Common use of Payment Upon Exercise Clause in Contracts

Payment Upon Exercise. Common Stock purchased upon the exercise of this option shall be paid for as follows: (i) in cash or by check, payable to the order of the Company; (ii) to the extent permitted by applicable law, by (x) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the Exercise Price and any required tax withholding or (y) delivery by the Participant to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the Exercise Price and any required tax withholding; (iii) to the extent approved by the Board, in its sole discretion, by delivery (either by actual delivery or attestation) of shares of Common Stock owned by the Participant valued at their fair market value as determined by (or in a manner approved by) the Board (“Fair Market Value”), provided (x) such method of payment is then permitted under applicable law, (y) such Common Stock, if acquired directly from the Company, was owned by the Participant for such minimum period of time, if any, as may be established by the Board in its discretion and (z) such Common Stock is not subject to any repurchase, forfeiture, unfulfilled vesting or other similar requirements; (iv) to the extent permitted by applicable law and approved by the Board, in its sole discretion, by payment of such other lawful consideration as the Board may determine; or (v) by any combination of the above permitted forms of payment.

Appears in 5 contracts

Samples: Non Statutory Stock Option Agreement (First Marblehead Corp), Non Statutory Stock Option Agreement (First Marblehead Corp), Non Statutory Stock Option Agreement (First Marblehead Corp)

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Payment Upon Exercise. Common Stock purchased upon the exercise of this option an Option granted under the Plan shall be paid for as follows: (i1) in cash or by check, payable to the order of the Company; (ii2) to except as the extent permitted by applicable lawBoard may otherwise provide in an option agreement, by (xi) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the Exercise Price exercise price and any required tax withholding or (yii) delivery by the Participant to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the Exercise Price exercise price and any required tax withholding; (iii3) to when the extent approved by Common Stock is registered under the Board, in its sole discretionSecurities Exchange Act of 1934 (the “Exchange Act”), by delivery (either by actual delivery or attestation) of shares of Common Stock owned by the Participant valued at their fair market value as determined by (or in a manner approved by) the Board (“Fair Market Value”), provided (xi) such method of payment is then permitted under applicable law, (yii) such Common Stock, if acquired directly from the Company, was owned by the Participant for such minimum period of time, if any, as may be established by the Board in its discretion and (ziii) such Common Stock is not subject to any repurchase, forfeiture, unfulfilled vesting or other similar requirements; (iv4) to the extent permitted by applicable law and approved by the Board, in its sole discretionby (i) delivery of a promissory note of the Participant to the Company on terms determined by the Board, by or (ii) payment of such other lawful consideration as the Board may determine; or (v5) by any combination of the above permitted forms of payment.

Appears in 3 contracts

Samples: Employment Agreement (Eclipsys Corp), Employment Agreement (Eclipsys Corp), Employment Agreement (Eclipsys Corp)

Payment Upon Exercise. Common Stock purchased upon the an election to exercise of this option Option shall be paid for as follows: (i1) in cash or by check, payable to the order of the Company; (ii2) to except as the extent permitted by applicable lawBoard (as defined in Section 4 below) may otherwise determine, by (xi) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the Exercise Price exercise price and any required tax withholding or (yii) delivery by the Participant Optionee to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the Exercise Price exercise price and any required tax withholding; (iii3) to for as long as the extent approved by Common Stock is registered under the Board, in its sole discretionSecurities Exchange Act of 1934 (the "Exchange Act"), by delivery (either by actual delivery or attestation) of shares of Common Stock owned by the Participant Optionee valued at their fair market value as determined by (or in a manner approved by) the Board ("Fair Market Value"), provided (xi) such method of payment is then permitted under applicable law, (yii) such Common Stock, if acquired directly from the Company, was owned by the Participant Optionee for such minimum period of time, if any, as may be established by the Board in its discretion discretion, and (ziii) such Common Stock is not subject to any repurchase, forfeiture, unfulfilled vesting or other similar requirements; (iv4) to the extent permitted by applicable law and approved by the Board, in its sole discretionby (i) delivery of a promissory note of the Optionee to the Company on terms determined by the Board, by or (ii) payment of such other lawful consideration as the Board may determine; or (v5) by any combination of the above permitted forms of payment.

