No Guarantee of Continued Service. PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL NOT INTERFERE WITH PARTICIPANT’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANT’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature of the Company’s representative below, Participant and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreement. Participant further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTY, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE SIPEX CORPORATION /s/ Xxxxx Xxxxxxx /s/ Xxxxx X. Xxxxxx Signature: ZIPREALTYXxxxx Xxxxxxx By: Xxxxx X. Xxxxxx Title: CFO SIPEX Corporation 000 Xxxxx Xxxxxxxx Xxxxx Milpitas, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.CA 95053 Attention:
Appears in 1 contract
Samples: Stock Option Agreement (Exar Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYOPTIONEE CYBERONICS, INC. /s/ Lxxxx Wxxxxxx Sxxxxx Xxxxxxxx Signature Rxxxxx X. Xxxxxxx /s/ Rxxxxx X. Cxxxxxx Xxxxxxx Sxxxxx Xxxxxxxx Chairman & Chief Executive Officer Residence Address Cyberonics, Inc. 10000 Xxxxx Xxxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx #000 Xxxxxxx, Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Attention:
Appears in 1 contract
Samples: Officer Stock Option Plan Agreement (Cyberonics Inc)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxxx /s/ Xxxx Xxxxx --------------------------------- ------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxxx --------------------------------- ------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx _________________________________ Residence Address _________________________________ EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYOPTIONEE CYBERONICS, INC. Signature Rxxxxx X. Xxxxxxx /s/ Lxxxx Rxxxxxx Xxxxxxx /s/ Rxxxxx X. Xxxxxxx Rxxxxxx Xxxxxxx Chairman & Chief Executive Officer Residence Address 10000 Xxxxxxx Xxx Xxxxx Houston, TX 77059 Cyberonics, Inc. 10000 Xxxxx Xxxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx #000 Xxxxxxx, Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Attention:
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE SIPEX CORPORATION /s/ Xxxxx X. Xxxxxx /s/ Xxxxx Xxxxxxx Signature By: ZIPREALTYXxxxx Xxxxxxx, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print President & CEO Xxxxx X. Xxxxxx Name Assistant General Counsel Title 5000 Xxxxxxxxx Residence Address SIPEX Corporation 000 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxxxxxx Xxxxx Milpitas, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.CA 95053 Attention:
Appears in 1 contract
Samples: Stock Option Agreement (Exar Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxxxxxxx /s/ Xxxxxx Xxxxxxxxxxxx ------------------------------ ------------------------------------ Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxxxxxxx ------------------------------ ------------------------------------ Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ------------------------------ Residence Address ------------------------------ EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By ParticipantOptionee’s signature and the signature of the Company’s representative below, Participant Optionee and the Company agree that this the Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYOPTIONEE INTEGRATED SILICON SOLUTION, INC. /s/ Lxxxx Xxxxxxxxx Xxxxx X. Xxxxxxx /s/ Xxxxx X.X. Xxx Signature /s/ Sxxxxxxx By Xxxxx X. Xxxxxxx By Lxxxx Xxxxxxxxx Chairman, Chief Executive Officer and President Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx 0000 Xxxxxx XxxxxxXxxx Address Santa Clara, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx XxxxxCA 95054 Integrated Silicon Solution, Inc. 0000 Xxxxxx XxxxxxXxxx Santa Clara, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.CA 95054 Attention:
Appears in 1 contract
Samples: Stand Alone Stock Option Agreement (Integrated Silicon Solution Inc)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxxx Xxxx By /s/ Xxxx Xxxxx ----------------------------------- ---------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxxx Xxxx President & Chief Executive Officer ----------------------------------- ------------------------------------ Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ----------------------------------- Residence Address ----------------------------------- EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxxx Xxx By /s/ Xxxx Xxxxx ------------------------------------ ------------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxxx Xxx President & Chief Executive Officer ------------------------------------ --------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ------------------------------------ Residence Address ------------------------------------ EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT THE OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR EMPLOYMENT AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED 2013 Incentive Plan AN OPTION OR PURCHASING SHARES STOCK HEREUNDER). PARTICIPANT THE OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR EMPLOYMENT FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTTHE OPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTTHE OPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR EMPLOYMENT AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature The Optionee has reviewed the Plan, this Agreement, and the signature Notice of the Company’s representative below, Participant and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant has reviewed this Award Agreement Grant in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award AgreementPlan, this Agreement and the Notice of Grant. Participant By accepting this Option, the Optionee agrees to be bound by, and agrees that the Option is subject in all respects to, the terms of the Plan. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Committee upon any questions relating to Award the Plan, this Agreement, and the Notice of Grant. Participant The Optionee further agrees to notify the Company upon any change in the residence address indicated belowon this Agreement. PARTICIPANT: ZIPREALTY, INC. /s/ Lxxxx Xxxxxxxxx OPTIONEE ARROWHEAD RESEARCH CORPORATION Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx 000 X. Xxxx Xxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx0000 Xxxxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx 2013 Incentive Plan Arrowhead Research Corporation 000 Xxxxx Xxxx Xxxxxx, XX Xxxxx 0000 Xxxxxxxx, Xxxxxxxxxx 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as followsAttention: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole Secretary or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.CFO
Appears in 1 contract
Samples: Stock Option Award Agreement (Arrowhead Research Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxxxxxxx By /s/ Xxxx Xxxxx ---------------------------------- --------------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxxxxxxx President & Chief Executive Officer ---------------------------------- ----------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ---------------------------------- Residence Address ---------------------------------- EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE NUANCE COMMUNICATIONS ___________________________ ______________________________________ Signature By: ZIPREALTY, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxxxx Xxxxx Secretary and Chief Financial Officer ___________________________ ______________________________________ Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Its Address: 5000 Xxxxxxxxx XxxxxAddress: 0000 Xxxxxxxx Xxxxx -------- ------- Menlo Park, Xxxxxx XxxxxxCA 94025 ______________________________________ Date Received EXHIBIT A --------- 1998 STOCK PLAN EXERCISE NOTICE Nuance Communications 0000 Xxxxxxxx Xxxxx Menlo Park, XX 00000 You have been granted a nonstatutory stock CA 94025 Attention: Secretary
1. Exercise of Option. Effective as of today, ___________, 2000, the undersigned ("Optionee") hereby elects to exercise Optionee's option to purchase _________ shares of the Common Stock (the "Shares") of Nuance Communications (the "Company, subject ") under and pursuant to the terms 1998 Stock Plan (the "Plan") and conditions of this Award the Stock Option Agreement dated ________, 19____ (the "Option Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates").
