Resale of Common Stock. (a) If so requested by the Corporation, upon any sale or transfer of the Common Stock purchased upon exercise of the Option, the Employee shall deliver to the Corporation an opinion of counsel satisfactory to the Corporation to the effect that either (i) the Common Stock to be sold or transferred has been registered under the Securities Act, and that there is in effect a current prospectus meeting the requirements of Section 10(a) of the Securities Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said Act.
Appears in 3 contracts
Samples: Nonqualified Stock Option Agreement (Vitaminshoppe Com Inc), Nonqualified Stock Option Agreement (Vitaminshoppe Com Inc), Nonqualified Stock Option Agreement (Vitaminshoppe Com Inc)
Resale of Common Stock. (a) If so requested by the CorporationCompany, upon any sale or transfer of the Common Stock purchased upon exercise of the Option, the Employee shall deliver to the Corporation Company an opinion of counsel satisfactory to the Corporation Company to the effect that either (i) the Common Stock to be sold or transferred has been registered under the Securities ActAct of 1933, as amended, and that there is in effect a current prospectus meeting the requirements of Section 10(a) of the Securities said Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said Act.
Appears in 2 contracts
Samples: Qualified Stock Option Agreement (Commodore Applied Technologies Inc), Non Qualified Stock Option Agreement (Icg Communications Inc)
Resale of Common Stock. (a) If so requested by the CorporationCompany, upon any sale or transfer of the Common Stock purchased upon exercise of the Option, the Employee shall deliver to the Corporation Company an opinion of counsel satisfactory to the Corporation Company to the effect that either (i) the Common Stock to be sold or transferred has been registered under the Securities Act, Act and that there is in effect a current prospectus meeting the requirements of Section 10(a) of the Securities Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said the Securities Act.
Appears in 2 contracts
Samples: Qualified Stock Option Agreement (Icg Holdings Canada Co /Co/), Qualified Stock Option Agreement (Icg Holdings Canada Co /Co/)
Resale of Common Stock. (a) If so requested by the Corporation, upon any sale or transfer of the Common Stock purchased upon exercise of the Option, the Employee shall deliver to the Corporation an opinion of counsel satisfactory to the Corporation to the effect that either (i) the Common Stock to be sold or transferred has been registered under the Securities Act, Act and that there is in effect a current prospectus meeting the requirements of Section 10(a) of the Securities Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said the Securities Act.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Cover All Technologies Inc), Non Qualified Stock Option Agreement (Cover All Technologies Inc)
Resale of Common Stock. (a) If so requested by the CorporationCompany, upon any sale or transfer of the Common Stock purchased upon exercise of the OptionOption (subject to the provisions of Section 10(c) hereof), the Employee Optionee shall deliver to the Corporation Company an opinion of counsel satisfactory to the Corporation Company to the effect that either (i) the Common Stock to be sold or transferred has been registered under the Securities Act, Act and that there is in effect a current prospectus meeting the requirements of Section 10(a) of the Securities Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold pursuant to an exemption from registration requirements or otherwise without violating Section 5 of said Securities Act.
Appears in 1 contract
Samples: Form of Stock Option Agreement (Interlock Services Inc)
Resale of Common Stock. (a) If so requested by the Corporation, upon Upon any sale or transfer of the Common Stock purchased upon exercise of the Option, the Employee Optionee shall deliver to the Corporation Company an opinion of counsel satisfactory to the Corporation Company to the effect that either (i) the Common Stock to be so sold or transferred has been registered under the Securities ActAct of 1933, as amended, and that there is in effect a current prospectus meeting the requirements of Section Subsection 10(a) of the Securities Act said Act, which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said Act.
Appears in 1 contract
Samples: Stock Option Agreement (Vitafort International Corp)
Resale of Common Stock. (a) If so requested by the Corporation, upon Upon any sale or transfer of the Common Stock purchased upon exercise of the Option, the Employee Optionee shall deliver to the Corporation Company an opinion of counsel satisfactory to the Corporation Company to the effect that either (i) the Common Stock to be sold or transferred has been registered under the Securities Act, and that there is in effect a current prospectus meeting the requirements of Section Subsection 10(a) of the Securities Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said the Securities Act.
