Common use of Method of Payment Clause in Contracts

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 38 contracts

Samples: Stock Option Agreement (BioCardia, Inc.), Stock Option Agreement (Teladoc, Inc.), Stock Option Agreement (Comscore, Inc.)

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Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; or 2. check;; or (b) 3. consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (c) 4. surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 28 contracts

Samples: Stock Option Agreement (Oclaro, Inc.), Employment Agreement (Intraware Inc), Stock Option Agreement (Intraware Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election sole discretion of the OptioneeCompany: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionOption, have been owned by the Optionee Grantee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value fair market value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 23 contracts

Samples: Employment Agreement (Genius Products Inc), Employment Agreement (Genius Products Inc), Consulting Agreement (Genius Products Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares Xxxxxx acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 20 contracts

Samples: Stock Option Agreement (Docusign Inc), Stock Option Agreement (Nlight, Inc.), Stock Option Agreement (Mavenir Systems Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or cash; (b) check; (bc) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 18 contracts

Samples: Stock Option Agreement (Phoenix Technologies LTD), Stock Option Agreement (Novell Inc), Stock Option Agreement (Phoenix Technologies LTD)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or cash; (b) check; (bc) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (cd) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 17 contracts

Samples: Stock Option Agreement (Fluidigm Corp), Stock Option Agreement (Fluidigm Corp), Stock Option Agreement (GCT Semiconductor Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; 2. check; (b) 3. consideration received by the Company under a formal cashless exercise program adopted by the Company (in its discretion) in connection with the Plan; or (c) 4. surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 16 contracts

Samples: Stock Option Agreement (Ener-Core Inc.), Stock Option Agreement (Ener-Core Inc.), Stock Option Agreement (Ener-Core Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optioneeyour election: (a) cash or cash; (b) check; (bc) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, shares of Common Stock which (i) in the case of Shares shares of Common Stock acquired upon exercise of an option, have been owned by the Optionee you for more than six (6) months on the date of surrender, and AND (ii) have a Fair Market Value fair market value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 14 contracts

Samples: Incentive Stock Option Agreement (Grom Social Enterprises, Inc.), Incentive Stock Option Agreement (Enumeral Biomedical Holdings, Inc.), Incentive Stock Option Agreement (Enumeral Biomedical Holdings, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 14 contracts

Samples: Stock Option Agreement (Players Network), Stock Option Agreement (Players Network), Stock Option Agreement (Aemetis, Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be ----------------- by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 10 contracts

Samples: Stock Option Agreement (Avanex Corp), Stock Option Agreement (Digital Insight Corp), Stock Option Agreement (China Broadband Corp)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;cash; or (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plancheck; or (c) delivery of such documentation as the Committee and Optionee's broker shall require to effect an exercise of the Option and delivery to the Company of the sale or margin loan proceeds required to pay the aggregate Exercise Price of the Exercised Shares; or (d) surrender of other Shares which, (i) in the case shares of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) Common Stock which have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 8 contracts

Samples: Nonstatutory Stock Option Agreement (Phoenix Gold International Inc), Nonstatutory Stock Option Agreement (Phoenix Gold International Inc), Nonstatutory Stock Option Agreement (Phoenix Gold International Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 8 contracts

Samples: Stock Option Agreement (Pixelworks Inc), Nonqualified Stock Option Agreement (Epicor Software Corp), Stock Option Agreement (Pixelworks Inc)

Method of Payment. Payment of the The aggregate Exercise Price shall may be paid by any of the followingfollowing methods, or a combination thereof, at the election of the Optionee: (a) cash or check;; or (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, shares of Common Stock which (i) in the case of Shares shares acquired upon exercise of an optionfrom the Company, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender the exercise equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 6 contracts

Samples: Stock Option Agreement (EVO Transportation & Energy Services, Inc.), Stock Option Agreement (EVO Transportation & Energy Services, Inc.), Stock Option Agreement (EVO Transportation & Energy Services, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; orCompany; (c) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 6 contracts

Samples: Stock Option Agreement (Sipex Corp), Stand Alone Stock Option Agreement (Sipex Corp), Stand Alone Stock Option Agreement (Sipex Corp)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) promissory note; (c) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (cd) surrender of other Shares whichShares, provided Sxxxxx acquired directly from the Company, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 5 contracts

Samples: Stock Option Agreement (Cyberonics Inc), Officer Stock Option Plan Agreement (Cyberonics Inc), Employee Equity Inducement Plan Agreement (Cyberonics Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash cash, check or checkpromissory note; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the PlanCompany; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 5 contracts

