Common use of Performance Options Clause in Contracts

Performance Options. With regard to Performance Options granted under Section 4(b)(v), such options shall vest as follows: (1) 50% shall vest immediately if at anytime after the occurrence of a Change-in-Control or the announcement of a Change-in-Control the price per share of the Company’s common stock equals or exceeds $1.80; and (2) 100% shall vest immediately if at anytime after the occurrence of a Change-in-Control or the announcement of a Change-in-Control the price per share of the Company’s common stock equals or exceeds $2.35. Upon the completion of a Change-in-Control, any such Performance Options that remain unvested after the application of provisions (1) and (2) of this Section 6(g)(ii) shall expire.

Performance Options. With regard to Performance Options granted under Section 4(b)(v)) of the Employment Agreement dated June 28, 2006, as modified by paragraph 2 of Amendment No. 1 to Employment Agreement, such options shall vest as follows: : (1A) 50% shall vest immediately if at anytime after the occurrence of a Change-in-Change in Control or the announcement of a Change-in-Change in Control the price per share of the Company’s common stock equals or exceeds $1.80; and , and (2B) 100% shall vest immediately if at anytime after the occurrence of a Change-in-Change in Control or the announcement of a Change-in-Change in Control the price per share of the Company’s common stock equals or exceeds $2.35. Upon the completion of a Change-in-Change in Control, any such Performance Options that remain unvested after the application of provisions (1A) and (2B) of this Section 6(g)(ii) shall expire.”