RESTRICTED STOCK, STOCK OPTIONS. Except as provided in Section 11(b)(7), for purposes of this Agreement, restricted stock and stock options shall vest and be exercisable according to the terms of the applicable plan.
RESTRICTED STOCK, STOCK OPTIONS. Consistent with the terms of any applicable plans, all of Employee’s unvested restricted stock as of the Resignation Date attributable to grants made to Employee pursuant to the terms of an ExpressJet Holdings, Inc. stock incentive plan shall vest upon the Resignation Date. Further, (i) any unvested stock options previously granted to Employee pursuant to the terms of an ExpressJet Holdings, Inc. stock option agreement and outstanding as of the Resignation Date shall vest upon the Resignation Date and (ii) the period for exercising any such stock options shall be extended until one (1) year after the Resignation Date (but in no event later than the earlier of the latest date upon which the stock option could have expired by its original terms under any circumstances or the tenth anniversary of the original date of grant of the stock option).
RESTRICTED STOCK, STOCK OPTIONS. On the Effective Date, restricted stock held by the Executive shall become immediately vested and non-forfeitable, and all of the Executive's stock options shall become immediately exercisable.
RESTRICTED STOCK, STOCK OPTIONS. (a) The Board will consider each year in conjunction with the Executive's annual review, the outright grant of shares of the Corporation's common stock or the granting of an option to purchase shares of the Corporation's common stock (such shares being the "Option Shares").
(b) The exercise price to be paid by Executive for each Option Share (the "Option Price") shall be determined by the Board at the time the option is granted. All payments of the exercise price must be made in cash in full at the time of delivery of the Option Shares to Executive. Executive may exercise the option granted hereunder and purchase Option Shares by giving written notice of his election to exercise his option hereunder. The notice shall comply with Section 22 hereof, and shall state the number of Option Shares which Executive desires to purchase.
(c) Subject to the provisions of this Section 5(c), stock options granted to Executive under this Agreement are not transferable by the Executive other than by will, decent and distribution, and during Executive's life time, such stock options may be exercised only by Executive or Executive's guardian or legal representative. Notwithstanding the foregoing, Executive may transfer stock options and any other security issued to the Executive by the Corporation pursuant to the terms of this Agreement to a family member of the Executive or to one or more trusts or other legal entities organized and established for the benefit of the Executive and/or his family members (a "Family Member") provided such transfer is a gift. Subsequent transfers of transferred stock options are prohibited except to other Family Members or by will or the laws of descent and distribution. Following a transfer of a stock option, such stock option shall continue to be subject to the same terms and conditions as were applicable immediately prior to such transfer.
(d) The existence of the options hereunder shall not affect in any way the right or power of the Corporation or its stockholders to make or authorize any or all adjustments recapitalizations, reorganizations or other changes in its capital structure or its business, or any merger or consolidation, of the corporation, or any issue of bonds, debentures, preferred or prior preference stock ahead of or affecting the common stock or the rights thereof, or the dissolution or liquidation of the Corporation, or any sale or transfer of all or any part of its assets or business, or any other corporate act or procee...
RESTRICTED STOCK, STOCK OPTIONS. You have been granted 12,603,454 shares of ePunk, Inc. common stock, and have executed a lock-up and leak-out agreement, dated February 3, 2012 and incorporated herein by reference.
RESTRICTED STOCK, STOCK OPTIONS. Pursuant to the Company's 1994 Stock Option Plan, on March 25, 1998 PSC awarded Xxxxxxx 17,500 restricted Common Shares of the Company, upon the terms and conditions and subject to the restrictions set forth in the Restricted Stock Award Agreement attached to the Agreement as Exhibit A. Effective as of March 25, 1999, the Company has granted Xxxxxxx, pursuant to the Company's 1994 Stock Option Plan, a stock option for 17,500 Common Shares of the Company at an exercise price of $8.625 per share, upon the terms and conditions set forth in the Stock Option Agreement attached hereto as Exhibit A. If Xxxxxxx is Chairman of the Board of Directors of the Company on March 25, 2000, PSC will xxxxx Xxxxxxx a stock option for 35,000 Common Shares pursuant to a Stock Option Agreement similar in form to Exhibit A, as modified to reflect appropriate changes in grant, vesting and expiration dates and in purchase and stock performance prices. Notwithstanding the foregoing sentence, if there is a Change in Control (as hereinafter defined), and if Xxxxxxx becomes entitled to receive Severance Benefits (as hereinafter defined), Xxxxxxx will be immediately entitled to receive the stock option which otherwise would have been granted to him on March 25, 2000, fully vested and exercisable and at a purchase price equal to the Fair Market Value of the Company's Common Shares on the date preceding the date of the Change in Control."
3. Except as modified by this Second Amendment, the Agreement shall remain in full force and effect and is hereby ratified and confirmed.
