Optionee’s Representations. If the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act"), at the time this Option is exercised, 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 5 contracts
Samples: Stock Option Agreement (Interchange Corp), Stock Option Agreement (Interchange Corp), Stock Option Agreement (Interchange Corp)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 5 contracts
Samples: Stock Option Agreement (Cadence Design Systems Inc), Stock Option Agreement (Symantec Corp), Stock Option Agreement (Ribogene Inc / Ca/)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 provided by the Company, and shall read the applicable rules of the Commissioner of Corporations attached hereto as Exhibit B.to such Investment Representation Statement.
Appears in 4 contracts
Samples: Stock Option Agreement (Spectrian Corp /Ca/), Stock Option Agreement (Spectrian Corp /Ca/), Stock Option Agreement (Spectrian Corp /Ca/)
Optionee’s Representations. If 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 (the "Securities 1933 Act"), at the time this Option is exercised, 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 4 contracts
Samples: Stock Option Agreement (Flanders Corp), Stock Option Agreement (Flanders Corp), Stock Option Agreement (Evans & Sutherland Computer Corp)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 4 contracts
Samples: Stock Option Agreement (Pointcast Inc), Stock Option Agreement (Talk City Inc), Stock Option Agreement (Cabletron Systems Inc)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 (Spectrx Inc), Stock Option Agreement (HNC Software Inc/De), Non Qualified Stock Option Agreement (Silicon Laboratories Inc)
Optionee’s Representations. If 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 (the "Securities Act"), at the time this Option is exercised, 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". As a condition to the exercise of this Option, the Company may require Optionee to make any representation and warranty to the Company as may be required by any applicable law or regulation.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (Equifin Inc), Non Qualified Stock Option Agreement (Equifin Inc), Non Qualified Stock Option Agreement (Equifin Inc)
Optionee’s Representations. If 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 (the "Securities Act")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, and shall read the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement.
Appears in 3 contracts
Samples: Stock Option Agreement (Idealab), Stock Option Agreement (Netzero Inc), Stock Option Agreement (Idealab)
Optionee’s Representations. If In the Shares event the shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act")amended, at the time this Option is exercised, 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 of Exhibit B, (available in Employee Stock Services) and shall read the applicable rules of the Commissioner of Corporations attached hereto as Exhibit B.to such Investment Representation Statement.
Appears in 3 contracts
Samples: Non Statutory Stock Option Grant Agreement (Silicon Graphics Inc), Non Statutory Stock Option Grant Agreement (Silicon Graphics Inc), Incentive Stock Option Grant Agreement (Silicon Graphics Inc)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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.reasonably required by the Company.
Appears in 2 contracts
Samples: Non Statutory Stock Option Agreement (Arcadia Financial LTD), Non Statutory Stock Option Agreement (Arcadia Financial LTD)
Optionee’s Representations. If In the event the Shares purchasable pursuant to the exercise of this the Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act")amended, at the time this Option is exercised, 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 (Direct Focus Inc), Nonstatutory Stock Option Agreement (Direct Focus Inc)
Optionee’s Representations. If In the event the Company's issuance of the Shares purchasable pursuant to the exercise of this Option have has not been registered under the Securities Act of 1933, as amended (the "Securities Act")amended, at the time this Option is exercised, 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 the form attached hereto as Exhibit B.Company may request.
Appears in 2 contracts
Samples: Stock Option Agreement (Netcreations Inc), Stock Option Agreement (Netcreations Inc)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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: Incentive Stock Option Agreement (Finisar Corp), Stock Option Agreement (Megatest Corp)
Optionee’s Representations. If the issuance of the Shares purchasable pursuant to the exercise of this Option have is not been registered under the Securities Act of 1933, as amended 1933 (the "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 EXHIBIT B.
Appears in 2 contracts
Samples: Stock Option Agreement (Overhill Farms Inc), Stock Option Agreement (Overhill Farms Inc)
Optionee’s Representations. If 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 (the "Securities Act"), at the time this Option is exercised, 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 2 contracts
Samples: Incentive Stock Option Agreement (Intersystems Inc /De/), Non Qualified Stock Option Agreement (Intersystems Inc /De/)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 executed Employee Restricted Stock Agreement in the form attached hereto as Exhibit B.A. ---------
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Balance Bar Co), Incentive Stock Option Agreement (Balance Bar Co)
Optionee’s Representations. If 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 (the "Securities Act"), at the time this Option is exercised, 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 (Angiotech Pharmaceuticals Inc)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, Optionee shall, if required by upon the Company's request, 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."A".
