Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 145 contracts
Samples: Executive Employment Agreement (JFB Construction Holdings), Executive Employment Agreement (JFB Construction Holdings), Stock Option Agreement (Gatc Health Corp)
Optionee’s Representations. In the event If the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 16 contracts
Samples: Stock Option Agreement, Stock Option Agreement (Sagimet Biosciences Inc.), Stock Option Agreement (Airxpanders Inc)
Optionee’s Representations. In the event If the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, or any applicable state laws at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B and shall make such other written representations as are deemed necessary or appropriate by the Company and/or its counsel.
Appears in 16 contracts
Samples: Non Qualified Stock Option Agreement (Black Ridge Oil & Gas, Inc.), Incentive Stock Option Agreement (Black Ridge Oil & Gas, Inc.), Stock Option Agreement (Envision Solar International, Inc.)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 13 contracts
Samples: Stock Option Agreement (Peregrine Semiconductor Corp), Stock Option Agreement (Synplicity Inc), Employment Agreement (Hypertension Diagnostics Inc /Mn)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 12 contracts
Samples: Stock Option Agreement (Avenue Therapeutics, Inc.), Stock Option Agreement (Advanced Environmental Petroleum Producers Inc.), Employee Rollover Stock Option Agreement (Anvilire)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.------- B. -
Appears in 12 contracts
Samples: Stock Option Agreement (Ondisplay Inc), Stock Option Agreement (Microtune Inc), Stock Option Agreement (Numerical Technologies Inc)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 11 contracts
Samples: Stock Option Agreement (Mavenir Systems Inc), Stock Option Agreement (Mavenir Systems Inc), Stock Option Agreement (Mavenir Systems Inc)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B, and shall read the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement.
Appears in 10 contracts
Samples: Stock Option Agreement (BioCardia, Inc.), Stock Option Agreement (Kinemed Inc), Stock Option Agreement (GCT Semiconductor Inc)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement an investment representation statement in a form satisfactory to the form attached hereto as Exhibit B.Company.
Appears in 10 contracts
Samples: Stock Option Agreement (iBio, Inc.), Stock Option Agreement (Vocus, Inc.), Stock Option Agreement (Kona Grill Inc)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit EXHIBIT B.
Appears in 10 contracts
Samples: Stock Option Agreement (Avanex Corp), Stock Option Agreement (Zapme Corp), Stock Option Agreement (Zapme Corp)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B, and shall read the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement.
Appears in 9 contracts
Samples: Stock Option Agreement (Omnivision Technologies Inc), Stock Option Agreement (Finisar Corp), Stock Option Agreement (Cisco Systems Inc)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 9 contracts
Samples: Stock Option Agreement (Avanex Corp), Stock Option Agreement (Avanex Corp), Stock Option Agreement (Digital Island Inc)
Optionee’s Representations. In the event the Shares purchasable -------------------------- pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 9 contracts
Samples: Non Statutory Stock Option Agreement (Genesys Telecommunications Laboratories Inc), Stock Option Agreement (Xoom Inc), Stock Option Agreement (Xoom Inc)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.A.
Appears in 7 contracts
Samples: Stock Option Agreement (Solectron Corp), Non Statutory Stock Option Agreement (Olympic Financial LTD), Non Statutory Stock Option Agreement (Olympic Financial LTD)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended ("Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.A.
Appears in 7 contracts
Samples: Nonqualified Stock Option Agreement (Edison Controls Corp), Nonqualified Stock Option Agreement (Edison Controls Corp), Nonqualified Stock Option Agreement (Edison Controls Corp)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 7 contracts
Samples: Stock Option Agreement (Home Solutions of America Inc), Stock Option Agreement (Home Solutions of America Inc), Stock Option Agreement (Home Solutions of America Inc)
Optionee’s Representations. In the event that the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.satisfactory to the Company.
Appears in 7 contracts
Samples: Non Qualified Stock Option Agreement (American Fire Retardant Corp), Non Qualified Stock Option Agreement (American Fire Retardant Corp), Non Qualified Stock Option Agreement (American Fire Retardant Corp)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B, and shall read the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement.
