Common use of Sale of the Assets of the Company, etc Clause in Contracts

Sale of the Assets of the Company, etc. Notwithstanding Section 6.1, the Board of Directors shall have the power, in the event of the disposition of all or substantially all of the assets of the Company, or the dissolution of the Company, or the merger or consolidation of the Company, or the making of a tender offer to purchase all or a substantial portion of outstanding Stock of the Company, to amend this Agreement (upon such conditions as it shall deem fit) to (i) permit the exercise of the Options described herein prior to the effective date of the transaction and to terminate all unexercised Options as of that date, or (ii) require the forfeiture of all Options, provided the Company pays to the Grantee the excess of the fair market value of the Stock subject to the Option (as determined by the Board of Directors if the Company's common stock is not then freely tradable) over the exercise price of the Option.

Sale of the Assets of the Company, etc. Notwithstanding Section 6.1, the Board of Directors shall have the power, in the event of the disposition of all or substantially all of the assets of the Company, or the dissolution of the Company, or the merger or consolidation of the Company, or the making of a tender offer to purchase all or a substantial portion of outstanding Stock of the Company, to amend this Agreement (upon such conditions as it shall deem fit) to (i) permit the exercise of the Options described herein prior to the effective date of the transaction and to terminate all unexercised Options as of that date, or (ii) require the forfeiture of all Options, provided the Company pays to the Grantee the excess of the fair market value of the Stock subject to the Option (as determined by the Board of Directors if the Company's common stock is not then freely tradable) over the exercise price of the Option.. 6 EXHIBIT 99.6

Sale of the Assets of the Company, etc. Notwithstanding Section 6.1, the Board of Directors shall have the power, in the event of the disposition of all or substantially all of the assets of the Company, or the dissolution of the Company, or the merger or consolidation of the Company, or the making of a tender offer to purchase all or a substantial portion of outstanding Stock of the Company, to amend this Agreement (upon such conditions as it shall deem fit) to (i) permit the exercise of the Options described herein prior to the effective date of the transaction and to terminate all unexercised Options as of that date, or (ii) require the forfeiture of all Options, provided the Company pays to the Grantee the excess of the fair market value of the Stock subject to the Option (as determined by the Board of Directors if the Company's common stock is not then freely tradable) over the exercise price of the Option.. 6 EXHIBIT 99.3