Common use of Pooling of Interests Transaction Clause in Contracts

Pooling of Interests Transaction. Notwithstanding anything in the Plan or this Agreement to the contrary and without the consent of the Optionee, the Administrator, in its sole discretion, may make any modifications to the Option, including but not limited to cancellation, forfeiture, surrender or other termination of the Option in whole or in part regardless of the vested status of the Option, in order to facilitate any business combination that is authorized by the Board to comply with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.

Appears in 23 contracts

Samples: Qualified Stock Option Grant Agreement (Go-Page Corp), Non Qualified Stock Option Grant Agreement (Go-Page Corp), Qualified Stock Option Grant Agreement (Scio Diamond Technology Corp)

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Pooling of Interests Transaction. Notwithstanding anything in the Plan or this Agreement to the contrary and without the consent of the Optionee, the Administrator, in its sole discretion, may make any modifications to the OptionOptions, including but not limited to cancellation, forfeiture, surrender or other termination of the Option Options in whole or in part regardless of the vested status of the OptionOptions, in order to facilitate any business combination that is authorized by the Board to comply with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.

Appears in 4 contracts

Samples: Incentive Stock Option Grant Agreement (WSB Holdings Inc), Stock Option Grant Agreement (WSB Holdings Inc), Stock Option Grant Agreement (WSB Holdings Inc)

Pooling of Interests Transaction. Notwithstanding anything in the Plan or this Agreement to the contrary and without the consent of the Optionee, the Administrator, in its sole discretion, may make any modifications to the OptionOptions, including but not limited to cancellation, forfeiture, surrender or other termination of the Option Options in whole or in part regardless of the vested status of the OptionOptions, in order but solely to the extent necessary to facilitate any business combination that is authorized by the Board to comply with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Grant Agreement (Plastinum Polymer Technologies Corp.), Nonstatutory Stock Option Grant Agreement (Plastinum Polymer Technologies Corp.)

Pooling of Interests Transaction. Notwithstanding anything in the Plan or this Agreement to the contrary contrary, in connection with any business combination authorized by the Board, the Administrator, in its sole discretion and without the consent of the Optionee, the Administrator, in its sole discretion, may make any modifications to the OptionOptions, including but not limited to cancellation, forfeiture, surrender or other termination of the Option Options, in whole or in part part, regardless of their vested status, but solely to the vested status of the Option, in order extent necessary to facilitate any business combination that is authorized by the Board to comply compliance of such transaction with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.

Appears in 2 contracts

Samples: Stock Option Grant Agreement (Telecommunication Systems Inc /Fa/), Nonstatutory Stock Option Grant Agreement (Telecommunication Systems Inc /Fa/)

Pooling of Interests Transaction. Notwithstanding anything in the Plan or this Agreement to the contrary and without the consent of the OptioneeEmployee, the Administrator, in its his sole discretion, may make any modifications to the Option, including but not limited to cancellation, forfeiture, surrender or other termination of the Option in whole or in part regardless of the vested status of the Optionpart, in order to facilitate any business combination that is authorized by the Board to comply with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.

Appears in 2 contracts

Samples: Stock Option Grant Agreement, Incentive Stock Option Grant Agreement (Concur Technologies Inc)

Pooling of Interests Transaction. Notwithstanding anything in the Plan or this Agreement to the contrary and without the consent of the Optionee, the Administrator, in its sole discretion, may make any modifications to the Option, including but not limited to cancellation, forfeiture, surrender surrender, or other termination of the Option in whole or in part regardless of the vested status of the Option, in order to facilitate any business combination that is authorized by the Board to comply with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.

Appears in 2 contracts

Samples: Consultant Stock Option Grant Agreement (Cdknet Com Inc), Employee Stock Option Grant Agreement (Cdknet Com Inc)

Pooling of Interests Transaction. Notwithstanding anything in the Plan or this Agreement to the contrary and without contrary, in connection with any business combination authorized by the consent of the OptioneeBoard, the Administrator, in its sole discretiondiscretion and without the consent of the Employee, may make any modifications to the OptionOptions, including but not limited to cancellation, forfeiture, surrender or other termination of the Option Options, in whole or in part part, regardless of their vested status, but solely to the vested status of the Option, in order extent necessary to facilitate any business combination that is authorized by the Board to comply compliance of such transaction with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.

Appears in 2 contracts

Samples: Incentive Stock Option Grant Agreement (Telecommunication Systems Inc /Fa/), Incentive Stock Option Grant Agreement (Telecommunication Systems Inc /Fa/)

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Pooling of Interests Transaction. Notwithstanding anything in the --------------------------------------------- Plan or this the Agreement to the contrary and without the consent of the OptioneeGrantee, the Administrator, in its sole discretion, may make any modifications to the Option, including but not limited to cancellation, forfeiture, surrender or other termination of the Option in whole or in part regardless of the vested status of the Option, in order to facilitate any business combination that is authorized by the Board to comply with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.

Appears in 1 contract

Samples: Nonqualified Stock Option Grant Agreement (Network Access Solutions Corp)

Pooling of Interests Transaction. Notwithstanding anything in the Plan or this Agreement to the contrary and without the consent of the Optionee, the Administrator, in its his sole discretion, may make any modifications to the Option, including but not limited to cancellation, forfeiture, surrender or other termination of the Option in whole or in part regardless of the vested status of the Optionpart, in order to facilitate any business combination that is authorized by the Board to comply with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.

Appears in 1 contract

Samples: Nonstatutory Stock Option Grant Agreement (Concur Technologies Inc)

Pooling of Interests Transaction. Notwithstanding anything in the Plan or this Agreement to the contrary and without the consent of the OptioneeDirector, the Administrator, in its sole discretion, may make any modifications to the Option, including but not limited to cancellation, forfeiture, surrender or other termination of the Option in whole or in part regardless of the vested status of the Option, in order to facilitate any business combination that is authorized by the Board to comply with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.

Appears in 1 contract

Samples: Stock Option Grant Agreement (Scio Diamond Technology Corp)

Pooling of Interests Transaction. Notwithstanding anything in the Plan or this Agreement to the contrary contrary, in connection with any business combination authorized by the Board, the Administrator, in its sole discretion and without the consent of the Optionee, the Administrator, in its sole discretion, may make any modifications to the OptionOptions, including but not limited to cancellation, forfeiture, surrender or other termination of the Option Options, in whole or in part part, regardless of their vested status, but solely to the vested status of the Option, in order extent necessary to facilitate any business combination that is authorized by the Board to comply compliance of such transaction with requirements for treatment as a pooling of interests transaction for accounting purposes under generally accepted accounting principles.

Appears in 1 contract

Samples: Employment Agreement (Harbor Bankshares Corp)

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