Common use of Procedures for Exercise Clause in Contracts

Procedures for Exercise. In order to exercise all or any part of the Option, Grantee shall deliver to Alpha: (i) written notice of the number of vested Option Shares to be purchased, (ii) payment of the exercise price of such Option Shares in the form of cash or, if permitted by the Committee: (A) Common Shares, (B) the surrender of another outstanding Award under the Plan, (C) if there is a public market for the Common Shares at such time, subject to such rules as may be established by the Committee, through delivery of irrevocable instructions to a broker to sell the Common Shares otherwise deliverable upon the exercise of the Option and deliver promptly to Alpha an amount equal to the aggregate exercise price payable for the Option Shares, or (D) any combination thereof, and (iii) payment of any required withholding pursuant to Section 5. The Option shall be deemed to have been exercised as of (i) the close of business on the date the required documents and required consideration are received by Alpha or, (ii) if the exercise of the Option occurs in connection with a Change of Control, then immediately prior to the consummation of the Change of Control, provided the required documents and required consideration are received by Alpha at or prior to the consummation of the Change of Control. If Grantee disposes of Common Shares acquired upon the exercise of an Incentive Stock Option either (i) within two years after the date of grant of such Incentive Stock Option or (ii) within one year after the transfer of such Common Shares to the Grantee, then Grantee shall notify Alpha of such disposition and of the amount realized upon such disposition.

Appears in 3 contracts

Samples: Stock Option Agreement (Alpha Natural Resources, Inc.), Stock Option Agreement (Alpha Natural Resources, Inc.), Grantee Stock Option Agreement (Alpha Natural Resources, Inc.)

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Procedures for Exercise. In order to exercise all or any part of the Option, Grantee shall deliver to Alpha: (i) written notice of the number of vested Option Shares to be purchased, (ii) payment of the exercise price of such Option Shares in the form of cash or, if permitted by the Committee: (A) qualified Common Shares, (B) the surrender of another outstanding Award under the Plan, Plan (C) if there is a public market for the Common Shares at such time, subject to such rules as may be established by the Committee, through delivery of irrevocable instructions to a broker to sell the Common Shares otherwise deliverable upon the exercise of the Option and deliver promptly to Alpha an amount equal to the aggregate exercise price payable for the Option Shares, Shares or (D) any combination thereof, and (iii) payment of any required withholding pursuant to Section 5. The Option shall be deemed to have been exercised as of (i) the close of business on the date the required documents and required consideration are received by Alpha or, (ii) if the exercise of the Option occurs in connection with a Change of Control, then immediately prior to the consummation of the Change of Control, provided the required documents and required consideration are received by Alpha at or prior to the consummation of the Change of Control. For purposes of this Section 2, Common Shares shall be deemed to be "qualified" Common Shares if they have been held by Grantee for six months or such other period as set from time to time by the Board or the Committee. If Grantee disposes of Common Shares acquired upon the exercise of an Incentive Stock Option either (i) within two years after the date of grant of such Incentive Stock Option or (ii) within one year after the transfer of such Common Shares to the Grantee, then Grantee shall notify Alpha of such disposition and of the amount realized upon such disposition.

Appears in 1 contract

Samples: Stock Option Agreement (Alpha Natural Resources, Inc.)

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Procedures for Exercise. In order to exercise all or any part of the Option, Grantee shall deliver to Alphathe Company: (i) written notice of the number of vested Option Shares to be purchased, (ii) payment of the exercise price xxxxx xxxxx of such Option Shares in the form of cash or, if permitted by the Committee: (A) qualified Common Shares, (B) the surrender of another outstanding Award under the Plan, Plan (C) if there is a public market for the Common Shares at such time, subject to such rules as may be established by the Committee, through delivery of irrevocable instructions to a broker to sell the Common Shares otherwise deliverable upon the exercise of the Option and deliver promptly to Alpha the Company an amount equal to the aggregate exercise price xxxxx xxxxx payable for the Option Shares, Shares or (D) any combination thereof, and (iii) payment of any required withholding pursuant to Section 5. The Option shall be deemed to have been exercised as of (i) the close of business on the date the required documents and required consideration are received by Alpha the Company or, (ii) if the exercise of the Option occurs in connection with a Change of Control, then immediately prior to the consummation of the Change of Control, provided the required documents and required consideration are received by Alpha the Company at or prior to the consummation of the Change of Control. For purposes of this Section 2, Common Shares shall be deemed to be “qualified” Common Shares if they have been held by Grantee for six months or such other period as set from time to time by the Board or the Committee. If Grantee disposes of Common Shares acquired upon the exercise of an Incentive Stock Option either (i) within two years after the date of grant of such Incentive Stock Option or (ii) within one year after the transfer of such Common Shares to the Grantee, then Grantee shall notify Alpha the Company of such disposition and of the amount realized upon such disposition.

Appears in 1 contract

Samples: Stock Option Agreement (Parent Co)

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