Appears in 6 contracts
Samples: Non Plan Stock Option Agreement (Evolve Software Inc), Stock Option Agreement (Digital Insight Corp), Stock Option Agreement (Digital Insight Corp)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her its Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 6 contracts
Samples: Stock Option Agreement (Medimmune Inc /De), Stock Option Agreement (Cirrus Logic Inc), Stock Option Agreement (Cirrus Logic Inc)
Optionee’s Representations. In the event that the Company’s issuance of the Shares have purchasable pursuant to the exercise of this Option has not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto to this Agreement as Exhibit B.A or in such other form as the Company may request.
Appears in 6 contracts
Samples: Non Qualified Stock Option Agreement (Lifelock, Inc.), Non Qualified Stock Option Agreement (Integrity Applications, Inc.), Non Qualified Stock Option Agreement (American Defense Systems Inc)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.------- B. - 4.
Appears in 4 contracts
Samples: Stock Option Agreement (Ondisplay Inc), Stock Option Agreement (Numerical Technologies Inc), Stock Option Agreement (Numerical Technologies Inc)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B. ---------
Appears in 4 contracts
Samples: Stock Option Agreement (Microtune Inc), Stock Option Agreement (Multex Com Inc), Stock Option Agreement (Rational Software Corp)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement an investment representation statement in a form reasonably required by the form attached hereto as Exhibit B.Company.
Appears in 4 contracts
Samples: Stock Option Agreement (Heritage Commerce Corp), Stock Option Agreement (Heritage Commerce Corp), Stock Option Agreement (Mossimo Inc)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.C.
Appears in 4 contracts
Samples: Stock Option Agreement (Fluidigm Corp), Stock Option Agreement (Fluidigm Corp), Stock Option Agreement (Energy & Power Solutions, Inc.)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the CompanyCorporation, the Optionee shall deliver to the Corporation, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 3 contracts
Samples: Employment Agreement (Abakan, Inc), Stock Option Agreement (Maz Maria Camila), Stock Option Agreement (Maz Maria Camila)
Optionee’s Representations. In If, at the event time the Option is exercised, the issuance of Shares have upon exercise of the Option has not been registered pursuant to an effective registration statement under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, then concurrently with the exercise of all or any portion of this the Option, Optionee shall deliver to the Company his or her a signed Investment Representation Statement Letter in the form of Exhibit C attached hereto as Exhibit B.hereto.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (Opentv Corp), Incentive Stock Option Agreement (Opentv Corp), Non Qualified Stock Option Agreement (Opentv Corp)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in such investment representations as may be reasonably required by the form attached hereto as Exhibit B.Company.
Appears in 3 contracts
Samples: Stock Option Agreement (Dave & Buster's Holdings, Inc.), Stock Option Agreement (Dave & Buster's Holdings, Inc.), Stock Option Agreement (Dave & Buster's Holdings, Inc.)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her an Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 3 contracts
Samples: Vice President Employment Agreement, Vice President Employment Agreement (Globus Medical Inc), Vice President Employment Agreement (Globus Medical Inc)
Optionee’s Representations. In the event that the Company’s issuance of the Shares have purchasable pursuant to the exercise of this Option has not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, shall concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto to this Agreement as Exhibit B.A or in such other form as the Company may request.
Appears in 3 contracts
Samples: Non Qualified Option Agreement (Smith Electric Vehicles Corp.), Non Qualified Option Agreement (Smith Electric Vehicles Corp.), Non Qualified Option Agreement (Smith Electric Vehicles Corp.)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 3 contracts
Samples: Stock Option Agreement (Network Cn Inc), Stock Option Agreement (Network Cn Inc), Stock Option Agreement (Network Cn Inc)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of the Option have not been registered under the Securities Act Action of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her the Optionee’s Investment Representation Statement in such form as may be required in the form attached hereto as Exhibit B.opinion of the Company’s legal counsel to comply with applicable state and federal securities laws.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Nautilus Group Inc), Nonstatutory Stock Option Agreement (Nautilus Group Inc)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her an Investment Representation Statement in a form satisfactory to the form attached hereto as Exhibit B.Company.
