Common use of Option Assumption Clause in Contracts

Option Assumption. The Prior Plan Option is hereby assumed by, and will continue in effect under, the 2016 Plan in accordance with the terms of this Option Agreement. As so assumed, the Prior Plan Option is referred to herein as the “Option”. The Option shall provide the Optionee with the opportunity to purchase up to the number of “post-exchange” shares of Common Stock (the “Shares”) set forth in Exhibit A at the “post-exchange” exercise price per Share (the “Exercise Price”) set forth in Exhibit A, and on the vesting schedule set forth in Exhibit A, subject to the terms and conditions set forth herein and the provisions of the 2016 Plan and the trust agreement by and between the Trustee and the Company, as may be amended from time to time by the Company and the Trustee at their sole discretion (the “Trust Agreement”), the terms of which are incorporated herein by reference. An executed copy of the Trust Agreement has been provided to Optionee or made available for his or her review. This Option Agreement supersedes and replaces the agreement under which the Prior Plan Option was granted. Capitalized terms used but not otherwise defined in this Option Agreement shall have the meanings as set forth in the 2016 Plan. The Option will be issued to the Trustee. The Trustee will hold in trust for the benefit of the Optionee, the Option and any Shares to be issued upon exercise of the Option, and all other securities received following any exercise or realization of rights, including bonus shares, until the later to occur of: (i) the lapse of the minimum Lockup Period as required under Section 102, or (ii) the full payment of all requisite taxes by the Optionee, as determined by the Company and the Trustee, in their sole discretion.

Appears in 2 contracts

Samples: Stock Option Agreement (Motus GI Holdings, Inc.), Stock Option Agreement (Motus GI Holdings, Inc.)

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Option Assumption. The Prior Plan Option is hereby assumed by, and will continue in effect under, the 2016 Plan in accordance with the terms of this Option Agreement. As so assumed, the Prior Plan Option is referred to herein as the “Option”. The Option shall provide the Optionee with the opportunity to purchase up to the number of “post-exchange” shares of Common Stock (the “Shares”) set forth in Exhibit A at the “post-exchange” exercise price per Share (the “Exercise Price”) set forth in Exhibit A, and on the vesting schedule set forth in Exhibit A, subject to the terms and conditions set forth herein and the provisions of the 2016 Plan and the trust agreement by and between the Trustee and the Company, as may be amended from time to time by the Company and the Trustee at their sole discretion (the “Trust Agreement”), the terms of which are incorporated herein by reference. An executed copy of the Trust Agreement has been provided to Optionee or made available for his or her review. This Option Agreement supersedes and replaces the agreement under which the Prior Plan Option was granted. Capitalized terms used but not otherwise defined in this Option Agreement shall have the meanings as set forth in the 2016 Plan. The Option will be issued to the Trustee. The Trustee will hold in trust for the benefit of the Optionee, the Option and Option, any Shares to be issued upon exercise of the Option, Option and all other securities received following any exercise or realization of rights, including bonus shares, until the later to occur of: (i) the lapse of the minimum Lockup Period as required under Section 102, or (ii) the full payment of all requisite taxes by the Optionee, as determined by the Company and the Trustee, in their sole discretion.

Appears in 2 contracts

Samples: Stock Option Agreement (Motus GI Holdings, Inc.), Stock Option Agreement (Motus GI Holdings, Inc.)

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