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYOPTIONEE GENECRAFT, INC. /s/ Lxxxx Xxxxxxxxx ------------------------------------- ---------------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx ------------------------------------- ---------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx ------------------------------------- ------------------------------------- Residence Address EXHIBIT A 2002 STOCK PLAN EXERCISE NOTICE GENECRAFT, INC. 000 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX Xxxxx 0000 Xxxxxxx, Xxxxxxxxxx 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx XxxxxChief Executive Officer
1. Exercise of Option. Effective as of today, Xxxxxx Xxxxxx_____________, XX 00000 You have been granted a nonstatutory stock _____, the undersigned ("Optionee") hereby elects to exercise Optionee's option to purchase _________ shares of the Common Stock (the "Shares") of GeneCraft, Inc. (the "Company, subject ") under and pursuant to the terms 2002 Stock Plan (the "Plan") and conditions of this Award the Stock Option Agreement dated ____________, ____ (the "Option Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates").
Appears in 1 contract
Samples: Stock Option Agreement (Trubion Pharmaceuticals, Inc)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, EMPLOYEE OR CONSULTANT OR NON-EMPLOYEE DIRECTOR AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, EMPLOYEE OR CONSULTANT OR NON-EMPLOYEE DIRECTOR FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, EMPLOYEE OR CONSULTANT OR NON-EMPLOYEE DIRECTOR AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entiretythe Option, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTYNEUROCRINE BIOSCIENCES, INC. /s/ Lxxxx Xxxxxxxxx Signature Cxxxxxxxxxx X’Xxxxx, M.D. By: /s/ Sxxxxxxx Gxxx Xxxxx Name: Cxxxxxxxxxx X’Xxxxx, M.D. Gxxx Xxxxx Date: 10/31/05 President and Chief Executive Officer Residence Address: 400 Xxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxx. Xxx Xxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Neurocrine Biosciences, Inc. 10000 Xx Xxxxxx Xxxx Xxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as followsAttention: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL NOT INTERFERE WITH PARTICIPANT’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANT’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature of the Company’s representative below, Participant and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreement. Participant further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTY, INC. /s/ Rxxxxx Xxxxxxxxxx /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Rxxxxx Xxxxxxxxxx General Counsel Print Name Assistant General Counsel Title 5000 Xxxxxxxxx 2000 Xxxxx Xxxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxx Xxxxxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Rxxxxx Xxxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx2000 Xxxxx Xxxxxx, Xxxxxx XxxxxxXxx Xxxxxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 2720, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 130,000 Total Exercise Price $ 334,000 $868,400 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.:
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxx Xxxxx By /s/ Xxxxxx Xxxxxxxxxxxx -------------------------------------- ------------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Chairman & Chief Executive Officer -------------------------------------- --------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ______________________________________ Residence Address EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES OPTIONS PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (OR THE PARENT OR SUBSIDIARY EMPLOYING OR RETAINING PARTICIPANT), AND AS OTHERWISE PROVIDED HEREIN, AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S RIGHT OR THE COMPANY’S RIGHT OF THE COMPANY (OR THE PARENT OR SUBSIDIARY EMPLOYING OR RETAINING PARTICIPANT) TO TERMINATE PARTICIPANT’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Participant acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts the Options subject to all of this Award Agreementthe terms and provisions thereof. Participant has reviewed this Award Agreement the Plan and the Options in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award AgreementOptions. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreement. Participant further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYPARTICIPANT TINDER, INC. /s/ Lxxxx Xxxx Xxx /s/ Xxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx XXXX XXX XXXXX XXXXXXXXX Print Name Assistant Print Name VP Title Residence Address IAC /s/ Xxxxx Xxxxxxxxx By XXXXX XXXXXXXXX Print Name EVP & General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxTinder, XX 00000 NameInc. [Address] Attention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.[Title]
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxxxx Xxxx /s/ Xxxx Xxxxx ______________________________________ ______________________________________ Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxxxx Xxxx ______________________________________ ______________________________________ Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ______________________________________ Residence Address EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxxxxx Xxx /s/ Xxxxxx Xxxxxxxxxxxx ----------------------------- -------------------------- Signature /s/ Sxxxxxxx By Xxxxxxx By Lxxxx Xxxxxxxxx Xxx Chairman and CEO ----------------------------- -------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx _____________________________ Residence Address _____________________________ EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE SIPEX CORPORATION Signature By: ZIPREALTYXxxxx Xxxxxxx, INCPresident & CEO «First» «MI» «Last» Name «Address1» Residence Address «City», «ST» «Zip» SIPEX Corporation 000 Xxxxx Xxxxxxxx Xxxxx Milpitas, CA 95053 Attention: Exercise of Option. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxEffective as of today, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx200 , XX 00000 You have been granted a nonstatutory stock option the undersigned (“Purchaser”) hereby elects to purchase shares (the “Shares”) of the Common Stock of SIPEX Corporation (the “Company, subject ”) under and pursuant to the terms and conditions of this Award Stock Option Agreement dated (the “Option Agreement”). The purchase price for the Shares shall be $ , as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to required by the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such datesAgreement.