Appears in 1 contract
Samples: Nonstatutory Stock Option Agreement (New Stat Healthcare Inc)
Optionee’s Representations. If In the event the Shares purchasable which may be purchased pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act"), at the time this Option is exercised, Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company a statement representing his or her Investment Representation Statement intent to invest in the Company in such form attached hereto as Exhibit B.the Company in its sole discretion may provide.
Appears in 1 contract
Samples: Incentive and Non Qualified Stock Option Agreement (Cryenco Sciences Inc)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 in the form attached hereto as Exhibit B.A, and shall read the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement, if any.
Appears in 1 contract
Samples: Stock Option Agreement (Accuimage Diagnostics Corp)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 or its Investment Representation Statement in the form attached hereto as Exhibit EXHIBIT B.
Appears in 1 contract
Samples: Stock Option Agreement (Millendo Therapeutics, Inc.)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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
Optionee’s Representations. If the Shares purchasable pursuant to the exercise of this Option 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 EXHIBIT B.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Advanced Materials Group Inc)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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.Statement.
Appears in 1 contract
Samples: Stock Option Agreement (Adaptec Inc)
Optionee’s Representations. If 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 (the "Securities Act"), at the time this Option is exercised, and such registration is required for the Optionee to effect the sale or transfer of such Shares, 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.Annex "A".
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Ameripath Inc)
Optionee’s Representations. If In the event the Common Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended 1933 (the "Securities Act"), as amended, at the time this Option is exercised, Optionee shall, if required by the Company, concurrently concurrent 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.requested by the Company.
Appears in 1 contract
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company SGI his or her Investment Representation Statement in the form of Exhibit B, (available in Employee Stock Services) and shall read the applicable rules of the Commissioner of Corporations attached hereto as Exhibit B.to such Investment Representation Statement.
Appears in 1 contract
Samples: Non Statutory Stock Option Grant Agreement (Silicon Graphics Inc)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 executed Restricted Stock Agreement in the form attached hereto as Exhibit B.A.
Appears in 1 contract
Samples: Nonstatutory Stock Option Agreement (Star Telecommunications Inc)
Optionee’s Representations. If 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 (the "Securities Act"), at the time this Option is exercised, 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: Stock Option Agreement (Avenue Entertainment Group Inc /De/)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 1 contract
Samples: Stock Option Agreement (Seagate Software Information Management Group Holdings Inc)
Optionee’s Representations. If 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 (the "Securities 1933 Act"), at the time this Option is exercised, 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. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 and, if applicable, shall review the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement.
Appears in 1 contract
Optionee’s Representations. If the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities ActSECURITIES 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 EXHIBIT B.
Appears in 1 contract
Samples: Stock Option Agreement (Raptor Networks Technology Inc)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 1 contract
Samples: Stock Option Plan (Seagate Software Information Management Group Holdings Inc)
Optionee’s Representations. If 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 (the "Securities Act")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 [and shall read the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement].
Appears in 1 contract
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 separate investment representation statement.
Appears in 1 contract
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this the 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
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 A.
Appears in 1 contract
Samples: Master Agreement (Sonoma Systems)
Optionee’s Representations. If In the event the Shares purchasable pursuant to the exercise of this the Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act")amended, at the time this the Option is exercised, Optionee shall, if required by the Company, concurrently with the exercise of or all or any portion of this the 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 (Zebu)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 1 contract
Optionee’s Representations. If 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 (the "Securities ActSECURITIES ACT"), at the time this Option is exercised, 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
Optionee’s Representations. If In the Shares event the shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act")amended, at the time this Option is exercised, Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company SGI his or her Investment Representation Statement in the form of Exhibit B, (available in Employee Stock Services) and shall read the applicable rules of the Commissioner of Corporations attached hereto as Exhibit B.to such Investment Representation Statement.
Appears in 1 contract
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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.
Appears in 1 contract
Samples: Stock Option Agreement (Hte Inc)
Optionee’s Representations. If 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 (the "Securities Act")amended, at the time this Option is exercised, 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 have read the applicable rules of the Commissioner of Corporations attached to such Investment Representation Statement.
Appears in 1 contract