Samples: Stock Option Agreement (Catalyst Biosciences, Inc.), Stock Option Agreement (Catalyst Biosciences, Inc.), Stock Option Agreement (Targacept Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by Shares surrendered to the Company in connection with the Plana Cashless Exercise; or (c) surrender of other Shares whichthat, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 5 contracts

Samples: Stock Option Agreement (Home Solutions of America Inc), Stock Option Agreement (Home Solutions of America Inc), Stock Option Agreement (Home Solutions of America Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by ----------------- any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 5 contracts

Samples: Stock Option Agreement (Avanex Corp), Stock Option Agreement (Digital Island Inc), Stock Option Agreement (Modem Media Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or; (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised exercised Shares; or (d) such other method as the Administrator permits.

Appears in 4 contracts

Samples: Stock Option Agreement (Global Secure Corp.), Stock Option Agreement (Global Secure Corp.), Stock Option Agreement (Global Secure Corp.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; or 2. check;; or (b) 3. consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Planthis Agreement; or (c) 4. surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 4 contracts

Samples: Stock Option Agreement (Nuance Communications, Inc.), Stock Option Agreement (Nuance Communications, Inc.), Stock Option Agreement (Nuance Communications, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;cash; or (b) check; or (c) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 4 contracts

Samples: Stock Option Agreement (New Focus Inc), Stock Option Agreement (Echelon Corp), Stock Option Agreement (Cirrus Logic Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (ai) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plancash; or (cii) check; or (iii) delivery of such documentation as the Committee and Optionee's broker shall require to effect an exercise of the Option and delivery to the Company of the sale or margin loan proceeds required to pay the aggregate Exercise Price of the Exercised Shares; or (iv) surrender of other Shares which, (i) in the case shares of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) Common Stock which have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 4 contracts

Samples: Nonstatutory Stock Option Agreement (Phoenix Gold International Inc), Nonstatutory Stock Option Agreement (Phoenix Gold International Inc), Nonstatutory Stock Option Agreement (Phoenix Gold International Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 4 contracts

Samples: Stock Option Agreement (Callidus Software Inc), Stock Option Agreement (Callidus Software Inc), Stock Option Agreement (Callidus Software Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optioneeyour election: (a) cash or cash; (b) check; (bc) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, shares of Common Stock which (i) in the case of Shares shares of Common Stock acquired upon exercise of an option, have been owned by the Optionee you for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value fair market value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 4 contracts

Samples: Non Qualified Stock Option Agreement (Grom Social Enterprises, Inc.), Non Qualified Stock Option Agreement (Grom Social Enterprises, Inc.), Non Qualified Stock Option Agreement (Grom Social Enterprises, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; 2. check; (b) 3. consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (c) 4. surrender of other Shares whichShares, (i) which in the case of Shares acquired upon exercise of an optionfrom the Company, (i) have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 4 contracts

Samples: Stock Option Agreement (Triquint Semiconductor Inc), Officer & Employee Stock Option Agreement (Monolithic Power Systems Inc), Stock Option Agreement (Mault James R Md)

Method of Payment. Payment of the aggregate Exercise Price shall be ----------------- by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) surrender of other Shares, provided Shares whichacquired directly from the Company, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 4 contracts

Samples: Stock Option Agreement (Emachines Inc /De/), Stock Option Agreement (Emachines Inc /De/), Employment Agreement (Emachines Inc /De/)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by Shares surrendered to the Company in connection with the Plana Cashless Exercise; or (c) surrender of other Shares whichthat, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a an aggregate Fair Market Value on as of the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 4 contracts

Samples: Stock Option Agreement (Home Solutions of America Inc), Stock Option Agreement (Home Solutions of America Inc), Stock Option Agreement (Home Solutions of America Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the OptioneeOptionee and to the extent permitted under Applicable Laws: 1. cash (a) cash or check;in U.S. dollars); or 2. check (b) denominated in U.S. dollars); or 3. consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (c) 4. subject to the sole discretion of the Administrator, surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) which have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 3 contracts

Samples: Global Stock Option Agreement (Trimble Inc.), Performance Stock Option Agreement (Trimble Inc.), Global Stock Option Agreement (Trimble Navigation LTD /Ca/)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the OptioneeParticipant: (a) cash or check;cash; or (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plancheck; or (c) “same day sale” (as described in Section 11(e)(1) of the Plan); or (d) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee Participant for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares; or (e) other method authorized by the Company.

