Common use of Methods of Payment Clause in Contracts

Methods of Payment. Shares of Common Stock purchased upon the exercise of this Option may be paid for as follows: (a) in cash or by check, payable to the order of the Company; (b) if the shares of Common Stock underlying the Option are registered under the Securities Act of 1933, as amended (the “Securities Act”), by: (i) delivery by the Holder to the Company of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding, or (ii) delivery by the Holder to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company the exercise price and any required tax withholding; (c) if the shares of Common Stock underlying the Option are registered under the Securities Act, by delivery of such shares of Common Stock owned by the Holder valued at their Fair Market Value (as defined below), provided: (i) such method of payment is then permitted under applicable law, (ii) such shares of Common Stock have been owned by the Holder at least six months prior to the date of such delivery, and (iii) such shares of Common Stock are not subject to any repurchase, forfeiture, unfulfilled vesting or other similar requirements or restrictions; (d) by reducing the number of shares of Common Stock otherwise issuable under this Option to the Holder upon the exercise of this Option by a number of shares of Common Stock having a Fair Market Value equal to such aggregated exercise price; provided, however, that such method of payment is then permitted under applicable law; (e) to the extent permitted by applicable law and by the board of directors of the Company (the “Board”), in its sole discretion, by: (i) delivery of a promissory note of the Holder to the Company on terms determined by the Board, or (ii) payment of such other lawful consideration as the Board may determine; or (f) by any combination of the above permitted forms of payment.

Appears in 9 contracts

Samples: Option Agreement (National Health Partners Inc), Option Agreement (National Health Partners Inc), Option Agreement (National Health Partners Inc)

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Methods of Payment. Shares of Common Stock purchased upon the exercise of this an Option may be paid for as follows: (a) in cash or by check, payable to the order of the Company; (b) if the shares of Common Stock underlying the Option are registered under the Securities Act of 1933, as amended (the "Securities Act"), by: (i) delivery by the Holder to the Company of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding, or (ii) delivery by the Holder to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company the exercise price and any required tax withholding; (c) if the shares of Common Stock underlying the Option are registered under the Securities Act, by delivery of such shares of Common Stock owned by the Holder valued at their Fair Market Value (as defined below), provided: (i) such method of payment is then permitted under applicable law, (ii) such shares of Common Stock have been owned by the Holder at least six months prior to the date of such delivery, and (iii) such shares of Common Stock are not subject to any repurchase, forfeiture, unfulfilled vesting or other similar requirements or restrictions; (d) by reducing the number of shares of Common Stock otherwise issuable under this Option to the Holder upon the exercise of this Option by a number of shares of Common Stock having a Fair Market Value equal to such aggregated exercise price; provided, however, that such method of payment is then permitted under applicable law; (e) to the extent permitted by applicable law and by the board of directors of the Company (the "Board"), in its sole discretion, by: (i) delivery of a promissory note of the Holder to the Company on terms determined by the Board, or (ii) payment of such other lawful consideration as the Board may determine; or (f) by any combination of the above permitted forms of payment.

Appears in 6 contracts

Samples: Employment Agreement (National Health Partners Inc), Option to Acquire Shares (National Health Partners Inc), Option to Acquire Shares (National Health Partners Inc)

Methods of Payment. Shares of Common Stock purchased upon the exercise of this Option may be paid for as follows: (a) in cash or by check, payable to the order of the Company; (b) if the shares of Common Stock underlying the Option are registered under the Securities Act of 1933, as amended (the "Securities Act"), by: (i) delivery by the Holder to the Company of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding, or (ii) delivery by the Holder to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company the exercise price and any required tax withholding; (c) if the shares of Common Stock underlying the Option are registered under the Securities Act, by delivery of such shares of Common Stock owned by the Holder valued at their Fair Market Value (as defined below), provided: (i) such method of payment is then permitted under applicable law, (ii) such shares of Common Stock have been owned by the Holder at least six months prior to the date of such delivery, and (iii) such shares of Common Stock are not subject to any repurchase, forfeiture, unfulfilled vesting or other similar requirements or restrictions; (d) by reducing the number of shares of Common Stock otherwise issuable under this Option to the Holder upon the exercise of this Option by a number of shares of Common Stock having a Fair Market Value equal to such aggregated exercise price; provided, however, that such method of payment is then permitted under applicable law; (e) to the extent permitted by applicable law and by the board of directors of the Company (the "Board"), in its sole discretion, by: (i) delivery of a promissory note of the Holder to the Company on terms determined by the Board, or (ii) payment of such other lawful consideration as the Board may determine; or (f) by any combination of the above permitted forms of payment.

Appears in 5 contracts

Samples: Option to Acquire Shares (National Health Partners Inc), Option Agreement (National Health Partners Inc), Option Agreement (National Health Partners Inc)

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Methods of Payment. Shares of Common Stock purchased upon the exercise of this Option may shall be paid for as follows: (ai) in cash or by check, payable to the order of the Company; (bii) if except as may otherwise be approved by the shares of Common Stock underlying the Option are registered under the Securities Act of 1933Board, as amended (the “Securities Act”)in its sole discretion, by: by (i) delivery by the Holder to the Company of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the exercise price and any required tax withholding, withholding or (ii) delivery by the Holder Participant to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the exercise price and any required tax withholding; (ciii) if to the shares of Common Stock underlying extent approved by the Option are registered under the Securities ActBoard, in its sole discretion, by delivery (either by actual delivery or attestation) of such shares of Common Stock owned by the Holder Participant valued at their Fair Market Value (as defined below), provided: provided (i) such method of payment is then permitted under applicable law, (ii) such shares of Common Stock have been Stock, if acquired directly from the Company, was owned by the Holder at least six months prior to Participant for such minimum period of time, if any, as may be established by the date of such delivery, Board in its discretion and (iii) such shares of Common Stock are is not subject to any repurchase, forfeiture, unfulfilled vesting or other similar requirements or restrictionsrequirements; (div) to the extent approved by reducing the Board, in its sole discretion, by delivery of a notice of “net exercise” to the Company, as a result of which the Participant would receive (i) the number of shares underlying the portion of Common Stock otherwise issuable under this the Option to the Holder upon the exercise of this Option by a being exercised, less (ii) such number of shares as is equal to (A) the aggregate exercise price for the portion of Common Stock having a the Option being exercised divided by (B) the Fair Market Value equal to such aggregated exercise price; provided, however, that such method on the date of payment is then permitted under applicable lawexercise; (ev) to the extent permitted by applicable law and approved by the board of directors of the Company (the “Board”), in its sole discretion, by: (i) delivery of a promissory note of the Holder to the Company on terms determined by the Board, or (ii) payment of such other lawful consideration as the Board may determine; or (fvi) by any combination of the above permitted forms of payment.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (MEI Pharma, Inc.), Nonstatutory Stock Option Agreement (Infinity Pharmaceuticals, Inc.)

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