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").
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."
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. In addition to the foregoing, as of the date of this Agreement the Employee will be entitled to subscribe for and purchase, at a price of $0.01 per share (at par), shares of common stock of the Company representing 3% of the issued and outstanding capital stock of the Company on a fully diluted basis, as more fully set out in the terms of a restricted stock agreement containing terms consistent with this Agreement and otherwise acceptable to the Employee and the Company. The number of shares of restricted stock subject to purchase by the Employee will be measured based on the amounts of issued and outstanding capital stock (on a fully-diluted basis) as of the date hereof and to be further adjusted to maintain the Employee’s three percent (3%) of the Company’s issued and outstanding capital stock on a fully-diluted basis as of the date of closing of the Series B fundraising by the Company in which it raises at least US$12,000,000. The restricted stock will vest as follows: 20% of the restricted stock will vest on the closing of the Series A fundraising, and 80% of the restricted stock will vest annually on the anniversary of this Agreement in equal amounts over the next four years, or on an accelerated basis upon achievement of certain milestones to be established by the Employee and the Company in consultation with the Remuneration Committee and set forth in the restricted stock agreement. The restricted stock agreement shall contain a “change of control” provision providing for accelerated vesting of all shares of unvested restricted stock immediately upon the happening of a change of control with respect to the Company. The term “fully diluted” means treating any issued and outstanding equity securities which are not stock but which are convertible into or exchangeable for or otherwise represent rights to subscribe for or otherwise acquire stock as the requisite number of shares of stock into which they are convertible or exercisable or for which they may be subscribed for or acquired for this purpose and the term “equity securities” shall include, without limitation, for these purposes stock, shares and any warrants, options or other rights to acquire stock or any other equity security and debt security the convertible into stock or any other equity security.
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.
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. For purposes of this Agreement, unless otherwise indicated herein, restricted stock and stock options shall vest and be exercisable according to the terms of the Stock Plan.
