Common use of Shares Subject to Vesting Clause in Contracts

Shares Subject to Vesting. If any shares of Company Common Stock issued and outstanding immediately prior to the Effective Time are unvested or are subject to a repurchase option, risk of forfeiture or other condition under any applicable stock restriction agreement or other agreement with the Company, then the shares of Parent Common Stock issued in exchange for such shares of Company Common Stock shall also be unvested and subject to the same repurchase option, risk of forfeiture or other condition (including any requirement that any unvested shares be held in escrow), and the certificate representing such shares of Parent Common Stock may accordingly be marked with appropriate legends in the discretion of Parent.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ibeam Broadcasting Corp)

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Shares Subject to Vesting. If any shares of Company Common Capital Stock ------------------------- issued and outstanding immediately prior to the Effective Time are unvested or are subject to a repurchase optionoption by the Company, risk of forfeiture or other condition under any applicable stock restriction agreement or other agreement with the Company, then the shares of Parent Common Stock issued in exchange for such shares of Company Common Capital Stock shall also be unvested and subject to the same repurchase option, risk of forfeiture or other condition (including any requirement that any unvested shares be held in escrow), and the certificate certificates representing such shares of Parent Common Stock may accordingly be marked with appropriate legends in the discretion of Parent.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Centillium Communications Inc)

Shares Subject to Vesting. If any shares of Company Common Stock ------------------------- issued and outstanding immediately prior to the Effective Time are unvested or are subject to a repurchase option, risk of forfeiture or other condition under any applicable stock restriction agreement or other agreement with the Company, then the shares of Parent Common Stock issued in exchange for such shares of Company Common Stock shall also be unvested and subject to the same repurchase option, risk of forfeiture or other condition (including any requirement that any unvested shares be held in escrow), and the certificate representing such shares of Parent Common Stock may accordingly be marked with appropriate legends in the discretion of Parent.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ibeam Broadcasting Corp)

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Shares Subject to Vesting. If any shares of Company Common Stock ------------------------- issued and outstanding immediately prior to the Effective Time are unvested or are subject to a repurchase optionoption by the Company, risk of forfeiture or other condition under any applicable stock restriction agreement or other agreement with the Company, then the shares of Parent Common Stock Merger Shares issued in exchange for such shares of Company Common Stock shall will also be unvested and subject to the same repurchase option, risk of forfeiture or other condition (including any requirement that any unvested shares be held in escrow), and the certificate certificates representing such shares of Parent Common Stock Merger Shares may accordingly be marked with appropriate legends in the discretion of Parent.

Appears in 1 contract

Samples: Agreement and Plan (Krooss John)

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