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 to such transfer agent as the Company shall designate. Such notice shall state the election to exercise the Option and the number of shares in respect of which it is being exercised and shall be signed by the person or persons so exercising the Option. Such notice shall be accompanied by payment of the full purchase price of such shares, and the Company shall deliver a certificate or certificates representing such shares as soon as practicable after the notice shall be received. The certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the name of the person or persons exercising the Option 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 Optionee, 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 non-assessable.
Appears in 5 contracts
Samples: Qualified Stock Option Agreement (Galaxy Nutritional Foods Inc), Qualified Stock Option Agreement (Galaxy Nutritional Foods Inc), Qualified Stock Option Agreement (Galaxy Nutritional Foods 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 in the Company shall designateform of Exhibit A annexed hereto. Such notice shall state the election to exercise the Option this option and the number of shares in respect of Option Shares for which it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Such notice shall be accompanied by payment of the full purchase price of such sharesshares (unless payment is being made pursuant to Section 7(a)(iii) hereof), and the Company shall deliver a certificate or certificates representing such shares as soon as practicable after the notice shall be received. The Such certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the name of the person or persons so exercising the Option and this option (or, if this option shall be delivered as provided above to or upon exercised by the written order Employee and if the Employee shall so request in the notice exercising this option, shall be registered in the name of the Employee and another person or persons exercising the Optionjointly, with right of survivorship). In the event the Option this option shall be exercised, pursuant to Section 4 5 hereof, by any person or persons other than the OptioneeEmployee, 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 non-assessablethis option.
Appears in 4 contracts
Samples: Qualified Stock Option Agreement (Ionics Inc), Employment Agreement (Ionics Inc), Employment Agreement (Ionics Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by written notice notice, given in writing or by an approved form of electronic transmission, to the Company, Company at the its principal executive office of the Companyoffice, or to such transfer agent as the Company shall designate. Such notice shall state the election to exercise the Option this option and the number of shares in respect Option Shares which have vested at the time of delivery of such notice and which it is are being exercised and and, if in writing, shall be signed by the person or persons so exercising the Optionthis option. Such notice shall be accompanied by payment of the full purchase aggregate exercise price of such sharesshares or by delivery of required documentation pursuant to Section 7 (a) (iii), and the Company shall deliver a certificate or certificates representing such shares as soon as practicable after the notice shall be and the full purchase price having been received. The Such certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the name of the person or persons so exercising the Option and this option (or, if this option shall be delivered as provided above to or upon exercised by the written order Optionee and if the Optionee shall so request in the notice exercising this option, shall be registered in the name of the Optionee and another person or persons exercising the Optionjointly, with right of survivorship). In the event the Option this option shall be exercised, pursuant to Section 4 5 hereof, by any person or persons other than the Optionee, 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 non-assessablethis option.
Appears in 4 contracts
Samples: Nonqualified Stock Option Agreement (Presstek Inc /De/), Nonqualified Stock Option Agreement (Presstek Inc /De/), Nonqualified Stock Option Agreement (Presstek Inc /De/)
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, Company at the its principal executive office of the Companyoffice, or to such transfer agent as the Company shall designate. Such notice shall state the election to exercise the Option this option and the number of shares in respect of Option Units for which it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Such notice shall be accompanied by payment of the full purchase price of such sharesunits, and the Company shall deliver a certificate or certificates representing such shares units as soon as practicable after the notice shall be received. The Such certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the name of the person or persons so exercising the Option and this option (or, if this option shall be delivered as provided above to or upon exercised by the written order Optionee and if the Optionee shall so request in the notice exercising this option, shall be registered in the name of the Optionee and another person or persons exercising the Optionjointly, with right of survivorship). In the event the Option this option shall be exercised, pursuant to Section 4 E hereof, by any person or persons other than the Optionee, 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 non-assessablethis option.
