Stockholders Agreement; Consent of Spouse. As a condition to exercising this Option and receiving any stock certificates representing the Optioned Shares, (a) the Optionee shall, if so requested by the Company, execute and deliver to the Company the Stockholders Agreement, and become a “Holder” party thereto, and (b) if and to the extent required by the Committee, each and any person who is a spouse of the Optionee at any time on or after the Grant Date (including any person who becomes a spouse after the Grant Date) executes the Consent of Spouse attached hereto as Exhibit A. The Optionee shall have none of the rights of a stockholder with respect to the Optioned Shares until full payment therefor has been made and, if so requested by the Company, the Stockholders Agreement has been executed and delivered to the Company by the Optionee. Notwithstanding the foregoing, to the extent the Optioned Shares have become readily tradable on a nationally recognized exchange or market, then the foregoing provisions of clause (a) of this Section 5 shall not apply.
Appears in 12 contracts
Samples: Stock Option Agreement (KAYAK SOFTWARE Corp), Non Qualified Stock Option Agreement (KAYAK SOFTWARE Corp), Non Qualified Stock Option Agreement (KAYAK SOFTWARE Corp)