Common use of Stock Option and Other Plans Clause in Contracts

Stock Option and Other Plans. (a) The Company shall, prior to the Closing Date, use its commercially reasonable best efforts to accelerate the vesting or exercisability of all outstanding employee stock options to purchase Company Common Stock, whether set forth in any stock option plan or plans of the Company ("COMPANY STOCK OPTION PLANS"), in an option agreement with the optionee or otherwise. On the Closing Date, the Company shall use its commercially reasonable best efforts to cause each such option (each, a "COMPANY OPTION") granted by the Company to purchase shares of Company Common Stock that is outstanding and unexercised immediately prior to Closing Date to be exercised, and the optionees thereunder (the "OPTIONEES") shall be deemed to be Sellers for purposes of Articles I and II of this Agreement. As required by Section 6.2(e) hereof, the Sellers shall cause each Optionee to deliver prior to the Option Closing a joinder agreement whereby each such Optionee agrees to be bound by the provisions of Articles I and II of this Agreement as if he or she were a Seller hereunder (each, a "JOINDER AGREEMENT").

Stock Option and Other Plans. (a) The Company shall, prior to the Option Closing Date, use its commercially reasonable best efforts to accelerate the vesting or exercisability of all outstanding employee stock options to purchase Company Common Stock, whether set forth in any stock option plan or plans of the Company ("COMPANY STOCK OPTION PLANS"), in an option agreement with the optionee or otherwise. On the Option Closing Date, the Company shall use its commercially reasonable best efforts to cause each such option (each, a "COMPANY OPTION") granted by the Company to purchase shares of Company Common Stock that is outstanding and unexercised immediately prior to Option Closing Date to be exercised, and the optionees thereunder (the "OPTIONEES") shall be deemed to be Sellers for purposes of Articles I and II of this Agreement. As required by Section 6.2(e) hereof, the Sellers shall cause each Optionee to deliver prior to the Option Closing a joinder agreement whereby each such Optionee agrees to be bound by the provisions of Articles I and II of this Agreement as if he or she were a Seller hereunder (each, a "JOINDER AGREEMENT").

Stock Option and Other Plans. (a) The Company shall, prior to the Option Closing Date, use its commercially reasonable best efforts to accelerate the vesting or exercisability of all outstanding employee stock options to purchase Company Common Stock, whether set forth in any stock option plan or plans of the Company ("COMPANY STOCK OPTION PLANS"), in an option agreement with the optionee or otherwise. On the Option Closing Date, the Company shall use its commercially reasonable best efforts to cause each such option (each, a "COMPANY OPTION") granted by the Company to purchase shares of Company Common Stock that is outstanding and unexercised immediately prior to Option Closing Date shall be deemed to be exercised, and the optionees thereunder (the "OPTIONEES") shall be deemed to be Sellers for purposes of Articles I and II of this Agreement. As required by Section 6.2(e) hereof, the Sellers shall cause each Optionee to deliver prior to the Option Closing a joinder agreement whereby each such Optionee agrees to be bound by the provisions of Articles I and II of this Agreement (other than the first sentence of Section 2.4(b)) as if he he, she or she it were a Seller hereunder (each, a "JOINDER AGREEMENT"). In addition, the Company shall cause the Common Stock Warrant Agreements, each dated November 1, 1999 issued to Grand Pacific Financing Corporation and Grand Pacific Finance Corporation (the "GP WARRANTS") to be exercised prior to or concurrent with the Closing.