OTHER STOCKHOLDER OPTION. If the Corporation does not exercise its purchase option under SECTION 4(a)(i) or SECTION 4(b), if applicable, within ninety (90) days after the effective date of the termination of Executive's employment with the Corporation, then the Corporation shall promptly so notify the Other Stockholders in writing (the "CORPORATION NOTICE"), and the Other Stockholders shall have the right to purchase all or any portion of their pro rata portion of the Vested Restricted Shares (as such pro rata portion is determined pursuant to the terms of the Stockholders Agreement) on the terms set forth in this SECTION 4 and SECTION 5 by giving the Corporation and Executive written notice of the exercise of such right within ten (10) days after delivery of the Corporation Notice. Notwithstanding anything to the contrary contained herein, the restrictions contained in this Agreement shall not be applicable to any Other Stockholders who exercise their rights to purchase any Vested Restricted Shares pursuant to this SECTION 4.
Appears in 2 contracts
Samples: Restricted Stock Agreement (optionsXpress Holdings, Inc.), Restricted Stock Agreement (optionsXpress Holdings, Inc.)
OTHER STOCKHOLDER OPTION. If the Corporation does not exercise its purchase option under SECTION 4(a)(i4(A)(I)(A) or SECTION 4(b4(a)(ii), if applicable, within ninety (90) days after the effective date of the termination of Executive's employment with the Corporation, then the Corporation shall promptly so notify the Other Stockholders in writing (the "CORPORATION NOTICE"), and the Other Stockholders shall have the right to purchase all or any portion of their pro rata portion of the Vested Restricted Shares (as such pro rata portion is determined pursuant to the terms of the Stockholders Agreement) on the terms set forth in this SECTION 4 and AND SECTION 5 by giving the Corporation and Executive written notice of the exercise of such right within ten (10) days after delivery of the Corporation Notice. Notwithstanding anything to the contrary contained herein, the restrictions contained in this Agreement shall not be applicable to any Other Stockholders who exercise their rights to purchase any Vested Restricted Shares pursuant to this SECTION 4.
Appears in 1 contract
Samples: Restricted Stock Agreement (optionsXpress Holdings, Inc.)
OTHER STOCKHOLDER OPTION. If the Corporation does not exercise its purchase option under SECTION 4(a)(i) or SECTION 4(b), if applicable, within ninety (90) days after the effective date of the termination of Executive's employment with the Corporation, then the Corporation shall promptly so notify the Other Stockholders in writing (the "CORPORATION NOTICE"), and the Other Stockholders shall have the right to purchase all or any portion of their pro rata portion of the Vested Restricted Shares (as such pro rata portion is determined pursuant to the terms of the Stockholders Agreement) on the terms set forth in this SECTION 4 and AND SECTION 5 by giving the Corporation and Executive written notice of the exercise of such right within ten (10) days after delivery of the Corporation Notice. Notwithstanding anything to the contrary contained herein, the restrictions contained in this Agreement shall not be applicable to any Other Stockholders who exercise their rights to purchase any Vested Restricted Shares pursuant to this SECTION 4.
Appears in 1 contract
Samples: Restricted Stock Agreement (optionsXpress Holdings, Inc.)