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, 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), Restricted Stock Purchase Agreement (HNC Software Inc/De), Option Agreement (Silicon Laboratories 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, 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: Qualified Stock Option Agreement (Equifin Inc), Qualified Stock Option Agreement (Equifin Inc), Non Qualified Stock Option Agreement (Equifin 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, 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. 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, 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: Direct Focus (Direct Focus Inc), Direct Focus (Direct Focus Inc)
Optionee’s Representations. 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, 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: Netcreations Inc, Netcreations 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 ("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. 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, 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
Samples: Diva Systems Corp
Optionee’s Representations. 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 amendedamended (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. 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, 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. 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, 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. 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 ("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. 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, 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: Centura 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, 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