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE SIPEX CORPORATION Signature By: ZIPREALTYRxxxx Xxxxxxx, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print President & CEO «First» «MI» «Last» Name Assistant General Counsel Title 5000 Xxxxxxxxx «Address1» Residence Address «City», «ST» «Zip» SIPEX Corporation 200 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxxxxxx Xxxxx Xxxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx XxxxxExercise of Option. Effective as of today, Xxxxxx Xxxxxx___, XX 00000 You have been granted a nonstatutory stock option 200_, the undersigned (“Purchaser”) hereby elects to purchase ___shares (the “Shares”) of the Common Stock of SIPEX Corporation (the “Company, subject ”) under and pursuant to the terms and conditions of this Award Stock Option Agreement dated ___(the “Option Agreement”). The purchase price for the Shares shall be $___, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to required by the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such datesAgreement.
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYXXXX X’XXXXXXX EQUATOR TECHNOLOGIES, INC. /s/ Lxxxx Xxxxxxxxx Signature Xxxx X’Xxxxxxx /s/ Sxxxxxxx Xxxxxxx Equator Technologies, Inc. By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel By Title 5000 Xxxxxxxxx Title Address Equator Technologies, Inc. 0000 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxx Xx. Campbell, XX 00000 NameCA 95008-6723 Attention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stand Alone Stock Option Agreement (Pixelworks Inc)
No Guarantee of Continued Service. PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (OR THE PARENT OR SUBSIDIARY EMPLOYING OR RETAINING PARTICIPANT) AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S RIGHT OR THE COMPANY’S RIGHT OF THE COMPANY (OR THE PARENT OR SUBSIDIARY EMPLOYING OR RETAINING PARTICIPANT) TO TERMINATE PARTICIPANT’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature of the Company’s representative below, Participant and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award Agreementthis Option. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award Agreementthis Option. Participant further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYPARTICIPANT SUTROVAX, INC. XXXX-XXXXXXXXXX CONSULTING LTD /s/ Lxxxx Xxxxxxx Xxxx-Xxxxxxxxxx /s/ Xxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx By Xxxxxxx By Lxxxx Xxxx-Xxxxxxxxxx Xxxxx Xxxxxxxxx Print Name Assistant General Counsel Print Name President and Chief Executive Officer Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxAddress SutroVax, XX 00000 NameInc. 000 Xxxx Xxx. So. San Francisco, CA 94080 Attention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.President
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE, SUBJECT TO THE PROVISIONS IN THE EMPLOYMENT AGREEMENT. By Participant’s signature and the signature of the Company’s representative below, Participant and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement Option in its entirety, has had an opportunity to obtain the advice of counsel and other advisors prior to executing this Award Agreement and fully understands all provisions of the Award Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Compensation Committee of the Company’s board of directors upon any questions relating to arising under this Award Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTY/s/ Fxxxxx Xxxxxxxx /s/ Gxxx Xxxxxxxx Fxxxxx Xxxxxxxx By Gxxx Xxxxxxxx Name CFO Title Residence Address Ascent Solar Technologies, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Inc. 10000 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Stock Option Administrator Name of Optionee: Fxxxxx Xxxxxxxx Optionee’s Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock Optionee’s Social Security Number: Date of the Company, subject to the terms and conditions of this Award Agreement: August 3, as follows2009 Exercise Date: Grant The Shares Purchased are Incentive Stock Options: No Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Shares Purchased Pursuant to this Notice: Exercise Price per Share Share: $ 6.68 Total Number Aggregate Exercise Price: $ Amount of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration DatePayment Enclosed: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.$
Appears in 1 contract
Samples: Inducement Award Agreement (Ascent Solar Technologies, Inc.)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxx Xxxxxx /s/ Xxxx Xxxxx --------------------------- ----------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxx Xxxxxx --------------------------- ----------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx --------------------------- Residence Address --------------------------- EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYOPTIONEE COMSCORE NETWORKS, INC. /s/ Lxxxx Xxxxxxxxx Signature Mxxxx Xxxxxxx MXXXX XXXXXXX /s/ Sxxxxxxx Sxxxx Xxxxxx By Sxxxx Xxxxxx Mxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Chief Financial Officer Title 5000 Xxxxxxxxx 1000 Xxxxxx Xxxxx, Great Falls, VA 22066 Residence Address comScore Networks, Inc. 10000 Xxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxx, Xxx. 000 Xxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Corporate Secretary
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYXXXX X’XXXXXXX EQUATOR TECHNOLOGIES, INC. /s/ Lxxxx Xxxxxxxxx Signature Xxxx X’Xxxxxxx /s/ Sxxxxxxx Xxxxxxx Equator Technologies, Inc. By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel By Title 5000 Xxxxxxxxx Title Address EXHIBIT A EQUATOR TECHNOLOGIES, INC. EXERCISE NOTICE Equator Technologies, Inc. 0000 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxx Xx. Xxxxxxxx, XX 00000 Name00000-0000 Attention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTYSTRATUMONE COMMUNICATIONS, INC. /s/ Lxxxx Xxxxxxxxx ---------------------------------- ------------------------------------ Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx ---------------------------------- ------------------------------------ Print Name Assistant General Counsel Title 5000 Xxxxxxxxx ---------------------------------- ---------------------------------- Residence Address EXHIBIT A 1997 STOCK PLAN EXERCISE NOTICE StratumOne Communications, Inc. 3900 Xxxxxxx Xxxxxx, Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx000 Xxxxx Xxxxx, XX 00000 NameXxxention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Jay Xxxxxxxx