Appears in 2 contracts
Samples: Stock Option Agreement (Foldera, Inc), Stock Option Agreement (Foldera, Inc)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement an investment representation statement in a form acceptable to the form attached hereto as Exhibit B.Company.
Appears in 2 contracts
Samples: Nonqualified Stock Option Agreement (Quintiles Transnational Holdings Inc.), Nonqualified Stock Option Agreement (Quintiles Transnational Holdings Inc.)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shallwill, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 2 contracts
Samples: Stock Option Agreement (Mavenir Systems Inc), Stock Option Agreement (Mavenir Systems Inc)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 2 contracts
Samples: Consulting Agreement (Answers CORP), Stock Option Agreement (Gurunet Corp)
Optionee’s Representations. In the event this Option and the Shares -------------------------- purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement an investment representation statement in the form attached hereto as Exhibit B.customary form, a copy of which is available for Optionee's review from the Company upon request.
Appears in 2 contracts
Samples: Employment Agreement (Applied Micro Circuits Corp), Employment Agreement (Applied Micro Circuits Corp)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B and shall read the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement.
Appears in 2 contracts
Samples: Stock Option Agreement (Eyeonics Inc), Stock Option Agreement (Xenoport Inc)
Optionee’s Representations. In If the event issuance of the Shares have is not been registered under the Securities Act of 1933, as amended, 1933 (“Securities Act”) at the time this Option is exercised, then the Optionee shall, if required requested by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 2 contracts
Samples: Stock Option Agreement (Overhill Farms Inc), Stock Option Agreement (Overhill Farms Inc)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.A-2. -----------
Appears in 2 contracts
Samples: Stock Option Agreement (Software Com Inc), Stock Option Agreement (Openwave Systems Inc)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her an Investment Representation Statement in the form attached hereto as Exhibit B.provided by the Company.
Appears in 2 contracts
Samples: Stock Option Agreement (Autodesk Inc), Stock Option Agreement (Metatools Inc)
Optionee’s Representations. In the event this Option and the Shares -------------------------- purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, Company concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement an investment representation statement in the form attached hereto as Exhibit B.customary form, a copy of which is available for Optionee's review from the Company upon request.
Appears in 2 contracts
Samples: Employment Agreement (Applied Micro Circuits Corp), Employment Agreement (Applied Micro Circuits Corp)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.acceptable to the Company.
Appears in 2 contracts
Samples: Stock Option Agreement (Altera Corp), Stock Option Agreement (Altera Corp)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.provided by the Company.
Appears in 2 contracts
Samples: Stock Option Agreement (Treace Medical Concepts, Inc.), Stock Option Agreement (Treace Medical Concepts, Inc.)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, (the “Securities Act”) at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.C.
Appears in 2 contracts
Samples: Stock Option Agreement (Yodlee Inc), Stock Option Agreement (Yodlee Inc)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement investment representations as set forth in Section 4 of the form Exercise Notice attached hereto as Exhibit B.A.
Appears in 2 contracts
Samples: Stock Option Agreement (Synplicity Inc), Stock Option Agreement (Avistar Communications Corp)
Optionee’s Representations. In If the event Option Shares purchasable pursuant to the Shares exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement investment representation statement in the form attached hereto as Exhibit B.customarily used by the Company.
Appears in 2 contracts
Samples: Stock Option Agreement (American Oil & Gas Inc), Stock Option Agreement (American Oil & Gas Inc)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amendedamended (the "SECURITIES ACT"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 2 contracts
Samples: Stock Option Agreement (Nextgen Communications Corp), Stock Option Agreement (Nextgen Communications Corp)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this an Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this an Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 2 contracts
Samples: Executive Employment Agreement (Imarx Therapeutics Inc), Executive Employment Agreement (Imarx Therapeutics Inc)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement an investment representation statement in customary form, a copy of which is available for Optionee’s review from the form attached hereto as Exhibit B.Company upon request.
