement, the Option this option may be exercised by written notice to divine, at the Company principal executive office of divine, or its designee, in substantially the form of Exhibit A attached heretoto such transfer agent as divine shall designate. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the fall purchase price for of such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shares, and divine shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, pursuant to Section 4 Article 5 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionexecute this option. All Shares shares that shall be purchased upon the exercise of the Option as this option at provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Samples: Divine Inc
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Holder and if the Participant Holder shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Holder and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantHolder, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.the
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Immunogen Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price Purchase Price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s 's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Employee shall have the right to exercise the Option in any manner permitted by Paragraph 8 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Stemline Therapeutics Inc)
Method of Exercising Option. Subject to the terms and conditions --------------------------- of this Agreement, the this Option may be exercised by written notice to the Vice President and General Counsel of the Company, at its Bedford, Massachusetts office, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this Option and the number of Option Shares with in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the this Option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of Option Shares, and the Plan. The Company or its transfer agent shall deliver a certificate or certificates representing such Option Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Option Shares as to which the this Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the this Option (or, if the this Option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the this Option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the this Option. In the event the this Option shall be exercised, pursuant to Section 4 5 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the this Option. All Option Shares that shall be purchased upon the exercise of the this Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Astea International Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph Section 8(b) and Section 9 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantEmployee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Ibis Technology Corp)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by written notice to the Company or Company, at its designee, in substantially the form of Exhibit A attached heretoprincipal executive office. Such notice shall state the election to exercise this option and the number of Shares shares with respect to which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of shares, and the Plan. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option this option (or, if the Option this option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Optionthis option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Optionthis option. In the event the Option this option shall be exercised, pursuant to Section 4 Article 5 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise this option. Before certificates for the Optionshares purchased, pursuant to this option are delivered, the Optionee shall pay the purchase price for the shares purchased and provide for the withholding or reimbursement for taxes pursuant to Article 14. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Samples: Fluor Daniel Gti Inc
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised through an approved broker/dealer by written notice to on such form as is provided by the Company or its designee, in substantially pursuant to other procedures established by the form of Exhibit A attached heretoCompany. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed (whether or not in electronic form) by the person exercising the Option. Payment of the purchase exercise price for such Shares shall be made (a) in United States dollars in cash or by check or by wire transfer to the Company, (b) at the discretion of the Committee, in accordance with Paragraph 9 procedures established by the Company, by delivery of Shares, having a fair market value equal as of the Plandate of the exercise to the exercise price, (c) at the discretion of the Company, in accordance with a cashless exercise program established with a securities brokerage firm, and approved by the Company, (d) through such other method of payment approved by the Company, (e) at the discretion of the Company, by any combination of (a),(b),(c), and (d) above. The Company shall deliver a certificate or certificates (or other evidence of ownership) representing such Shares as soon as practicable after the notice shall be receivednotice, the exercise price and any required withholding taxes have been received by the Company, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary or appropriate under any applicable law (including, without limitation, state securities or “blue sky” laws)) and such Shares shall be subject to such restrictions as the Committee may determine in accordance with the Plan. The certificate or certificates (or other evidence of ownership) representing the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) survivorship and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, exercised by any person or person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable. 8. PARTIAL EXERCISE. Exercise of vested Options in accordance with this Agreement may be made in whole or in part at any time and from time to time, except that no fractional Share shall be issued pursuant to the Option. 9.