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN A SERVICE PROVIDER OR EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AS THE CASE MAY BE, AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT A SERVIE PROVIDER OR NON-EMPLOYEE DIRECTOR FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT A SERVICE PROVIDER OR NON-EMPLOYEE DIRECTOR AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address and telephone numbers indicated below. PARTICIPANTOPTIONEE: ZIPREALTYCOMPETITIVE COMPANIES, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Signature ______________________________ Larry A. Halstead Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxx Corporate Secretary & Plan Administrator 3751 Merced Drive, Suite A ______________________________ Riverside, CA 92503 Addxxxx (909) 687-6100 ______________________________ City State Zip (_____)_______________________ Telephone Number EXHIBIT A EXERCISE NOTICE TO: COMPETITIVE COMPANIES, INC. Attn: Stock Plan Administrator 3751 Merced Drive, Suite A Xxxxxxxxx, XX 00000 NameXXXX: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock ______________________________ ______________________________ ______________________________ As of the Company, subject to the terms ___________________ (Date) and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% terms of the Shares subject Stock Option Grant Number ________ I hereby elect to exercise such Option to the Option will vest twelve months after the Vesting Commencement Dateextent delineated below:
1. OPTION NUMBER: __________
2. NUMBER OF SHARES BEING EXERCISED: __________
3. EXERCISE PRICE PER SHARE (PER OPTION NUMBER): $__________
4. AGGREGATE PRICE OF SHARES (#2 X #3, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.above) $__________
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxx Xxxxx /s/ Xxxx Xxxxx ---------------------------------- ------------------------------------ Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxx Xxxxx CEO ---------------------------------- ----------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx __________________________________ Residence Address __________________________________ EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By ParticipantOptionee’s signature and the signature of the Company’s representative below, Participant Optionee and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYOPTIONEE AKESIS PHARMACEUTICALS, INC. /s/ Lxxxx Xxxxxxxxx Xxxx XxXxx, Ph.D. /s/ Xxx Xxxxxxx, Ph.D. Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxx XxXxx, Ph.D. Xxx Xxxxxxx, Ph.D. Print Name Assistant General Counsel Name Chairman and CEO Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Residence Address Akesis Pharmaceuticals, Inc. 000 Xxxxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxx Xxxxxx, XX Xxxxxxxxxx 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as followsAttention: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.President
Appears in 1 contract
Samples: Stand Alone Stock Option Agreement (Akesis Pharmaceuticals, Inc.)
No Guarantee of Continued Service. PARTICIPANT RECIPIENT ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES SARS PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (OR THE PARENT OR SUBSIDIARY EMPLOYING OR RETAINING RECIPIENT) AND NOT THROUGH THE ACT OF BEING HIRED, HIRED OR BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER)THESE SARS. PARTICIPANT RECIPIENT FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S THE RIGHT OF THE RECIPIENT OR THE COMPANY’S RIGHT COMPANY (OR THE PARENT OR SUBSIDIARY EMPLOYING OR RETAINING RECIPIENT) TO TERMINATE PARTICIPANTRECIPIENT’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and Recipient hereby accepts the signature SARs subject to all of the Company’s representative below, Participant and the Company agree that this Option is granted under and governed by the terms and conditions provisions of this Award Agreement. Participant has reviewed this Award Agreement in its entiretyRECIPIENT HAS REVIEWED THIS AGREEMENT IN ITS ENTIRETY, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award AgreementHAS HAD AN OPPORTUNITY TO OBTAIN THE ADVICE OF COUNSEL PRIOR TO EXECUTING THIS AGREEMENT AND FULLY UNDERSTANDS ALL PROVISIONS OF THIS AGREEMENT. Participant Recipient hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Committee upon any questions relating to Award arising under this Agreement. Participant Recipient further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYRECIPIENT ASSETMARK FINANCIAL HOLDINGS, INC. ______________________ By: /s/ Lxxxx Xxxxxxxxx Xxx Xxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx ______________________ Name: Xxx Xxxxx Print Name Assistant Title: EVP and General Counsel Title 5000 Xxxxxxxxx ###HOME_ADDRESS### Address _____________________ Email Address ###ACCEPTANCE_DATE### AssetMark Financial Holdings, Inc. 0000 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Corporate Secretary
Appears in 1 contract
Samples: Stock Appreciation Right Award Agreement (AssetMark Financial Holdings, Inc.)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYMISSION CRITICAL SOFTWARE, INC. /s/ Lxxxx Xxxxxxxxx _______________________________________ By _______________________________________ Title OPTIONEE'S ACCEPTANCE AND ACKNOWLEDGMENT Dated:________________________ ________________________________ Residential Address ______________________________ ________________________________ Optionee's Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxCity, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx XxxxxState, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock Zip Code _____ I hereby acknowledge that I am not legally married as of the Companydate of this Agreement. _____ I hereby acknowledge that I am legally married as of the date of this Agreement and, subject if applicable, by executing this Agreement, my spouse agrees to be bound by all the terms and conditions of this Award Agreement. _____________________________ Spouse's Signature SPOUSAL SIGNATURE IS REQUIRED FOR RESIDENTS OF COMMUNITY PROPERTY STATES: ARIZONA, CALIFORNIA, IDAHO, LOUISIANA, NEVADA, NEW MEXICO, TEXAS, WASHINGTON AND WISCONSIN. THIS OPTION WILL BECOME EFFECTIVE UPON RECEIPT BY THE COMPANY OF ONE FULLY EXECUTED COPY OF THIS AGREEMENT EXHIBIT A 1997 STOCK OPTION PLAN EXERCISE NOTICE Mission Critical Software, Inc. 000 Xxxxx Xxxx Xxx Xxxx Xxxxx 000 Xxxxxxx, Xxxxx 00000 Attention: Chief Executive Officer
1. EXERCISE OF OPTION. Effective as follows: Grant Number TBD Date of Grant September 13today, 2007 Vesting Commencement Date August 27___________, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 1219__, 2017 Vesting Schedule: Subject the undersigned ("Optionee") hereby elects to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% exercise Optionee's option to purchase _________ shares of the Shares subject Common Stock (the "Shares") of Mission Critical Software, Inc. (the "Company") under and pursuant to the 1997 Stock Option will vest twelve months after Plan (the Vesting Commencement Date"Plan") and the Stock Option Agreement dated ________, and 1/48 of 19 (the Shares subject to the "Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such datesAgreement").
