Common use of Recapitalization, Mergers, Etc Clause in Contracts

Recapitalization, Mergers, Etc. As provided in the Plan, in the event of a corporate transaction affecting the Company’s outstanding Common Stock, the Committee shall equitably adjust the number and kind of shares subject to this Option and the exercise price hereunder or make provision for a cash payment. If such transaction involves a consolidation or merger of the Company with another entity, the sale or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may upon written notice to the Option Holder provide that this Option shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion accelerate or waive any deferred exercise period.

Appears in 4 contracts

Samples: Employment Agreement (Arqule Inc), Employment Agreement (Arqule Inc), Employment Agreement (Arqule Inc)

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Recapitalization, Mergers, Etc. As provided in the Plan, in the ------------------------------ event of a corporate transaction transactions affecting the Company’s 's outstanding Common Stock, the Committee shall equitably adjust the number and kind of shares subject to this Option and the exercise price hereunder or make provision for a cash paymentshall be equitably adjusted. If such transaction involves a consolidation or merger of the Company with another entity, the sale or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may upon written notice to the Option Holder Optionholder provide that this Option shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion accelerate or waive any deferred exercise period.

Appears in 2 contracts

Samples: Consulting Agreement (Parametric Technology Corp), Consulting Agreement (Parametric Technology Corp)

Recapitalization, Mergers, Etc. As provided in the Plan, in the event of a ------------------------------ corporate transaction transactions affecting the Company’s 's outstanding Common Stock, the Committee shall equitably adjust the number and kind of shares subject to this Option and the exercise price hereunder or make provision for a cash paymentshall be equitably adjusted. If such transaction involves a consolidation or merger of the Company with another entity, the sale or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may upon written notice to the Option Holder Optionholder provide that this Option shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion accelerate or waive any deferred exercise period.

Appears in 2 contracts

Samples: Consulting Agreement (Parametric Technology Corp), Consulting Agreement (Parametric Technology Corp)

Recapitalization, Mergers, Etc. As provided in the Plan, in the event ------------------------------ of a corporate transaction transactions affecting the Company’s 's outstanding Common Stock, the Committee shall equitably adjust the number and kind of shares subject to this Option and the exercise price hereunder or make provision for a cash paymentshall be equitably adjusted. If such transaction involves a consolidation or merger of the Company with another entity, the sale or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may upon written notice to the Option Holder Optionholder provide that this Option shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion accelerate or waive any deferred exercise period.

Appears in 1 contract

Samples: Consulting Agreement (Parametric Technology Corp)

Recapitalization, Mergers, Etc. As provided in the Plan, in the event of a corporate transaction affecting the Company’s 's outstanding Common Stock, the Committee shall equitably adjust the number and kind of shares subject to this Option and the exercise price hereunder or make provision for a cash payment. If such transaction involves a consolidation or merger of the Company with another entity, the sale or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may upon written notice to the Option Holder provide that this Option shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion accelerate or waive any deferred exercise period.

Appears in 1 contract

Samples: Employment Agreement (Arqule Inc)

Recapitalization, Mergers, Etc. As provided in the Plan, in the ------------------------------- event of a corporate transaction transactions affecting the Company’s 's outstanding Common Stock, the Committee shall equitably adjust the number and kind of shares subject to this Option and the exercise price hereunder or make provision for a cash payment. If such transaction involves a consolidation or merger of the Company with another entity, the sale or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may upon written notice to the Option Holder Optionholder provide that this Option shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion accelerate or waive any deferred exercise period.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Dataware Technologies Inc)

Recapitalization, Mergers, Etc. As provided in the Plan, in the event of a corporate transaction transactions affecting the Company’s outstanding Common Stock, the Committee shall equitably adjust the number and kind of shares subject to this Option and the exercise price hereunder or make provision for a cash payment. If such transaction involves a consolidation or merger of the Company with another entity, the sale or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may upon written notice to the Option Holder Optionholder provide that this Option shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion accelerate or waive any deferred exercise period.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Enanta Pharmaceuticals Inc)

Recapitalization, Mergers, Etc. As provided in the Plan, in the event of a corporate transaction transactions affecting the Company’s 's outstanding Common Stock, the Committee shall will equitably adjust the number and kind of shares subject to this Option and the exercise price hereunder or make provision for a cash payment. If such transaction involves a consolidation or merger of the Company with another entity, the sale or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may upon written notice to the Option Holder Optionholder provide that this Option shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion accelerate or waive any deferred exercise period.

Appears in 1 contract

Samples: Employee Agreement (Galileo Corp)

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Recapitalization, Mergers, Etc. As provided in the Plan, in the event of a corporate transaction transactions affecting the Company’s outstanding Common Stock, the Committee shall equitably adjust the number and kind of shares subject to this Option the SARs and the exercise price hereunder or make provision for a cash paymentshall be equitably adjusted. If such transaction involves a consolidation or merger of the Company with another entity, the sale sale, lease or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may shall upon written notice to the Option Holder Grantee provide that this Option the SARs shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion shall accelerate or waive any deferred exercise period.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (Tripath Imaging Inc)

Recapitalization, Mergers, Etc. As provided in the Plan, in the event ------------------------------- of a corporate transaction transactions affecting the Company’s 's outstanding Common Stock, the Committee shall may, in its sole discretion, equitably adjust the number and kind of shares subject to this Option and the exercise price hereunder or make provision for a cash payment. If such transaction involves a consolidation or merger of the Company with another entity, the sale or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may upon written notice to the Option Holder Optionholder provide that this Option shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion accelerate or waive any deferred exercise period.

Appears in 1 contract

Samples: Employment Agreement (Cais Internet Inc)

Recapitalization, Mergers, Etc. As provided in the Plan, in the event ------------------------------- of a corporate transaction transactions affecting the Company’s 's outstanding Common Stock, the Committee shall equitably adjust the number and kind of shares subject to this Option and the exercise price hereunder or make provision for a cash payment. If such transaction involves a consolidation or merger of the Company with another entity, the sale or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may upon written notice to the Option Holder Optionholder provide that this Option shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion accelerate or waive any deferred exercise period.

Appears in 1 contract

Samples: Executive Non Statutory Stock Option Agreement (Navisite Inc)

Recapitalization, Mergers, Etc. As provided in the Plan, in the event of a corporate transaction affecting the Company’s outstanding Common Stock, the Committee shall equitably adjust the number and kind of shares subject to this Option and the exercise price hereunder or make provision for a cash payment. If such transaction involves a consolidation or merger of the Company with another entity, the sale or exchange of all or substantially all of the assets of the Company or a reorganization or liquidation of the Company, then in lieu of the foregoing, the Committee may upon written notice to the Option Holder Optionholder provide that this Option shall terminate on a date not less than 20 days after the date of such notice unless theretofore exercised. In connection with such notice, the Committee may in its discretion accelerate or waive any deferred exercise period.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Arqule Inc)

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