Method of Option Exercise. (a) Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Chief Financial Officer (or such other party as the Company may designate) of the Company at its corporate headquarters prior to the Company’s close of business on the last business day that occurs prior to the Expiration Date. Such notice shall specify the number of Covered Shares which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s election. (b) Payment shall be by cash or by check payable to the Company. Except as otherwise provided by the Board before the Option is exercised; (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock that have been owned by the Participant for at least six (6) months and are otherwise acceptable to the Board having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. (c) The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.
Appears in 5 contracts
Samples: Non Qualified Option Agreement (Hibbett Inc), Non Employee Director Non Qualified Option Agreement (Hibbett Inc), Non Qualified Option Agreement (Hibbett Sports Inc)
Method of Option Exercise. (a) Subject to the terms of this Agreement and the Plan, the Option this option may be exercised in whole or in part by filing a written notice with the Chief Financial Officer (or such other party as the Company may designate) Secretary of the Company at its corporate headquarters prior to the Company’s close of business on the last business day that occurs prior to the Expiration Date. Such notice shall specify the number of Covered Shares shares of Common Stock which the Participant Optionee elects to purchase, and shall be accompanied by payment of the Exercise Price exercise price for such shares of Stock indicated by the Participant’s election.
(b) shares. Payment shall be by cash or by check payable to the Company. Except as otherwise provided by the Board Committee before the Option option is exercised; : (i) all or a portion of the Exercise Price exercise price may be paid by the Participant by delivery of shares of Common Stock that have been owned by the Participant for at least six (6) months Optionee and are otherwise acceptable to the Board Company having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and or (ii) the Participant Optionee may pay the Exercise Price exercise price by authorizing a third party to sell shares of Common Stock (or a sufficient portion of the shares) acquired upon exercise of the Option option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price purchase price and any tax withholding resulting from such exercise.
(c) The Option . This option shall not be exercisable if and to the extent the Company determines that such exercise would violate be in violation of applicable state or Federal federal securities laws or the rules and regulations of any securities exchange on which the Common Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and or regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.
Appears in 2 contracts
Samples: Nonstatutory Stock Option Agreement (Tier Technologies Inc), Incentive Stock Option Agreement (Tier Technologies Inc)
Method of Option Exercise. (a) Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Chief Financial Officer (or such other party as the Company may designate) Secretary of the Company at its corporate headquarters prior to the Company’s 's close of business on the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall specify the number of Covered Shares shares of Stock which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s 's election.
(b) . Payment shall be by cash or by check payable to the Company. Except as otherwise provided by the Board Committee before the Option is exercised; : (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock that have been owned by the Participant for at least six (6) months and are otherwise acceptable to the Board Committee having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; required;(1) and (ii) the Participant may pay the Exercise Price by authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise.
(c) . The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.
Appears in 2 contracts
Samples: Non Qualified Stock Option Agreement (Corus Bankshares Inc), Non Qualified Stock Option Agreement (Corus Bankshares Inc)
Method of Option Exercise. (a) Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Chief Financial Officer (or such other party as the Company may designate) Secretary of the Company at its corporate headquarters prior to the Company’s close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall specify the number of Covered Shares shares of Stock which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s election.
(b) . Payment shall be by cash or by check payable to the Company. Except as otherwise provided by At the Board before election of the Option is exercised; Participant: (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock that have been owned by the Participant for at least not less than six (6) months and are otherwise acceptable prior to the Board payment date having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise.
(c) . The Committee may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange or market on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Corus Bankshares Inc), Nonqualified Stock Option Agreement (Corus Bankshares Inc)
Method of Option Exercise. (a) Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Chief Financial Officer (or such other party as the Company may designate) of the Company at its corporate headquarters prior to the Company’s close of business on the last business day that occurs prior to the Expiration Date. Such notice shall specify the number of Covered Shares which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s election.
(b) Payment shall be by cash or by check payable to the Company. Except as otherwise provided by the Board Committee before the Option is exercised; : (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock that have been owned by the Participant for at least six (6) months and are otherwise acceptable to the Board Committee having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise.
(c) The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Hibbett Sports Inc)
Method of Option Exercise. (a) Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Chief Financial Officer (or such other party as the Company may designate) Secretary of the Company at its corporate headquarters prior to the Company’s close of business on the last business day that occurs prior to the Expiration Date. Such notice shall specify the number of Covered Shares which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s election.
(b) Payment shall be by cash or by check payable to the Company. Except as otherwise provided by the Board Committee before the Option is exercised; : (i) all or a portion of the Exercise Price may be paid by the Participant by delivery or attestation of shares of Stock that have been owned by the Participant for at least six (6) months and are otherwise acceptable to the Board Committee having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise; or (iii) such other method as is permitted under the Plan and approved by the Committee.
(c) The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal federal securities laws or the rules and regulations of any securities exchange on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.
Appears in 1 contract
Samples: Non Employee Director Option Agreement (Dollar Tree Inc)