Appears in 1 contract
Samples: Stock Option Agreement (Mission Critical Software Inc)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreement. Participant the terms and provisions thereof Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTYTRADINGDYNAMICS, INC. /s/ Lxxxx Xxxxxxxxx -------------------------------------- ----------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx -------------------------------------- ----------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx -------------------------------------- -------------------------------------- Residence Address EXHIBIT A 1997 STOCK PLAN EXERCISE NOTICE Trading Dynamics, Inc. 000 Xxxxxxxxxx Xxxxxx, Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx000 Xxx Xxxxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.[Secretary]
Appears in 1 contract
Samples: Stock Option Agreement (Ariba Inc)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxx By /s/ Xxxx Xxxxx ----------------------------------- ------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxx President & Chief Executive Officer ----------------------------------- ------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ___________________________________ Residence Address ___________________________________ EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE SIPEX CORPORATION /s/ Cxxxx X. Xxxxxx /s/ Rxxxx Xxxxxxx Signature By: ZIPREALTYRxxxx Xxxxxxx, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print President & CEO Cxxxx X. Xxxxxx Name Assistant General Counsel Title 5000 Xxxxxxxxx Residence Address SIPEX Corporation 200 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxxxxxx Xxxxx Xxxxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Attention:
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. /s/ Lxxxx Xxxxxxxxx XXXX XXXXX' IDEALAB! ------------------------------ ----------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxx Xxxxxx ------------------------------ ----------------------------- Print Name Assistant General Counsel Name, Title 5000 Xxxxxxxxx EXHIBIT A 1996 EMPLOYEE STOCK PLAN EXERCISE NOTICE Xxxx Xxxxx' idealab! 000 X. Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.President
Appears in 1 contract
Samples: Stock Option Agreement (Idealab)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES SHAKES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant , Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYOPTIONEE CYBERONICS, INC. Signature Rxxxxx X. Xxxxxxx /s/ Lxxxx Mxxxxxx Xxxxxx Mxxxxxx Xxxxxx /s/ Rxxxxx X. Xxxxxxx Chairman & Chief Executive Officer Residence Address 200 Xxxxxxxx Xxxxxx Long Valley, NJ 07853 Cyberonics, Inc. 10000 Xxxxx Xxxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx #000 Xxxxxxx, Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Attention:
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTY/s/ Dxxxx X. Xxxx Signature Rxxxxx X. Xxxxxxx Dxxxx X. Xxxx /s/ Rxxxxx X. Xxxxxxx Chairman & Chief Executive Officer Cyberonics, INCInc. 10000 Xxxxx Xxxxxx Xxxxxxxxx #000 Xxxxxxx, Xxxxx 00000 Attention:
1. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxExercise of Option, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx XxxxxEffective as of today, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option 20 , the undersigned (“Purchaser”) hereby elects to purchase shares (the “Shares”) of the Common Stock of Cyberonics, Inc. (the “Company, subject ”) under and pursuant to the terms and conditions of this Award New Employee Equity Inducement Plan Agreement dated [ ] (the “Equity Inducement Agreement”). The purchase price for the Shares shall be [$ ], as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to required by the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such datesAgreement.
Appears in 1 contract
Samples: Employee Equity Inducement Plan Agreement (Cyberonics Inc)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES 4 -4- HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this the Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, GENESIS MICROCHIP INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx By: Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Title: Residence Address: 5000 EXHIBIT A GENESIS MICROCHIP INC. 1997 EMPLOYEE STOCK OPTION PLAN EXERCISE NOTICE Genesis Microchip Inc. Suite 400, 200 Xxxx Xxxxxx Xxxxxxxxx XxxxxXxxxxxx, Xxxxxx XxxxxxXxxxxxx X0X 0X0 Xxtention: Secretary
1. Exercise of Option. Effective as of today, XX 00000 You have been granted a nonstatutory stock option ________________, 199__, the undersigned ("Purchaser") hereby elects to purchase Common ______________ common shares (the "Shares") of Genesis Microchip Inc. (the "Company") under and pursuant to the 1997 Employee Stock Option Plan of the CompanyCompany (the "Plan") and the Stock Option Agreement dated , subject to 19___ (the terms and conditions of this Award "Option Agreement"). The purchase price for the Shares shall be $ , as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to required by the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such datesAgreement.