Appears in 1 contract
Samples: Employment Agreement (NTL Inc)
Resale of Common Stock. (a) If so requested by the CorporationCompany, upon any sale or transfer of the Common Stock purchased upon exercise of the Option, Option the Employee shall deliver to the Corporation Company an opinion of counsel satisfactory to the Corporation Company to the effect that either (i) the Common Stock to be sold or transferred has been registered under the Securities ActAct of 1933, as amended, and that there is in effect a current prospectus meeting the requirements of Section 10(a) of the Securities said Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said Act.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Commodore Environmental Services Inc /De/)
Resale of Common Stock. (a) If so requested by the CorporationCompany, upon any sale or transfer of the Common Stock purchased upon exercise of the Option, the Employee Director shall deliver to the Corporation Company an opinion of counsel satisfactory to the Corporation Company to the effect that either (i) the Common Stock to be sold or transferred has been registered under the Securities ActAct of 1933, as amended, and that there is in effect a current prospectus meeting the requirements of Section 10(a) of the Securities said Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said Act.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Icg Communications Inc)
Resale of Common Stock. (a) If so requested by the Corporation, upon Upon any sale or transfer of the Common Stock purchased upon exercise of the Option, the Employee seller or transferor shall deliver to the Corporation Company an opinion of counsel satisfactory to the Corporation Company to the effect that either (i) the Common Stock to be so sold or transferred has been registered under the Securities Act, and that there is in effect a current prospectus meeting the requirements of Section Subsection 10(a) of the Securities Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said Act.
Appears in 1 contract
Samples: Option Agreement (Tekni Plex Inc)
Resale of Common Stock. (a) If so requested by the CorporationCompany, upon any sale or transfer of the Common Stock purchased upon exercise of the Option, Option the Employee Director shall deliver to the Corporation Company an opinion of counsel satisfactory to the Corporation Company to the effect that either (i) the Common Stock to be sold or transferred has been registered under the Securities ActAct of 1933, as amended, and that there is in effect a current prospectus meeting the requirements of Section 10(a) of the Securities said Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said Act.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Commodore Environmental Services Inc /De/)
Resale of Common Stock. (a) If so requested by the Corporation, upon Upon any sale or transfer of the Common Stock purchased upon exercise of the Option, the Employee Executive shall deliver to the Corporation Company an opinion of counsel satisfactory to the Corporation Company to the effect that either (i) the Common Stock to be so sold or transferred has been registered under the Securities ActAct of 1933, as amended, and that there is in effect a current prospectus meeting the requirements of Section Subsection 10(a) of the Securities said Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said Act.
Appears in 1 contract
Resale of Common Stock. (a) If so requested by the Corporation, upon any permitted sale or transfer of the Common Stock purchased upon exercise of the Subject Option, the Employee Optionee shall deliver to the Corporation an opinion of counsel satisfactory to the Corporation to the effect that either (i) the Common Stock to be sold or transferred has been registered under the Securities ActAct of 1933, as amended, and that there is in effect a current prospectus meeting the requirements of Section 10(a) of the Securities said Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said Act.
Appears in 1 contract
Resale of Common Stock. (a) If so requested by the Corporation, upon any sale or transfer of the Common Stock purchased upon exercise of the Option, the Employee Consultant shall deliver to the Corporation an opinion of counsel satisfactory to the Corporation to the effect that either (i) the Common Stock to be sold or transferred has been registered under the Securities Act, Act and that there is in effect a current prospectus meeting the requirements of Section 10(a) of the Securities Act which is being or will be delivered to the purchaser or transferee at or prior to the time of delivery of the certificates evidencing the Common Stock to be sold or transferred, or (ii) such Common Stock may then be sold without violating Section 5 of said the Securities Act.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Cover All Technologies Inc)