Appears in 3 contracts

Samples: Stock Option Award Agreement (Altera Corp), Stock Option Award Agreement (Altera Corp), Stock Option Award Agreement (Altera Corp)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; 2. check; (b) 3. consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (c) 4. surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 3 contracts

Samples: Stock Option Agreement (Tercica Inc), Stock Option Agreement (Tercica Inc), Stock Option Agreement (Roxio Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; or 2. check;; or (b) 3. consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (c) 4. surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an optioneither directly or indirectly from the Company, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 3 contracts

Samples: Stock Option Agreement (Kaplan David P), Stock Option Agreement (Supergen Inc), Stock Option Agreement (Copart Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) promissory note; (c) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (cd) surrender of other Shares whichShares, provided Sharxx xxxuired directly from the Company, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 3 contracts

Samples: Stock Option Agreement (Cyberonics Inc), Stock Option Agreement (Cyberonics Inc), Stock Option Agreement (Cyberonics Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;cash; or (b) check; or (c) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 3 contracts

Samples: Stock Option Agreement (New Focus Inc), Stock Option Agreement (New Focus Inc), Stock Option Agreement (New Focus Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;cash; or (b) check; or (c) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.; or

Appears in 3 contracts

Samples: Stock Option Agreement (Cyberonics Inc), Stock Option Agreement (Echelon Corp), Stock Option Agreement (Cyberonics Inc)

Method of Payment. Payment of the aggregate Exercise Price shall will be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; 2. check; (b) 3. consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) 4. surrender of other Shares which, (ia) in the case of Shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee Participant and not subject to a substantial risk of forfeiture for more than six (6) months on the date of surrender, and (iib) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 3 contracts

Samples: Stock Option Award Agreement (Omniture, Inc.), Stock Option Award Agreement (Omniture, Inc.), Stock Option Award Agreement (Omniture, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a1) cash or cash; (2) check; (b3) consideration received by the Company under a formal cashless exercise program adopted (if any) implemented by the Company in connection with the Plan; or (c4) surrender of other Shares whichShares, (i) which in the case of Shares acquired upon exercise of an optionfrom the Company, (i) have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 3 contracts

Samples: Stock Option Agreement, Stock Option Agreement (AtriCure, Inc.), Stock Option Agreement (AtriCure, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or cash; (b) check; (bc) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and AND (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (Sipex Corp), Stock Option Agreement (Geoworks /Ca/)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or cash; (b) check; (bc) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (Nanometrics Inc), Stock Option Agreement (Nanometrics Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any ----------------- of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;cash; or (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plancheck; or or (c) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (Solar Energy Research Corp /Co/), Outside Director Stock Option Agreement (Solar Energy Research Corp /Co/)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) surrender of other Shares whichShares, provided Xxxxxx acquired from the Company, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and AND (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (Ista Pharmaceuticals Inc), Stock Option Agreement (Ista Pharmaceuticals Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) a. cash or check; (b) b. consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) c. surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (Mission Critical Software Inc), Stock Option Agreement (Quality Care Solutions Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) a. cash or check; (b) b. consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) c. surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Executive Employment Agreement (JFB Construction Holdings), Executive Employment Agreement (JFB Construction Holdings)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; orCompany; (c) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (Exar Corp), Stock Option Agreement (Sipex Corp)

Method of Payment. Payment of the aggregate Exercise Price shall ----------------- be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (Avanex Corp), Stock Option Agreement (Portal Software Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (ai) cash Cash or check; (bii) consideration Consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (ciii) surrender Surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (Kinemed Inc), Stock Option Agreement (Paxton Energy Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (ai) cash or cash; (ii) check; (biii) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (civ) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (Fluidigm Corp), Stock Option Agreement (PMC Sierra Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; or 2. check;; or (b) 3. consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (c) 4. surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an optioneither directly or indirectly from the Company, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.; or