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTY, INC. OPTIONEE EPICOR SOFTWARE CORPORATION /s/ Lxxxx Xxxxxxxxx XXXXXXX X. XXXXXXX /s/ XXXX XXXXXXX Signature /s/ Sxxxxxxx By Xxxxxxx By Lxxxx Xxxxxxxxx X. Xxxxxxx General Counsel Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Address 000 Xxxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxIrvine, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx XxxxxCA 92618 Epicor Software Corporation 000 Xxxxxxxxxx Xxxxx Irvine, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.CA 92718-2402 Attention:
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Epicor Software Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTYLECG CORPORATION /s/ Xxxxx X. Xxxxxx /s/ Xxxx X. Xxxxx Signature By: Xxxx X. Xxxxx Print Name: Xxxxx X. Xxxxxx Its: Chief Financial Officer 0000 Xxxxxxx Xxxx Xxxx Bethesda, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx MD 20817 LECG Corporation 0000 Xxxxxx Xxxxxx, XX 00000 NameSuite 600 Emeryville, California 94608 Attention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Administrator
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxxxxxxx By /s/ Xxxx Xxxxx ---------------------------------- -------------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxxxxxxx President & Chief Executive Officer ---------------------------------- ----------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ---------------------------------- Residence Address ---------------------------------- EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxx Xxxxx By /s/ Xxxx Xxxxx ---------------------------------- ------------------------------------ Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxx Xxxxx President & Chief Executive Officer ---------------------------------- --------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ---------------------------------- Residence Address ---------------------------------- EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTY, INC. /s/ Lxxxx Xxxxxxxxx OPTIONEE LSI LOGIC CORPORATION Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Axxxxxx X. Xxxxxxxxx Print Name Assistant By: /s/ Dxxxx Xxxxxx Axxxxxx X. Xxxxxxxxx Title: Vice President, General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Residence Address LSI Logic Corporation 1000 Xxxxxx XxxxxxXxxx Xxxxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.CA 95035 Attention:
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY XXXXX XXXXX CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (OR THE PARENT OR SUBSIDIARY EMPLOYING OR RETAINING PARTICIPANT) AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT of XXXXX XXXXX AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S RIGHT OR THE COMPANY’S RIGHT OF THE COMPANY (OR THE PARENT OR SUBSIDIARY EMPLOYING OR RETAINING XXXXX XXXXX) TO TERMINATE PARTICIPANT’S XXXXX XXXXX’X RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature of the Company’s representative below, Participant and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award Agreementthis Option. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award Agreementthis Option. Participant further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYXXXXX ENTERPRISES LLC SUTROVAX, INC. /s/ Lxxxx Xxxxx Xxxxx /s/ Xxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxx Xxxxx Xxxxx Xxxxxxxxx Print Name Assistant General Counsel and Title 5000 Xxxxxxxxx Print Name President and Chief Executive Officer Title Address Email Address SutroVax, Inc. 000 X Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXx., XX 00000 NameSuite 205 So. San Francisco, CA 94080 Attention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.President
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY XX. XXXXXXXXX CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT OF XX. XXXXXXXXX AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S XX. XXXXXXXXX’X RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANT’S XX. XXXXXXXXX’X RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature of the Company’s representative below, Participant and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Option Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award this Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award arising under this Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTY, INC. By By /s/Xxxxxx X. Xxxxxx /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx X. Xxxxxxxxxx Xxxxxx X. Xxxxxxx Xxxxxxx X. Xxxxxxxxxx Print Name Assistant Print Name Senior VP Legal Affairs Authorized Person General Counsel and Secretary Title 5000 Title Address: The undersigned hereby acknowledges that the Original Option (as defined above) is null and void and of no further force and effect. Xxxxx X. Xxxxxxxxx Tercica, Inc. 000 Xxxxxxx Xxxxxxxxx, Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx000 Xxxxx Xxx Xxxxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Assistant Secretary
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE SIPEX CORPORATION /s/ Rxxxx Xxxxxxx /s/ Cxxxx X. Xxxxxx Signature: ZIPREALTY, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Rxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx By: Cxxxx X. Xxxxxx Title: CFO SIPEX Corporation 200 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxxxxxx Xxxxx Xxxxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Attention:
Appears in 1 contract
Samples: Stock Option Agreement (Sipex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE NUANCE COMMUNICATIONS -------------------------------- ------------------------------------- Signature By: ZIPREALTY, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxxxx Xxxxx Secretary and Chief Financial Officer -------------------------------- ------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Its Address: 5000 Xxxxxxxxx XxxxxAddress: ------- ------- 0000 Xxxxxxxx Xxxxx Menlo Park, Xxxxxx XxxxxxCA 94025 ____________________________________ Date Received EXHIBIT A --------- 1998 STOCK PLAN EXERCISE NOTICE Nuance Communications 0000 Xxxxxxxx Xxxxx Menlo Park, XX 00000 You have been granted a nonstatutory stock CA 94025 Attention: Secretary
1. Exercise of Option. Effective as of today, ___________, 2000, the undersigned ("Optionee") hereby elects to exercise Optionee's option to purchase _________ shares of the Common Stock (the "Shares") of Nuance Communications (the "Company, subject ") under and pursuant to the terms 1998 Stock Plan (the "Plan") and conditions of this Award the Stock Option Agreement dated ________, 19____ (the "Option Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates").
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxxxxx Xxx By /s/ Xxxx Xxxxx -------------------------------------- ----------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxx President & Chief Executive Officer -------------------------------------- ------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ______________________________________ Residence Address ______________________________________ EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTYSTRATUMONE COMMUNICATIONS, INC. /s/ Lxxxx Xxxxxxxxx ------------------------------------- --------------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx ------------------------------------- --------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx ------------------------------------- ------------------------------------- Residence Address -6- 7 EXHIBIT A 1997 STOCK PLAN EXERCISE NOTICE StratumOne Communications, Inc. 3900 Xxxxxxx Xxxxxx, Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx000 Xxxxx Xxxxx, XX 00000 NameXxxention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Jay Xxxxxxxx
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this the Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, GENESIS MICROCHIP INC. /s/ Lxxxx Xxxxxxxxx _______________________________ By__________________________________ Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel _______________________________ Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx ________________________________ Name & Address: 5000 Xxxxxxxxx Xxxxx___________________________ ___________________________ ___________________________ Genesis Microchip Inc. 100 Xxxxxxxx Xxxxxx Xx. Xxxx Txxxxxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option ON L3T 7V8 Attention: VP Human Resources
1. Exercise of Option: The undersigned (“Purchaser”) hereby elects to purchase Common Stock common shares of Genesis Microchip Inc. under and pursuant to the respective Plan of the Company, subject to Company (the terms “Plan”) and conditions of this Award the Stock Option Agreement dated (the “Option Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates”).
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTYTEKOIL & GAS CORPORATION /s/ Xxxxxxx Creitzman /s/ Xxxx X. Western XXXXXXX CREITZMAN By Xxxx 0, INC00 Xxx Xxxx Xxxxxxx President & CEO Xxxxxx XX00 0XX Xxxxxx Xxxxxxx Title Tekoil & Gas Corporation 0000 Xx. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxxxxxx Xxxx. Suite 232 Orlando, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx XxxxxFL 32819
1. Exercise of Option. Effective as of today, Xxxxxx Xxxxxx______________, XX 00000 You have been granted a nonstatutory stock 200__, the undersigned ("Optionee") hereby elects to exercise Optionee's option to purchase _________ shares of the Common Stock (the "Shares") of Tekoil & Gas Corporation (the "Company, subject ") under and pursuant to the terms Tekoil & Gas Corporation Omnibus Equity Plan (the "Plan") and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13the Stock Option Agreement dated August 15, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this (the "Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such datesAgreement").