Appears in 1 contract
Samples: Qualified Stock Option Agreement
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or at its designee, in substantially the form principal place of Exhibit A attached heretobusiness. Such notice shall state the election to exercise the Option, the number of Shares with full shares in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option, and shall contain the warranty, if any, required by Section 7(b) hereof. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of the Planshares and by this Agreement. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the aforesaid notice and payment of such shares shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws)except as otherwise provided in Section 7(d) hereof. The Shares certificate or certificates for the shares as to which the 3 Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (Option, or, if the Option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) , and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 13 or Section 14 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablenon-assessable. In the event the Option shall not be exercised in full, the Secretary of the Company shall endorse or cause to be endorsed on this Agreement the number of shares which has been exercised hereunder, the number of shares that remain exercisable hereunder, and return this Agreement to the holder hereof.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Karts International Inc)
Method of Exercising Option. (a) Subject to the terms and conditions of this Agreement, the Option may be exercised exercised, at any time prior to the expiration date specified in such option, by written notice to the Company or at its designee, in substantially the form of Exhibit A attached heretoexecutive offices. Such notice shall state the election to exercise the Option and the number of Shares with shares in respect to of which the Option it is being exercised and exercised, shall be signed by the person or persons so exercising the Option. Payment , and shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of the Planshares. The Company shall deliver a certificate or certificates representing such Shares shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance . Payment of such Shares until completion purchase price shall be made by a certified check payable to the order of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws)Company. The Shares certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of or survivorship) and shall be delivered as provided above to or upon the written order of the person Optionee exercising the Option. In the event the Option shall be exercised, exercised pursuant to Section 4 hereof, paragraph 9 of the Agreement by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Samples: K Tel International Inc
Method of Exercising Option. Subject to the terms and conditions of --------------------------- this Agreement, the this Option may be exercised by written notice to the Vice President and General Counsel of the Company, at its Bedford, Massachusetts office, or to such transfer agent as the Company or its designee, in substantially the form of Exhibit A attached heretoshall designate. Such notice shall state the election to exercise this Option and the number of Option Shares with in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the this Option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 of Option Shares, and the Plan. The Company or its transfer agent shall deliver a certificate or certificates representing such Option Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The certificate or certificates for the Option Shares as to which the this Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the this Option (or, if the this Option shall be exercised by the Participant Optionee and if the Participant Optionee shall so request in the notice exercising the this Option, shall be registered in the Company’s share register in the name of the Participant Optionee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the this Option. In the event the this Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the this Option. All Option Shares that shall be purchased upon the exercise of the this Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Astea International Inc)
Method of Exercising Option. Subject to the terms and conditions of the --------------------------- Plan and this Agreement, the Option this option may be exercised by written notice to the Company by mail or in person, addressed to the Chief Financial Officer at 000 Xxxxxxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000, its designee, in substantially the form of Exhibit A attached heretoprincipal executive offices. Such notice shall state the election to exercise this option and the number of Shares with shares in respect to of which the Option it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Payment Such notice shall be accompanied by payment of the full purchase price for of such Shares shall be made in accordance with Paragraph 9 shares. The Company's transfer agent shall, on behalf of the Plan. The Company, prepare a certificate or certificates representing Option Shares acquired upon exercise of this option, shall register the Optionee (or the Optionee's personal representative, heir or legatee if this option is being exercised pursuant to Section 4 hereof) as the owner of the Option Shares on the books of the Company and shall deliver cause the fully executed certificate(s) representing such Shares shares to be delivered to the Optionee (or the Optionee's personal representative, heir or legatee if this option is being exercised pursuant to Section 4 hereof) as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name payment of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request option price in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Optionfull. In the event the Option this option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the ParticipantOptionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Optionthis option. All Shares shares that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessablenon-assessable.
Appears in 1 contract
Samples: Excel Switching Corp
Method of Exercising Option. Subject to the terms and conditions --------------------------- of this Agreement, the Option may be exercised by written notice to the Company or at its designeeprincipal executive office, in substantially the form of Exhibit A --------- attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 7 of the Plan. The Company shall deliver a certificate or certificates representing such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “"blue sky” " laws). The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person or persons other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Alloy Online Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option may be exercised by written notice to the Company or its designee, in substantially the form of Exhibit A attached hereto. Such notice shall state the number of Shares with respect to which the Option is being exercised and shall be signed by the person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 8 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant Employee and if the Participant Employee shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised, pursuant to Section 4 hereof, by any person other than the Participant, such notice shall be accompanied by appropriate proof of the right of such person to exercise the Option. All Shares that shall be purchased upon the exercise of the Option as provided herein shall be fully paid and nonassessable.the
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Alphatec Holdings, Inc.)