Appears in 2 contracts

Samples: Stock Option Agreement (Symantec Corp), Stock Option Agreement (Altiris Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a1) cash or cash; (2) check; (b3) consideration received by the Company under a formal cashless exercise program adopted (if any) implemented by the Company in connection with the Plan; or (c4) surrender of other Shares whichShares, (i) which in the case of Shares acquired upon exercise of an optionfrom the Company, (x) have been owned by the Optionee for more than six (6) months on the date of surrender, and (iiy) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (AtriCure, Inc.), Stock Option Agreement (AtriCure, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) surrender of other Shares whichShares, provided Xxxxxx acquired from the Company, (i) in the case of Shares acquired upon exercise of an option, have been vested and owned by the Optionee for more than six (6) months on the date of surrender, and AND (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (Solectron Corp), Stock Option Agreement (Solectron Corp)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: : (a) cash or check; ; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or or (c) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stand Alone Stock Option Agreement (Rational Software Corp), Stand Alone Stock Option Agreement (Rational Software Corp)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or cash; (b) check; (bc) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (cd) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionOption, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Executive Employment Agreement (Imarx Therapeutics Inc), Executive Employment Agreement (Imarx Therapeutics Inc)

Method of Payment. Payment of the aggregate Exercise Price shall will be by any of the following, or a combination thereof, at the election of the OptioneeParticipant: (a) cash or check1. cash; (b) 2. consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the PlanCompany; or (c) 3. surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee Participant and not subject to a substantial risk of forfeiture for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Award Agreement (Ziprealty Inc), Stock Option Award Agreement (Ziprealty Inc)

Method of Payment. Payment of the The aggregate Exercise Price shall may be paid by any of the followingfollowing methods, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by pursuant to any and all of the Company under a formal cashless exercise program adopted by the Company provisions set forth in connection with Section 7.4 of the Plan; or (c) surrender of other Shares which, shares of Common Stock which (i) in the case of Shares shares acquired upon exercise of an optionfrom the Company, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender the exercise equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 2 contracts

Samples: Stock Option Agreement (Tru Shrimp Companies, Inc.), Stock Option Agreement (Tru Shrimp Companies, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (ai) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (cii) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Medimmune Inc /De)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or cash; (b) check; (bc) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares whichShares, provided Sxxxxx acquired from the Company, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Centillium Communications Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an a stock option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Xometry, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash Cash or check; (b) consideration Consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender Surrender of other Shares which, (iI) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Asyst Technologies Inc /Ca/)

Method of Payment. Payment of the aggregate Exercise Price shall will be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) surrender of other Shares, provided Shares whichacquired from the Company, (i) in the case of Shares acquired upon exercise of an option, have been vested and owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stand Alone Stock Option Agreement (Plantronics Inc /Ca/)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Raser Technologies Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by ----------------- any of the following, or a combination thereof, at the election of the Optionee: (a) cash or cash; (b) check; (bc) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Efficient Networks Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; 2. check; (b) 3. consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (c) 4. surrender of other Shares which, : (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Roxio Inc)

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Method of Payment. Payment of the aggregate Exercise Price shall be be: (a) by any cash or check; or (b) in the sole discretion of the Company and upon request of the Optionee, by either of the following, or a combination thereof, at the election of the Optionee: : (a) cash or check; (b1) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the PlanCompany; or or (c2) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Grant (Pods Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; or 2. check;; or (b) 3. consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (c) 4. surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an optionfrom the Company, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Netflix Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Millendo Therapeutics, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;cash; or (b) cheque; or (c) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and AND (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Genesis Microchip Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a1) cash or check; ; (b2) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the PlanCompany; or or (c3) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, surrender and (ii) have a Fair Market Value (as defined in Section 2(c)(5) above) on the date of surrender equal to the aggregate Exercise Price of the Exercised SharesShares being exercised thereby.

Appears in 1 contract

Samples: Stock Option Agreement (Firstworld Communications Inc)

Method of Payment. Payment of the aggregate Exercise Price shall will be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) surrender of other Shares whichShares, provided Xxxxxx acquired from the Company, (i) in the case of Shares acquired upon exercise of an option, have been vested and owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Plantronics Inc /Ca/)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) : cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and AND (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Sipex Corp)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;cash; or (b) cheque; or (c) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Genesis Microchip Inc /De)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or checkits equivalent; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares; or (c) a combination of (a) and (b).

Appears in 1 contract

Samples: Stock Option Agreement (Little Squaw Gold Mining Co)

Method of Payment. Payment of the aggregate Exercise Price shall be ----------------- by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;cash; or (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; orcheck; (c) surrender of other Shares owned by the Optionee and acceptable to the Committee, which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Urologix Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; or 2. check;; or (b) 3. consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan][; or (c) 4. surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Tessera Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares shares which, (i) in the case of Shares shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Sharesshares.