RESTRICTED STOCK, STOCK OPTIONS. Subject to the approval of the Board, Company shall grant Employee the following:
RESTRICTED STOCK, STOCK OPTIONS. (a) Pursuant to the terms of the several stock option agreements dated as of February 9, 1994 (200,000 options), February 7, 1995 (90,000 options), February 3, 1996 (135,000 options), August 7, 1996 (35,000 options), February 5, 1997 (60,000 options) and October 1, 1997 (200,000 options) (collectively, the "Option Agreements"), providing for the grant to Daseke by the Company of an aggregate of 720,000 options (the "Options") to acquire shares of the Company's common stock, par value $.01 per share (the "Common Stock"), entered into by and between the Company and Daseke pursuant to the terms of the Company's Amended and Restated 1994 Stock Option Plan (the "Plan"), Daseke currently has vested Options exercisable for 237,500 shares of Common Stock. The Company hereby agrees to accelerate the vesting of the remaining 482,500 Options issued to Daseke to the date of this Agreement, thereby permitting the immediate exercise of all of the Options. Daseke shall have until October 20, 2002 to exercise the Options pursuant to the terms of the Plan and the Option Agreements, the terms of which shall remain in full force and effect except as expressly modified hereby.
(b) The 30,000 shares of Common Stock (the "Restricted Shares") granted to Daseke under the Company's Long-Term Incentive Plan (the "LTIP") on February 12, 1997, shall remain outstanding in accordance with the terms of the LTIP and Daseke shall continue to receive the dividends payable on such shares of Common Stock. On October 20, 2000, all restrictions on the transfer of any then outstanding Restricted Shares as set forth in the LTIP and in the Award Agreement issued under the LTIP shall lapse and Daseke shall be issued stock certificates in denominations designated by Daseke representing the Restricted Shares as soon as practicable following such date, without any restrictive legend thereon.
(c) The 88,000 shares of Common Stock acquired by Daseke on July 19, 1994, the 79,700 shares of Common Stock acquired by Daseke on December 28, 1995 and the 24,300 shares of Common Stock acquired by Daseke on January 18, 1996, pursuant to Company loan programs, shall be retained by Daseke and the loans made to Daseke by the Company shall remain outstanding and shall continue to be payable in accordance with the terms of the notes and other agreements evidencing such loans following the date hereof.
RESTRICTED STOCK, STOCK OPTIONS. Executive previously has been awarded one or more restricted stock grants under which 58,240 shares of the Company’s common stock have not vested as of the Effective Date (the “Unvested Shares”). The parties agree that, so long as Executive’s employment is not terminated prior to August 29, 2014 as a result of Executive’s voluntary resignation or by the Company for Cause, then on the Date of Termination the portion of the Unvested Shares that remain unvested as of such date shall vest. In the event Executive’s employment is terminated as a result of Executive’s voluntary resignation or by the Company for Cause, then the Unvested Shares will not vest and will be forfeited. For the avoidance of doubt, and notwithstanding anything to the contrary set forth in any stock option award agreement between the Executive and the Company, any unexercised portion of any stock option previously granted to Executive shall automatically terminate and become null and void six months after the Date of Termination, provided that in the event Executive’s employment is terminated prior to August 29, 2014 as a result of Executive’s voluntary resignation or by the Company for Cause, then the unexercised portion of any stock option previously granted to Executive shall automatically terminate and become null and void three months after the Date of Termination.
RESTRICTED STOCK, STOCK OPTIONS. Effective on the Change of Control Date, the Company agrees that Consultant's Restricted Stock (as defined in that certain Restricted Stock Purchase Agreement dated September 13, 1999, amended as of June 21, 2000 (the "Restricted Stock Agreement")) shall immediately vest and no longer be subject to any Repurchase Option (as defined in the Restricted Stock Agreement), and that the Consultant's stock options shall immediately terminate. Except as otherwise provided herein, the Restricted Stock Agreement, the Note and the Security Agreement (as defined in the Restricted Stock Agreement) shall remain in full force and effect; provided that in the event that the Consulting Period is terminated prior to the second anniversary of the Change of Control Date by the Company without Cause, the Company agrees that the Note will not be due until the date which is thirty (30) days after the second anniversary of the Change of Control Date, and that the Company will not seek to enforce the Note until such date. After the occurrence of both (a) the Change of Control Date, and (b) payment in full by Consultant for Consultant's Restricted Stock, the Company shall notify the Escrow Holder (as defined in the Restricted Stock Agreement), to deliver to the Consultant a certificate or certificate evidencing all shares of paid-for Common Stock then held by the Escrow Holder pursuant to the Joint Escrow Instructions, dated September 13, 1999, by and between the Company and the Consultant, at which time the Joint Escrow Instructions shall terminate and be of no further force or effect. The Consultant acknowledges that such certificate or certificates will continue to be subject to the Security Agreement until the Note is paid or the obligations thereunder of the Consultant are otherwise discharged.