Appears in 4 contracts
Samples: Non Qualified Membership Unit Option Agreement (First United Ethanol LLC), Non Qualified Membership Unit Option Agreement (First United Ethanol LLC), Non Qualified Membership Unit Option Agreement (First United Ethanol LLC)
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 shall designate. Such notice shall state the election to exercise the Option this option and the number of shares in respect of Option Shares for which it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Such notice shall be accompanied by payment of the full purchase price of such shares, and the Company shall deliver a certificate or certificates representing such shares as soon as practicable after the notice shall be received. The Such certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the name of the person or persons so exercising the Option and this option (or, if this option shall be delivered as provided above to or upon exercised by the written order Non-Employee Director Optionee and if the Non-Employee Director Optionee shall so request in the notice exercising this option, shall be registered in the name of the Non-Employee Director Optionee and another person or persons exercising the Optionjointly, with right of survivorship). In the event the Option this option shall be exercised, pursuant to Section 4 5 hereof, by any person or persons other than the Non-Employee Director Optionee, 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 therein shall be fully paid and non-assessable.
Appears in 3 contracts
Samples: Qualified Stock Option Agreement (Lionbridge Technologies Inc /De/), Non Qualified Stock Option Agreement (Lionbridge Technologies Inc /De/), Qualified Stock Option Agreement (Lionbridge Technologies 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, at the principal executive office address of the Company, or to such transfer agent at its Sudbury, Massachusetts office, in the form attached hereto as the Company shall designate. Exhibit A. Such notice shall state the election to exercise the this Option and the number of shares Option Shares in respect of which it is being exercised and shall be signed by the person or persons so exercising the this Option. Such notice shall be accompanied by payment of the full purchase price of such sharesOption Shares, and the Company or its transfer agent shall deliver a certificate or certificates representing such shares Option Shares as soon as practicable after the notice shall be received. The certificate or certificates for the Option shares as to which the this Option shall have been so exercised shall be registered in the name of the person or persons so exercising this Option (or, if this Option shall be exercised by the Option Optionee and if the Optionee shall so request in the notice exercising this Option, shall be registered in the name of the 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 Optionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the this Option. All shares Option Shares that shall be purchased upon the exercise of the this Option as provided herein shall be fully paid and non-assessablenonassessable.
Appears in 3 contracts
Samples: Qualified Stock Option Agreement (Focus Enhancements Inc), Focus Enhancements Inc, Focus Enhancements 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 CompanyCorporation, at the principal executive office of the CompanyCorporation, or to such transfer agent as the Company Corporation shall designate. Such notice shall state the election to exercise the Option this option and the number of shares in respect of for which it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Such notice shall be accompanied by payment of the full purchase price of such shares, and the Company Corporation shall deliver a certificate or certificates representing such shares as soon as practicable after the notice shall be received. The Such certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the name of the person or persons so exercising this option (or, if this option shall be exercised by the Option Optionee and if the Optionee shall so request in the notice exercising this option, shall be registered in the name of the 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 5 hereof, by any person or persons other than the Optionee, 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 non-assessable.
