Option Terms and Conditions. Except as provided above, the terms and conditions applicable to the New EWS Options and the SNI Options shall be substantially similar to the terms and conditions applicable to the corresponding Old EWS Option, including the terms and conditions relating to vesting, the post-termination exercise period, and the applicable exercise and tax withholding methods (as set forth in the applicable plan, award agreement or in the holder’s then applicable employment agreement). The SNI Options shall be issued under and governed by the terms of the SNI Share Plan. The SNI Share Plan shall provide that for purposes of the SNI Options held by EWS Employees, continued service with the EWS Group from and after the Distribution Date shall be deemed to constitute service with SNI.
Option Terms and Conditions. The Option shall become immediately exercisable upon the execution of this Agreement. The Option shall expire on the tenth anniversary date of the date hereof.
Option Terms and Conditions. The date of grant, the maximum number of Shares the Option entitles the Optionee to purchase, whether the Option is intended to qualify as an Incentive Stock Option (“ISO”) or as a non-incentive stock option (“non-ISO”), the Option expiration date, the Option exercise price per Share and the date or dates on which the Option will vest (i.e., will become first exercisable) are as set forth on Exhibit A.
Option Terms and Conditions. Exercise of the Option shall be governed by the following:
a. If the MLP desires to exercise the Option, it shall notify Quicksilver (the “Option Notice”) of such desire. The Option Notice shall include:
i. the MLP’s proposed purchase price for the Option Assets, which shall not be less than the MLP’s good faith estimate of the fair market value of the Option Assets (the “Purchase Price”); and
ii. the form of a definitive agreement, containing commercially reasonable terms, to effectuate the purchase and sale of the Option Assets (the “PSA”).
b. As soon as practicable, but in any event within 30 days after receipt of the Option Notice, Quicksilver shall notify the MLP (the “Option Response”) whether Quicksilver agrees with the proposed Purchase Price and PSA.
c. If Quicksilver agrees with the proposed Purchase Price and the PSA, the MLP and all applicable Quicksilver Entities and Partnership Entities shall, as soon as commercially reasonable, execute the PSA and proceed to close the sale of the Option Assets.
d. If Quicksilver and the MLP are unable to agree on either the Purchase Price or the terms and conditions of the PSA within 30 days after the MLP’s receipt of the Option Response, Quicksilver and the MLP shall engage a mutually acceptable independent banking firm or other independent Person that is an expert in valuing midstream assets like the Option Assets (the “Option Assets Valuation Expert”). Quicksilver and the MLP shall each bear ½ of the costs and expenses associated with the engagement and employment of the Option Assets Valuation Expert. The Option Assets Valuation Expert shall determine, to the extent that the Parties are unable to agree: i. the fair market value of the Option Assets, which shall be their Purchase Price; and ii. commercially reasonable terms and conditions of the PSA. The Option Assets Valuation Expert shall provide his final determination within 30 days of being engaged by Quicksilver and the MLP. The Option Assets Valuation Expert’s determination regarding the Purchase Price and PSA shall be final and binding upon the Parties. As soon as practicable after such determination, the MLP shall: i. execute the PSA along with the other Parties and proceed Option, Right of First Refusal, and Waiver in Amendment to Omnibus Agreement and Gas Gathering and Processing Agreement to close the sale of the Option Assets; or ii. should the MLP fail to execute the PSA within 10 days of the Option Assets Valuation Expert’s determination, t...
Option Terms and Conditions. Any capitalized term that is not defined in this Agreement shall have the meaning set forth in the Plan as it currently exists or as it is amended in the future.
Option Terms and Conditions. 1.1 The Option Issuer hereby grants to the Option Holder the right (an option) to purchase the Shares from the Option Issuer for a consideration which for each Company share corresponds to 1.1 newly issued shares in the Option Holder (the “Consideration Shares”). If the Option Holder exercises its right to purchase the Shares and during a nine month period from the commencement of payment of consideration under the Offer increases the purchase price or if any additional or other consideration or compensation is paid for any shares issued by the Company other than pursuant to compulsory acquisition proceedings under Swedish law, the Option Holder shall pay to the Option Issuer an additional consideration per Share equal to such increase per Company share.
1.2 The right (an option) conferred upon the Option Holder to purchase the Shares from the Option Issuer set out in section 1.1 above is subject to (i) that the recommendation by the board of directors of the Company that the shareholders of the Company accept the Offer has not been withdrawn or materially adversely modified prior to the public announcement by the Option Holder that the Offer is implemented and (ii) that the Option Holder implements the Offer and that the implementation is carried out by a public announcement no later than June 30, 2004.
1.3 The Option Holder shall be entitled to exercise its right to purchase the Shares from the Option Issuer by written notice to the Option Issuer in the period commencing after the expiration of the initial application period of the Offer and ending before the public announcement is made by the Option Holder that the Offer is implemented, whereupon (i) the Option Issuer shall as soon as possible thereafter deliver the Shares to the Option Holder in accordance with the instructions of the Option Holder, and (ii) the Option Holder shall deliver to the Option Issuer the Consideration Shares in accordance with the instructions of the Option Issuer. The ownership to the Shares shall be transferred from the Option Issuer to the Option Holder upon delivery by the Option Holder to the Option Issuer of the Consideration Shares. An exercise of the right (an option) to purchase the Shares shall cover all and not less than all of the Shares.
1.4 The granting of the right (an option) to purchase the Shares and the other undertakings by the Option Issuer set out in this section 1 shall become effective only if the Option Holder makes and announces the Offer, in the for...
Option Terms and Conditions. Lessee shall have three (3) five (5) year options to extend this Lease beyond the expiration date provided in Subsection 2.1 on the following terms and conditions: As long as Lessee is not in default of any of the terms and conditions of this Lease, Lessee may extend the term of this Lease for a total period of fifteen (15) years, with the extended term to begin on the day following the expiration date of the lease term specified in Subsection 2.1. However, if at the date of expiration of the original term, Lessee is in default beyond any grace period provided in this Lease in the performance of any of the terms or provisions of this Lease, this option shall be null and void. All the terms, covenants and provisions of the original lease term shall apply to all extended lease terms. Lessee may exercise the option to extend this Lease by giving Lessor notice of its intention to do so not later than three (3) months prior to the expiration of the Lease Term. To constitute effective notice of an intention to exercise an option under this Lease, the notice must be sent by certified mail or registered mail to Lessor at the address provided on page one of this Lease or hand delivered.
Option Terms and Conditions. The Premium Amount for any Option granted hereunder shall be paid by the Holder of such Option to the Grantor two Business Days after the date such Option is entered into.
Option Terms and Conditions. The terms and conditions of options granted under the Nonqualified Plan may differ from one another as the Program Administrators shall in their discretion determine as long as all options granted under the Nonqualified Plan satisfy the requirements of the Nonqualified Plan.
Option Terms and Conditions
