Number of Shares Available. The total number of shares of Common Stock which are available for granting Options hereunder shall be Seven Hundred Fifty Thousand (725,000) (subject to adjustment as provided below in Section 3.3 and in Article VIII hereof)."
Number of Shares Available. EBI acknowledges and agrees that the Company’s ability to legally offer and sell Shares of the Company’s Class A common stock may be limited by law, including without limitation state and federal securities laws. If the aggregate dollar amount of the Company’s obligation to issue and sell Shares of the Company’s Class A common stock to all of the Company’s customers in any calendar year, including the Company’s obligation under this Agreement, exceeds the aggregate dollar amount that the Company would be authorized to issue and sell under Tier II of Regulation A promulgated under the Securities Act of 1933, as amended, as such regulation may be amended from time to time, or if the Company is otherwise restricted in the number or dollar amount of shares of the Company’s Class A common stock that may be issued by the Company by applicable state or federal law, then the Company may reduce the number of Shares issuable to EBI under this Agreement proportionately with all other EquityBase Investors otherwise purchasing Shares in the applicable month. If the Company reduces the number of Shares issued and sold to EBI as described in the previous sentence, then EBI may terminate this Agreement within 30 days of the date EBI receives notice of such reduction. The Company makes no representations or warranties with respect to its ability to issue any particular number of Shares to EBI.
Number of Shares Available. The shares available (assuming all offers or options to acquire unissued shares are accepted) to Australian participants under the Stock Option Plan, plus the number of shares issued under any other equity participation plan in respect of ResMed shares of Common Stock issued to Australian employees and directors in the previous 5 years, represent less than 5% of the total number of outstanding shares of Common Stock of ResMed.
Number of Shares Available. Subject to Sections 2.2 and 18, the total number of Shares reserved and available for grant and issuance pursuant to this Plan will be Seven Million (7,000,000) Shares. In the event that any outstanding Option or other Award granted under this Plan can no longer under any circumstances be exercised, whether due to expiration, cancellation, termination, repurchase by the Company, or otherwise, or in the event that any shares purchased pursuant to this Plan are reacquired by the Company for any reason, the shares of Common Stock allocable to the unexercised portion of such Option or other Award, or the shares reacquired, as the case may be, may again be subject to grant or issuance under this Plan. At all times the Company shall reserve and keep available a sufficient number of Shares as shall be required to satisfy the requirements of all outstanding Options granted under this Plan and all other outstanding but unvested Awards granted under this Plan.
Number of Shares Available. The maximum number of Shares that may be issued under the Plan through Awards is 12,500,000 (twelve million, five hundred thousand), which includes 4,500,000 shares authorized upon approval of the Plan by the shareholders in 2001, plus 3,000,000 shares authorized in 2007, 3,000,000 shares authorized in 2011 and 2,000,000 shares authorized in 2016. Shares available under the Plan that are not awarded in one particular year may be awarded in subsequent years. Any and all Shares may be issued in respect of any of the types of Awards. The Shares to be offered under the Plan may be authorized and unissued Shares or treasury Shares. The number of Shares covered by an Award under the Plan, or to which such Award relates, shall be counted on the date of grant of such Award against the number of Shares available for granting Awards under the Plan.
Number of Shares Available. Subject to adjustment under Section 4.5, the total number of shares of Common Stock reserved and available for distribution pursuant to the exercise of Options under the Plan shall be 350,000* shares of Common Stock. Such shares may consist, in whole or in part, of authorized and unissued shares or treasury shares.
Number of Shares Available. The maximum number of Shares which may be issued under the Plan and as to which Awards may be granted is 6 percent of the Shares
Number of Shares Available. There are hereby reserved for issuance under this Plan 225,000 shares of Common Stock, no par value, which may be authorized but unissued shares, treasury shares, or shares purchased on the open market. (b)
Number of Shares Available. Subject to Section 11 hereof, the total number of Shares reserved and available for grant and issuance pursuant to this Plan will be 302,011 Shares. Subject to Sections 5.8 and 11, Shares subject to Awards previously granted will again be available for grant and issuance in connection with future Awards under this Plan to the extent such Shares: (i) cease to be subject to issuance upon exercise of an Option, other than due to exercise of such Option; (ii) are subject to an Award granted hereunder but the Shares subject to such Award are forfeited or repurchased by the Company at the original issue price; (iii) are tendered or withheld in payment of the exercise price of an Option or for withholding taxes related to an Award; or (iv) are subject to an Award that otherwise terminates without Shares being issued. At all times the Company will reserve and keep available a sufficient number of Shares as will be required to satisfy the requirements of all Awards granted and outstanding under this Plan.
Number of Shares Available. Subject to Sections 3.2 and Article 17, the total number of Shares reserved and available for grant and issuance pursuant to this Plan will be One Million Three Hundred Seventy-Five Thousand (1,375,000) Shares. No individual shall be granted, in any calendar year, Options or Restricted Stock with respect to more than Five Hundred Thousand (500,000) Shares; provided, however, that the foregoing limitation shall not apply prior to the Public Trading Date and, following the Public Trading Date, the foregoing limitation shall not apply until the earliest of: (i) the first material modification of the Plan (including any increase in the number of shares reserved for issuance under the Plan in accordance with Section 3); (ii) the issuance of all of the shares of Common Stock reserved for issuance under the Plan; (iii) the expiration of the Plan; (iv) the first meeting of stockholders at which directors of the Company are to be elected that occurs after the close of the third calendar year following the calendar year in which occurred the first registration of an equity security of the Company under Section 12 of the Exchange Act; or (v) such other date required by Section 162(m) of the Code and the rules and regulations promulgated thereunder. The foregoing limitation shall be adjusted proportionately in connection with any change in the Company's capitalization as described in Section 3.2. For purposes of this Section 3.1, if an Option is canceled in the same calendar year it was granted (other than in connection with a transaction described in Section 3.2), the canceled Option will be counted against the limit set forth in this Section 3.1. For this purpose, if the Exercise Price of an Option is reduced, the transaction shall be treated as a cancellation of the Option and the grant of a new Option. No Award may be granted if the number of shares to which such Award relates, when added to the number of shares previously issued under the Plan and the number of shares which may then be acquired pursuant to other outstanding, unexercised Awards, exceeds the number of shares available for issuance pursuant to the Plan. Subject to Sections 3.2 and Article 17, if any shares subject to an Award are forfeited or such Award is settled in cash or otherwise terminates for any reason whatsoever without an actual distribution of shares to the Participant, any shares counted against the number of shares available for issuance pursuant to the Plan with respect to such Award s...