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxxxxxxx By /s/ Xxxx Xxxxx ----------------------------------- ------------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxxxxxx Xxxxxxxxxx President & Chief Executive Officer ----------------------------------- --------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ----------------------------------- Residence Address ----------------------------------- EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. AVANEX CORPORATION /s/ Lxxxx Xxxxxxxxx Xxxx Xxxxx /s/ Xxxx Xxxxx __________________________________ By__________________________________ Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Xxxx Xxxxx President & Chief Executive Officer __________________________________ -------------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx __________________________________ Residence Address __________________________________ EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTYTRADINGDYNAMICS, INC. /s/ Lxxxx Xxxxxxxxx -------------------------------------- ----------------------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx -------------------------------------- ----------------------------------- Print Name Assistant General Counsel Title 5000 Xxxxxxxxx -------------------------------------- Residence Address EXHIBIT A 1997 STOCK PLAN EXERCISE NOTICE TradingDynamics, Inc. 000 Xxxxxxxxxx Xxxxxx, Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx000 Xxx Xxxxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.[Secretary]
Appears in 1 contract
Samples: Stock Option Agreement (Ariba Inc)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN A SERVICE PROVIDER OR EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR AS THE CASE MAY BE, AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT A SERVIE PROVIDER OR NON-EMPLOYEE DIRECTOR FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT A SERVICE PROVIDER OR NON-EMPLOYEE DIRECTOR AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address and telephone numbers indicated below. PARTICIPANTOPTIONEE: ZIPREALTYCOMPETITIVE COMPANIES, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Signature ______________________________ Larry A. Halstead Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxNxxx Corporate Secretary & Plan Administrator 11731 Sterling Avenue, Suite F ______________________________ Riverside, CA 92503 Addrxxx (909) 687-6100 ______________________________ City State Zip (____)________________________ Telephone Number EXHIBIT A EXERCISE NOTICE TO: COMPETITIVE COMPANIES, INC. Attn: Stock Plan Administrator 11731 Sterling Avenue, Suite F Xxxxxxxxx, XX 00000 NameXXXX: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock ______________________________ ______________________________ ______________________________ As of the Company, subject to the terms ___________________ (Date) and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% terms of the Shares subject Stock Option Grant Number ________ I hereby elect to exercise such Option to the Option will vest twelve months after the Vesting Commencement Dateextent delineated below:
1. OPTION NUMBER: __________
2. NUMBER OF SHARES BEING EXERCISED: __________
3. EXERCISE PRICE PER SHARE (PER OPTION NUMBER): $__________
4. AGGREGATE PRICE OF SHARES (#2 X #3, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.above) $__________
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant , Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant , Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYOPTIONEE CYBERONICS, INC. /s/ Lxxxx Xxxxxxxxx Gxxxxx X. Xxxxxx /s/ Rxxxxx X. Xxxxxxx Signature /s/ Sxxxxxxx Rxxxxx X. Xxxxxxx By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Gxxxxx X. Xxxxxx Xxxxxx7.14.03 Gxxxxx X. Xxxxxx XXX Chairman & Chief Executive Officer 15 INVERNESS CT Address Cheshire, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx XxxxxCT 06410 City, Xxxxxx XxxxxxState, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the CompanyZip Code ###-##-#### 7/21/03 Social Security Number EXERCISE NOTICE Cyberonics, subject to the terms and conditions of this Award AgreementInc. 100 Xxxxxxxxxx Xxxx. Houston, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Texas 77058 Attention:
Appears in 1 contract
Samples: Officer Stock Option Plan Agreement (Cyberonics Inc)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYOPTIONEE IMARX THERAPEUTICS, INC. /s/ Lxxxx ___________________________ ___________________________________ Signature By Evan C. Unger Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx & CEO ___________________________ ___________________________________ Print Name Assistant General Counsel Title 5000 Xxxxxxxxx ___________________________ Spouse signature ___________________________ Print Name ___________________________ ___________________________ Residence Address EXHIBIT A 2000 STOCK PLAN EXERCISE NOTICE ImaRx Therapeutics, Inc. 1635 East 18th Tucson, Arizona 85719 Xxxxxxxxx: Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Xxxx Xxxxxxxxxxxxx
Appears in 1 contract
Samples: Executive Employment Agreement (Imarx Therapeutics Inc)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By ParticipantOptionee’s signature and the signature of the Company’s representative below, Participant Optionee and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYOPTIONEE AKESIS PHARMACEUTICALS, INC. /s/ Lxxxx Xxxxxxxxx Xxxx XxXxx, Ph.D. /s/ Xxx Xxxxxxx, Ph.D. Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx By: Xxx Xxxxxxx, Ph.D. Xxxx XxXxx, Ph.D. Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Title: President and Chief Executive Officer Address: Address: 000 Xxxxxxxx Xxxxxx, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxx Xxxxxxxxxx 00000 Akesis Pharmaceuticals, Inc. 000 Xxxxxxxx Xxxxxx, XX Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as followsAttention: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Chief Financial Officer
Appears in 1 contract