Appears in 2 contracts
Samples: Stock Option Agreement (Brio Software Inc), Stock Option Agreement (Brio Software Inc)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B. ---------
Appears in 2 contracts
Samples: Stock Option Agreement (Occam Networks Inc/De), Stock Option Agreement (Occam Networks Inc/De)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B. 5.
Appears in 2 contracts
Samples: Stand Alone Stock Option Agreement (Rational Software Corp), Stand Alone Stock Option Agreement (Rational Software Corp)
Optionee’s Representations. In the event that the Shares purchasable pursuant to the exercise of this option have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Optionoption, execute and deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.C.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Vcampus Corp), Incentive Stock Option Agreement (Vcampus Corp)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option (the "Option Shares") have not been or do not continue to be registered under the Securities Act of 1933, as amended, at as a condition to the time exercise of this Option is exercisedOption, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in such investment representations as the form attached hereto as Exhibit B.Company may require.
Appears in 2 contracts
Samples: Non Statutory Stock Option Agreement (United Shipping & Technology Inc), Non Statutory Stock Option Agreement (United Shipping & Technology Inc)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit ------- B.
Appears in 2 contracts
Samples: Stock Option Agreement (Ondisplay Inc), Stock Option Agreement (Numerical Technologies Inc)
Optionee’s Representations. In the event the Shares purchasable pursuant -------------------------- to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.C.
Appears in 2 contracts
Samples: Employment Agreement (Crossworlds Software Inc), Employment Agreement (Crossworlds Software Inc)
Optionee’s Representations. In the event the Shares have not been registered under the U.S. Securities Act of 1933, as amendedamended (the “Securities Act”), and the Company shall have effected an initial public offering of its securities under the Securities Act at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 2 contracts
Samples: Stock Option Agreement (Cisco Systems Inc), Option Agreement (Cisco Systems Inc)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.------- B. --
Appears in 2 contracts
Samples: Stock Option Agreement (Numerical Technologies Inc), Stock Option Agreement (Numerical Technologies Inc)
Optionee’s Representations. In the event the Shares have Optioned Stock has not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B. In the event of an underwritten public offering of the Common Stock, or other securities, of the Company, the following provisions will apply:
Appears in 2 contracts
Samples: Stock Option Agreement (Idaho General Mines Inc), Stock Option Agreement (Idaho General Mines Inc)
Optionee’s Representations. In the event that the Shares purchasable pursuant to the exercise of this option have not been registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Optionoption, execute and deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.D3.
Appears in 1 contract
Samples: Employment Agreement (Vcampus Corp)
Optionee’s Representations. In the event the Shares have not been --------------------------- registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in such investment representations as the form attached hereto as Exhibit B.Company may require.
Appears in 1 contract
Samples: Stock Option Agreement (American Nortel Communications Inc)
Optionee’s Representations. In the event the Shares purchasable -------------------------- pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B. ---------
Appears in 1 contract
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.Exhibit-B. ---------
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Optionee’s Representations. In the event the Shares purchasable -------------------------- pursuant to the exercise of this Agreement have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B (the "Investment Representation Statement").
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Optionee’s Representations. In the event the sale of the Shares have may not been registered be made pursuant to an effective registration statement under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
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Optionee’s Representations. Optionee has delivered to the Company a Subscription Agreement in the form attached hereto as Exhibit B. In the event the Shares have not been registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.C.
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Optionee’s Representations. In the event the Shares purchasable -------------------------- pursuant to the exercise of this Option have not been or do not continue to be registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, as a condition to and concurrently with the exercise of all or any portion of this Option, Optionee shall deliver to the Company his such warranties or her Investment Representation Statement in investment representations as the form attached hereto as Exhibit B.Company may require.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Velocity Express Corp)
Optionee’s Representations. In If the event Option Shares purchasable pursuant to the Shares exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required requested by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
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Optionee’s Representations. In the event that the underlying Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.D.
Appears in 1 contract
Samples: Us Option Agreement (Lemonade, Inc.)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.------- B. - 5.