Appears in 3 contracts
Samples: Qualified Stock Option Agreement (Eclipsys Corp), Consulting Agreement (Acusphere Inc), Incentive Stock Option Agreement (Acusphere Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by prior written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company shall designate. Such notice shall state the election to exercise the Option this option and the number of shares in respect of which it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Such notice shall be accompanied by payment of the full purchase price of such shares, and the Company shall deliver a certificate or certificates representing such shares as soon as practicable after the notice shall be received. The certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the name of the person or persons so exercising this option (or, if this option shall be exercised by the Option Employee and if the Employee shall so request in the notice exercising this option, shall be registered in the name of the 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 Article 4 hereof, by any person or persons other than the OptioneeEmployee, 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 non-assessable.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement, Airnet Communications Corp, Airnet Communications Corp
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by prior written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company shall designate. Such notice shall state the election to exercise the Option this option and the number of shares in respect of which it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Such notice shall be accompanied by payment of the full purchase price of such shares, and the Company shall deliver a certificate or certificates representing such shares as soon as practicable after the notice shall be received. The certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the name of the person or persons so exercising this option (or, if this option shall be exercised by the Option Employee and if the Employee shall so request in the notice exercising this option, shall be registered in the name of the 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 OptioneeEmployee, 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 non-assessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Smart Video Technologies Inc), Non Qualified Stock Option Agreement (Smart Video Technologies Inc)
Method of Exercising Option. Subject to the terms and conditions of this Agreement, the Option this option may be exercised by prior written notice to the Company, at the principal executive office of the Company, or to such transfer agent as the Company shall designate. Such notice shall state the election to exercise the Option this option and the number of shares in respect of which it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Such notice shall be accompanied by payment of the full purchase price of such shares, and the Company shall deliver a certificate or certificates representing such shares as soon as practicable after the notice shall be received. The certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the name of the person or persons so exercising this option (or, if this option shall be exercised by the Option Employee and if the Employee shall so request in the notice exercising this option, shall be registered in the name of the 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 OptioneeEmployee, 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 non-assessable.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Airnet Communications Corp), Airnet Communications 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, at the principal executive office of the Company, or to such transfer agent as the Company shall designate. Such notice shall state the election to exercise the Option this option and the number of shares in respect of which it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Such notice shall be accompanied by payment of the full purchase price of such shares, and the Company shall deliver a certificate or certificates representing such shares as soon as practicable after the notice shall be received. The certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the name of the person or persons so exercising this option (or, if this option shall be exercised by the Option Employee and if the Employee shall so request in the notice exercising this option, shall be registered in the name of the 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 OptioneeEmployee, 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 non-assessable.
Appears in 2 contracts
Samples: Qualified Stock Option Agreement (Concerto Software Inc), Davox Corporation (Concerto Software 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 address of the Company, or to such transfer agent at its Wilmington, Massachusetts office, in the form attached hereto as the Company shall designate. Exhibit A. Such notice shall state the election to exercise the this Option and the number of shares Option Shares in respect of which it is being exercised and shall be signed by the person or persons so exercising the this Option. Such notice shall be accompanied by payment of the full purchase price of such sharesOption Shares, and the Company or its transfer agent shall deliver a certificate or certificates representing such shares Option Shares as soon as practicable after the notice shall be received. The certificate or certificates for the Option shares as to which the this Option shall have been so exercised shall be registered in the name of the person or persons so exercising this Option (or, if this Option shall be exercised by the Option Optionee and if the Optionee shall so request in the notice exercising this Option, shall be registered in the name of the 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 Optionee, such notice shall be accompanied by appropriate proof of the right of such person or persons to exercise the this Option. All shares Option Shares that shall be purchased upon the exercise of the this Option as provided herein shall be fully paid and non-assessablenonassessable.
Appears in 1 contract
Samples: Qualified Stock Option Agreement (Focus Enhancements 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 to such transfer agent as the Company shall designate. Such notice shall state the election to exercise the Option and the number of shares in respect of which it is being exercised and shall be signed by the person or persons so exercising the Option. Such notice shall be accompanied by payment of the full purchase price of such shares, and the Company shall deliver a certificate or certificates representing such shares as soon as practicable after the notice shall be received. The certificate or the certificates for the shares as to which the Option shall have been so exercised shall be registered in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by the Optionee and if the 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 Article 5 hereof, by any person or persons other than the Optionee, 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 non-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 the Company, at the principal executive office of the Company, or to such transfer agent as the Company shall designate. Such notice shall state the election to exercise the Option this option and the number of shares in respect of which it is being exercised and shall be signed by the person or persons so exercising the Optionthis option. Such notice shall be accompanied by payment of the full purchase price of such shares, and the Company shall deliver a certificate or certificates representing such shares as soon as practicable after the notice shall be received. The certificate or certificates for the shares as to which the Option this option shall have been so exercised shall be registered in the name of the person or persons so exercising the Option this option 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 Optionee, 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 non-assessable.
Appears in 1 contract
Samples: Oregon Baking Co Dba Marsee Baking