Samples: Stand Alone Stock Option Agreement (Akesis Pharmaceuticals, Inc.)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED CONTINUES ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTYXxxx X’Xxxxxxx EQUATOR TECHNOLOGIES, INC. /s/ Lxxxx Xxxxxxxxx Signature Xxxx X’Xxxxxxx /s/ Sxxxxxxx Xxxxxxx Equator Technologies, Inc. By Lxxxx Xxxxxxxxx Print Name Assistant General Counsel By Title 5000 Xxxxxxxxx Title Address Equator Technologies, Inc. 0000 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxx Xx. Campbell, XX 00000 NameCA 95008-6723 Attention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN THIS OPTION OR PURCHASING ACQUIRING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE IN ANY WAY WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s signature and the signature Optionee acknowledges receipt of a copy of the Company’s representative below, Participant Plan and the Company agree represents that this Option he or she is granted under and governed by familiar with the terms and conditions provisions thereof, and hereby accepts this Option subject to all of this Award Agreementthe terms and provisions thereof. Participant Optionee has reviewed the Plan and this Award Agreement Option in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement Option and fully understands all provisions of the Award AgreementOption. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award Agreementarising under the Plan or this Option. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. /s/ Lxxxx Xxxxxxxxx XXXX XXXXX' IDEALAB! --------------------------- -------------------- Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx XXXXXX XXXXXX --------------------------- -------------------- Print Name Assistant General Counsel Name, Title 5000 Xxxxxxxxx EXHIBIT A 1996 EMPLOYEE STOCK PLAN EXERCISE NOTICE Xxxx Xxxxx' idealab! 000 X. Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxXxxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.President
Appears in 1 contract
Samples: Stock Option Agreement (Idealab)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTY, INC. /s/ Lxxxx Xxxxxxxxx AVANEX CORPORATION ________________________________ _____________________________________ Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx ________________________________ _____________________________________ Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ________________________________ Residence Address ________________________________ EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL NOT INTERFERE WITH PARTICIPANTOPTIONEE’S RIGHT OR THE COMPANY’S RIGHT TO TERMINATE PARTICIPANTOPTIONEE’S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By ParticipantOptionee’s signature and the signature of the Company’s representative below, Participant Optionee and the Company agree that this Option is granted under and governed by the terms and conditions of this Award Agreement. Participant Optionee has reviewed this Award Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Agreement and fully understands all provisions of the Award this Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator Board upon any questions relating to Award this Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANT: ZIPREALTY, INCOPTIONEE APPLIED IMAGING CORP. /s/ Lxxxx Xxxxx Xxxxxxx /s/ Xxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx By Xxxxx Xxxxxxx By Lxxxx Xxxxxxxxx CFO Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Residence Address Applied Imaging Corp. 0000 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx XxxxxxSanta Clara, XX 00000 Name: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx XxxxxCA, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.95051 Attention:
Appears in 1 contract
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTYALTIRIS, INC. /s/ Lxxxx Xxxxxxxxx ----------------------------------- ------------------------------------------ Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx ----------------------------------- ------------------------------------------ Print Name Assistant General Counsel Title 5000 Xxxxxxxxx ----------------------------------- Residence Address ----------------------------------- EXHIBIT A --------- ALTIRIS, INC. 2002 STOCK PLAN EXERCISE NOTICE Altiris, Inc. 000 Xxxx 000 Xxxxx Xxxxxxxxx Xxxxxxx Xxxxxx Xxxxxx, XX Xxxx 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Corporate Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Altiris Inc)
No Guarantee of Continued Service. PARTICIPANT OPTIONEE ACKNOWLEDGES AND AGREES THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT THE WILL OF THE COMPANY (AND NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED AN OPTION OR PURCHASING SHARES HEREUNDER). PARTICIPANT OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND WILL SHALL NOT INTERFERE WITH PARTICIPANT’S OPTIONEE'S RIGHT OR THE COMPANY’S 'S RIGHT TO TERMINATE PARTICIPANT’S OPTIONEE'S RELATIONSHIP AS AN EMPLOYEE, CONSULTANT OR NON-EMPLOYEE DIRECTOR A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. By Participant’s your signature and the signature of the Company’s 's representative below, Participant you and the Company agree that this Option is granted under and governed by the terms and conditions of the Plan and this Award Option Agreement. Participant Optionee has reviewed the Plan and this Award Option Agreement in its their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Award Option Agreement and fully understands all provisions of the Award Plan and Option Agreement. Participant Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to Award the Plan and Option Agreement. Participant Optionee further agrees to notify the Company upon any change in the residence address indicated below. PARTICIPANTOPTIONEE: ZIPREALTYAVANEX CORPORATION /s/ Xxxx Xxxxx /s/ Xxxxx Xxxx ____________________________________ By__________________________________ Signature Xxxx Xxxxx Vice President, INC. /s/ Lxxxx Xxxxxxxxx Signature /s/ Sxxxxxxx Xxxxxxx By Lxxxx Xxxxxxxxx Finance and CFO ____________________________________ ------------------------------------ Print Name Assistant General Counsel Title 5000 Xxxxxxxxx Xxxxx Xxxxxxxxx Xxxxxxx ____________________________________ Residence Address ____________________________________ EXHIBIT A --------- AVANEX CORPORATION 1998 STOCK PLAN EXERCISE NOTICE Avanex Corporation 00000 Xxxxxxxxxxxx Xxxxxx XxxxxxXxxxxxx, XX 00000 NameAttention: Lxxxx Xxxxxxxxx Address: 5000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000 You have been granted a nonstatutory stock option to purchase Common Stock of the Company, subject to the terms and conditions of this Award Agreement, as follows: Grant Number TBD Date of Grant September 13, 2007 Vesting Commencement Date August 27, 2007 Exercise Price per Share $ 6.68 Total Number of Shares Granted 50,000 Total Exercise Price $ 334,000 Term/Expiration Date: September 12, 2017 Vesting Schedule: Subject to “Accelerated Vesting” as defined in a separate change of control agreement between you and Company, if applicable, this Option may be exercised, in whole or in part, in accordance with the following schedule: 25% of the Shares subject to the Option will vest twelve months after the Vesting Commencement Date, and 1/48 of the Shares subject to the Option will vest on the first day of each month thereafter, subject to you continuing to be a Service Provider as defined in the Company’s 2004 Equity Incentive Plan, through such dates.Secretary
Appears in 1 contract
Samples: Stock Option Agreement (Avanex Corp)