Appears in 1 contract

Samples: Stock Option Agreement (Cardiva Medical, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Digital Insight Corp)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a1) cash or cash; (2) check; (b3) consideration received by the Company under a formal cashless exercise program adopted (if any) implemented by the Company in connection with the Plan; oror  (c4) surrender of other Shares whichShares, (i) which in the case of Shares acquired upon exercise of an optionfrom the Company, (i) have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (AtriCure, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and AND (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Nastech Pharmaceutical Co Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;; or (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Planthis Agreement; or (c) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stand Alone Stock Option Agreement (Scansoft Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) a. cash or check; (b) b. consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or; (c) c. surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares; or d. promissory note.

Appears in 1 contract

Samples: Stock Option Agreement (Idealab)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;cash; or (b) check; or (c) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (New Focus Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by ----------------- any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;, (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Avanex Corp)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optiondirectly from the Company, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Advanced Environmental Petroleum Producers Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with (if permitted by the PlanAdministrator); or (c) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Proxim Corp)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) surrender of other Shares, provided Shares whichacquired from the Company, (i) in the case of Shares acquired upon exercise of an option, have been vested and owned by the Optionee for more than six (6) months on the date of surrender, and AND (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Solectron Corp)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or : cash; check; (b) ; consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) or surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (HNC Software Inc/De)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) surrender of other Shares, provided Shares whichacquired directly from the Company, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and AND (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stand Alone Stock Option Agreement (Commerce One Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) surrender of other Shares, provided Shares whichacquired directly from the Company, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Speedfam Ipec Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or or (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Modem Media Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optioneeyour election: (a) cash or cash; (b) check; (bc) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (cd) surrender of other Shares which, shares of Common Stock which (i) in the case of Shares shares of Common Stock acquired upon exercise of an option, have been owned by the Optionee you for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value fair market value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Enumeral Biomedical Holdings, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (cb) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an a stock option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Precision Therapeutics Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) surrender of other Shares shares which, (i) in the case of Shares shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Corporate Road Show Dot Com Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check;cash; or (b) check; or (c) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (cd) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and AND (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Avenue Entertainment Group Inc /De/)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or your election: · cash; · check; (b) ; · consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) or · surrender of other Shares which, shares of Common Stock which (i) in the case of Shares shares of Common Stock acquired upon exercise of an option, have been owned by the Optionee you for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value fair market value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Offer Letter (Enumeral Biomedical Holdings, Inc.)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the PlanCompany; or (c) surrender of other Shares whichShares, provided Sxxxxx acquired from the Company, (i) in the case of Shares acquired upon exercise of an option, have been vested and owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Netgear Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or check; (b) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; , or (c) (c) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Iss Group Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) Optionee cash or check; (b) , consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) , or surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Cisco Systems Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or cash; (b) check; (bc) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (cd) surrender of other Shares whichShares, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Peregrine Systems Inc)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (ai) cash or cash; (ii) check; (biii) consideration received by the Company under a formal cashless exercise program adopted implemented by the Company in connection with the Plan; or (civ) surrender of other Shares which, which (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and AND (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Euphonix Inc \Ca\)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (ai) cash or check; (bii) consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (ciii) surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an option, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Avanex Corp)

Method of Payment. Payment of the aggregate Exercise Price shall be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash or 1. cash; 2. check; (b) 3. consideration received by the Company under a formal cashless exercise program adopted by the Company in connection with the Plan; or (c) 4. surrender of other Shares which, (i) in the case of Shares acquired upon exercise of an optionfrom the Company, either directly or indirectly, have been owned by the Optionee for more than six (6) months on the date of surrender, and (ii) have a Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Agreement (Cisco Systems Inc)

Method of Payment. Payment of the aggregate Exercise Price shall will be by any of the following, or a combination thereof, at the election of the Optionee: (a) cash 1. cash, check or checkwire transfer; (b) 2. consideration received by the Company under a formal cashless cashless, brokered exercise program adopted permitted by the Company in connection with the Planits stock option programs; or (c) 3. surrender of other vested Shares which, of Common Stock (ior by attestation) in the case of Shares acquired upon exercise of an option, which have been owned by the Optionee you and not subject to substantial risk of forfeiture for more than six (6) months on the date a reasonable period of surrender, time as may be necessary to avoid liability accounting treatment and (ii) have a having an aggregate Fair Market Value on the date of surrender equal to the aggregate Exercise Price of the Exercised Shares.

Appears in 1 contract

Samples: Stock Option Award Agreement (Ziprealty Inc)

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