Appears in 3 contracts

Samples: Nonstatutory Stock Option Agreement (Boston Life Sciences Inc /De), Nonstatutory Stock Option Agreement (Boston Life Sciences Inc /De), Nonstatutory Stock Option Agreement (Boston Life Sciences Inc /De)

Payment Upon Exercise. Common Stock purchased upon the an election to exercise of this option Option shall be paid for as follows: (i1) in cash or by check, payable to the order of the Company; (ii2) to except as the extent permitted by applicable lawBoard (as defined in Section 4 below) may otherwise determine, by (xi) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the Exercise Price exercise price and any required tax withholding or (yii) delivery by the Participant Optionee to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the Exercise Price exercise price and any required tax withholding; (iii3) to for as long as the extent approved by Common Stock is registered under the Board, in its sole discretionSecurities Exchange Act of 1934 (the “Exchange Act”), by delivery (either by actual delivery or attestation) of shares of Common Stock owned by the Participant Optionee valued at their fair market value as determined by (or in a manner approved by) the Board (“Fair Market Value”), provided (xi) such method of payment is then permitted under applicable law, (yii) such Common Stock, if acquired directly from the Company, was owned by the Participant Optionee for such minimum period of time, if any, as may be established by the Board in its discretion discretion, and (ziii) such Common Stock is not subject to any repurchase, forfeiture, unfulfilled vesting or other similar requirements; (iv4) to the extent permitted by applicable law and approved by the Board, in its sole discretionby (i) delivery of a promissory note of the Optionee to the Company on terms determined by the Board, by or (ii) payment of such other lawful consideration as the Board may determine; or (v5) by any combination of the above permitted forms of payment.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Alseres Pharmaceuticals Inc /De)

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Payment Upon Exercise. Common Stock purchased upon the an election to exercise of this option Option shall be paid for as follows: (i1) in cash or by check, payable to the order of the Company; (ii2) to except as the extent permitted by applicable lawBoard of Directors of the Company may otherwise determine, by (xi) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the Exercise Price exercise price and any required tax withholding or (yii) delivery by the Participant Optionee to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the Exercise Price exercise price and any required tax withholding; (iii3) to for as long as the extent approved by Common Stock is registered under the Board, in its sole discretionSecurities Exchange Act of 1934 (the “Exchange Act”), by delivery (either by actual delivery or attestation) of shares of Common Stock owned by the Participant Optionee valued at their fair market value as determined by (or in a manner approved by) the Board (“Fair Market Value”), provided (xi) such method of payment is then permitted under applicable law, (yii) such Common Stock, if acquired directly from the Company, was owned by the Participant Optionee for at least six months prior to such minimum period of time, if any, as may be established by the Board in its discretion delivery and (ziii) such Common Stock is not subject to any repurchase, forfeiture, unfulfilled vesting Vesting or other similar requirements; (iv4) to the extent permitted by applicable law and approved by the Board, in its sole discretion, by (i) delivery of a promissory note of the Optionee to the Company on terms determined by the Board or (ii) payment of such other lawful consideration as the Board may determine; or (v5) by any combination of the above permitted forms of payment.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Boston Life Sciences Inc /De)

Payment Upon Exercise. Common Stock purchased upon the exercise of this option an Option granted under the Plan shall be paid for as follows: (i1) in cash or by check, payable to the order of the Company; (ii2) to except as may otherwise be provided in the extent permitted by applicable lawoption agreement, by (xi) delivery of an irrevocable and unconditional undertaking by a creditworthy broker to deliver promptly to the Company sufficient funds to pay the Exercise Price exercise price and any required tax withholding withholding, or (yii) delivery by the Participant to the Company of a copy of irrevocable and unconditional instructions to a creditworthy broker to deliver promptly to the Company cash or a check sufficient to pay the Exercise Price exercise price and any required tax withholding; (iii3) to the extent provided for in the applicable option agreement or approved by the Board, in its sole discretion, by delivery (either by actual delivery or attestation) of shares of Common Stock owned by the Participant valued at their fair market value as determined by (or in a manner approved by) the Board (“Fair Market Value”), provided (xi) such method of payment is then permitted under applicable law, (yii) such Common Stock, if acquired directly from the Company, was owned by the Participant for such minimum period of time, if any, as may be established by the Board in its discretion and (ziii) such Common Stock is not subject to any repurchase, forfeiture, unfulfilled vesting or other similar requirements; (iv4) to the extent permitted by applicable law and provided for in the applicable option agreement or approved by the Board, in its sole discretion, by (i) delivery of a promissory note of the Participant to the Company on terms determined by the Board, or (ii) payment of such other lawful consideration as the Board may determine; or (v5) by any combination of the above permitted forms of payment.

Appears in 1 contract

Samples: Merger Agreement (GetGo, Inc.)

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