Option Amendment. The Option may be amended by the Board of the Company or by the Committee at any time (a) if the Board or the Committee determines, in its sole discretion, that amendment is necessary or advisable in light of any addition to or change in any federal or state, tax or securities law or other law or regulation, which change occurs after the Grant Date and by its terms applies to the Option; or (b) other than in the circumstances described in clause (a) or provided in the Plan, with your consent. The foregoing notwithstanding, the Committee may, in its sole discretion, cancel the Option at any time prior to your exercise of the Option if, in the opinion of the Committee, you engage in activities contrary to the interests of the Company.
Option Amendment. OBJ, MGG and Holder hereby agree that:
a. In all instances in the Option Agreement where reference is made to Membership Interests of MGG, defined therein as “Units” such references to Units are hereby amended and replaced with shares of common stock of OBJ, defined as “Shares”.
b. Except in relation to references to “the Company” in the context of employment matters under the Option Agreement and in relation to Section 3 regarding a “Change in Control”, all other references to “the Company” shall be amended to refer to OBJ in place of MGG, including but not limited to, references to “the Company” in relation to the manner of exercise under Section 4 and the payment of the exercise price. For greater certainty, notice of exercise shall be given to the Secretary of OBJ on form provided by OBJ and payment of the exercise price shall be to OBJ.
c. Section 10 is amended to provide that the Option Agreement is to be governed and construed in accordance with the laws of the State of Florida.
d. Section 11 is added to the Option Agreement as follows:
Option Amendment. BARRA, GAT and Yamaichi shall have executed and delivered the Option Amendment.
Option Amendment. The Option is a nonstatutory option which does not currently permit net-exercise at this time. The Board of Directors of the Company (the “Board”) has agreed to amend the Participant’s outstanding Option to permit net-exercise at this time.
Option Amendment. Subject to Section 2 below and contingent upon your continued employment with the Company through the date of the Signing (the “Signing Date”), any and all unvested Options issued and outstanding to you as of the Signing Date that will not by their terms vest in connection with the IPO will automatically vest and, notwithstanding anything to the contrary in the applicable Award Agreement, if your service with the Company terminates for any reason, each of your Options shall remain exercisable following your Date of Termination (as defined in the applicable Award Agreement) for the period set forth in the applicable Award Agreement or, if longer, the Extended Post-Termination Exercise Period. For purposes of this letter agreement, the “Extended Post-Termination Exercise Period” means the date that is six (6) months following such second anniversary of the effective date of the IPO; provided, that, if such date falls during a blackout period, the exercise period will be extended until date that is thirty (30) days following the commencement of the Company’s next open trading window.
Option Amendment. The Option may be amended by the Board of the Company or by the Committee at any time, in its sole discretion, in the event that the Board determines that any changes in law, rule or regulation require such amendment, provided that such amendment is not materially detrimental to Optionee. Any other amendment of this Option shall require the execution by each of the Company and Optionee of a written amendment agreement.
Option Amendment. The Company hereby amends your Performance Option to provide that the Performance Option will remain outstanding after your termination of employment for any reason other than Cause (as defined in the Performance Option) until October 9, 2020 (the “Outside Date” and such period, the “Option Continuation Period”). During the Option Continuation Period, your option will remain eligible to vest pursuant to the original performance vesting terms, whether you or not employed at the time of any achievement, provided the Board will make proportional adjustment to the $10.00 and $2.50 share prices to reflect any stock split, reverse stock split or similar change in capitalization. If the Performance Option does not meet the applicable performance vesting criteria on or prior to the Outside Date, it shall be forfeited in its entirety. In the event the Performance Option achieves the performance criteria on or prior to the Outside Date, it shall remain exercisable until the second anniversary of the termination of your employment (but no later than the original expiration date of the Performance Option).
Option Amendment. On or prior to the Closing, all of the employees of Mint at the Closing Date who have been granted options shall have consented to amendment of their option agreement letter in substantially the form attached hereto as Exhibit E.
Option Amendment. If Tenant is entitled to and properly exercises the Option to Extend, Landlord shall prepare an amendment (the “Extension Amendment”) to reflect changes to the Lease Term and other appropriate terms. Tenant shall execute (or make good faith comments to) and return the Extension Amendment to Landlord within fifteen (15) business days after Tenant’s receipt of same, but an otherwise valid exercise of the applicable Extension Option shall be fully effective regardless of whether the Extension Amendment is actually executed.