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Optionee’s Representations. In the event the Shares have not been --------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.------- B. -
Appears in 1 contract
Samples: Stock Option Agreement (Upgrade International Corp /Fl/)
Optionee’s Representations. In the event If the Shares purchasable pursuant to the exercise of this Option have not been registered under the U.S. Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in investment representations as required by the form attached hereto as Exhibit B.Company.
Appears in 1 contract
Samples: Stock Option Agreement (Vimicro International CORP)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement an investment representation statement in a form satisfactory to the form attached hereto as Exhibit B.Company.
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Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.C to the Exercise Notice.
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Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), and the Company shall have effected an initial public offering of its securities under the Securities Act at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
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Optionee’s Representations. In If the event Option Shares purchasable pursuant to the Shares exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
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Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Optionoption, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
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Samples: Stock Option Agreement (Avanex Corp)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 1 contract
Samples: Stock Option Agreement (Ariba Inc)
Optionee’s Representations. In the event the Shares purchasable -------------------------- pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this -------------- Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement an investment representation statement in customary form, a copy of which is available for Optionee's review from the form attached hereto as Exhibit B.Company upon request.
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Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if --------------- required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement an investment representation statement in customary form, a copy of which is available for Optionee's review from the form attached hereto as Exhibit B.Company upon request.
Appears in 1 contract
Samples: Stock Option Agreement (Vertel Corp)
Optionee’s Representations. In the event this Option and the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the "33 Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 1 contract
Samples: Nonstatutory Stock Option Agreement (Lightspan Partnership Inc)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B [and shall read the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement].
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Optionee’s Representations. In the event If the Shares purchasable pursuant to the -------------------------- exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
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Optionee’s Representations. In the event this Option and the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the "1933 Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.C.
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Samples: Nonstatutory Stock Option Agreement (Lightspan Partnership Inc)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
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Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her an “Investment Representation Statement Statement” in the form attached hereto as Exhibit B.
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Samples: Option Agreement (Vringo Inc)
Optionee’s Representations. In If, at the event time the Option is exercised, the issuance of Shares have upon exercise of the Option has not been registered pursuant to an effective registration statement under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, then concurrently with the exercise of all or any portion of this the Option, Optionee shall deliver to the Company his or her Corporation a signed Investment Representation Statement Letter in the form of Exhibit C attached hereto as Exhibit B.hereto.
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Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit EXHIBIT B.
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Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or of any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B, and shall read the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement.
Appears in 1 contract
Samples: Stock Option Agreement (Superconductor Technologies Inc)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, Option deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B, and shall read the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement.
Appears in 1 contract
Samples: Stock Option Agreement (Omnivision Technologies Inc)
Optionee’s Representations. In the event the Shares have not been -------------------------- registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B. ---------
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Optionee’s Representations. In the event If the Shares purchasable pursuant to the -------------------------- exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B. ---------
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Optionee’s Representations. In the event the Shares purchasable -------------------------- pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement an investment representation statement in customary form, a copy of which is available for Optionee's review from the form attached hereto as Exhibit B.Company upon request.
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Optionee’s Representations. In the event the Shares have not -------------------------- been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B and shall read the applicable rules of the Commissioner of --------- Corporations attached to such Investment Representation Statement.
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Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
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Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.B. 4.
Appears in 1 contract
Samples: Stock Option Agreement (Energy Vault Holdings, Inc.)
Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, 3 deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
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Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended, at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.3.
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Optionee’s Representations. In the event the Shares have not been registered under the Securities Act of 1933, as amendedamended (the “Securities Act”), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.A.
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Optionee’s Representations. In the event the Shares have not been registered under the U.S. Securities Act of 1933, as amendedamended (the "Securities Act"), at the time this Option is exercised, the Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.A-2.
Appears in 1 contract
Samples: Stock Option Agreement (Zindart LTD)
Optionee’s Representations. In If the event issuance of the Shares have is not been registered under the Securities Act of 1933, as amended, 1933 ("Securities Act") at the time this Option is exercised, then the Optionee shall, if required requested by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.
Appears in 1 contract
Samples: Stock Option Agreement (Pacific Energy Resources LTD)