Common use of Subsequent Grants Clause in Contracts

Subsequent Grants. Upon the occurrence of each of the following events occurring (x) any time during Xxxxxx’x term of service, or (y) within twelve (12) months after the effective date of the termination of Xxxxxx’x service other than by Xxxxxx’x involuntary resignation or for Cause, the Company will issue to Xxxxxx the cumulative number of shares of common stock (the “Subsequent Grants”): (A) upon the Company’s attainment of market capitalization of $100,000,000 or more, 100,000 shares of fully-vested common stock; (B) upon the Company’s attainment of market capitalization of at least $200,000,000 or more, the shares specified under subsection (a)(ii)(A) to the extent not yet issued, plus 200,000 shares of fully-vested common stock; (C) upon the Company’s attainment of market capitalization of $300,000,000 or more, the shares specified under subsections (a)(ii)(A) and (B) to the extent not yet issued, plus 300,000 shares of fully-vested common stock; (D) upon the Company’s attainment of market capitalization of $400,000,000 or more, the shares specified under subsections (a)(ii)(A), (B) and (C) to the extent not yet issued, plus 400,000 shares of fully-vested common stock; and (E) upon the Company’s attainment of market capitalization of $500,000,000 or more, the shares specified under subsections (a)(ii)(A), (B), (C) and (D) to the extent not yet issued, plus 500,000 shares of fully-vested common stock. By way of example, if, as of the date that the Company’s market capitalization is first measured for purposes of this subsection (a)(ii), the market capitalization is determined to be $350,000,000, Xxxxxx would become entitled to receive 600,000 shares of fully-vested common stock, as the cumulative issuances under subsections (a)(ii)(A), (B) and (C).

Appears in 2 contracts

Samples: Director Appointment Agreement (Recovery Energy, Inc.), Non Executive Director Appointment Agreement (Recovery Energy, Inc.)

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Subsequent Grants. Upon the occurrence of each of the following events occurring (x) any time during Xxxxxx’x the Executive’s term of service, or (y) within twelve (12) 12 months after the effective date of the termination of Xxxxxx’x the Executive’s service other than by Xxxxxx’x involuntary the Executive’s voluntary resignation or for Cause, the Company will issue to Xxxxxx the Executive the cumulative number of shares of common stock Common Stock (the “Subsequent Grants”): (A) 1. upon the Company’s attainment of market capitalization of $100,000,000 or more, 100,000 shares of fully-vested common stockCommon Stock; (B) 2. upon the Company’s attainment of market capitalization of at least $200,000,000 or more, the shares specified under subsection (a)(ii)(Ac)(1) to the extent not yet issued, plus 200,000 shares of fully-vested common stockCommon Stock; (C) 3. upon the Company’s attainment of market capitalization of $300,000,000 or more, the shares specified under subsections (a)(ii)(Ac)(1) and (B2) to the extent not yet issued, plus 300,000 shares of fully-vested common stockCommon Stock; (D) 4. upon the Company’s attainment of market capitalization of $400,000,000 or more, the shares specified under subsections (a)(ii)(Ac)(1), (B2) and (C3) to the extent not yet issued, plus 400,000 shares of fully-vested common stockCommon Stock; and (E) 5. upon the Company’s attainment of market capitalization of $500,000,000 or more, the shares specified under subsections (a)(ii)(Ac)(1), (B2), (C3) and (D4) to the extent not yet issued, plus 500,000 shares of fully-vested common stockCommon Stock. By way of example, if, as of the date that the Company’s market capitalization is first measured for purposes of this subsection (a)(iic), the market capitalization is determined to be $350,000,000, Xxxxxx the Executive would become entitled to receive 600,000 shares of fully-vested common stockCommon Stock, as the cumulative issuances under subsections (a)(ii)(Ac)(1), (B2) and (C3).

Appears in 1 contract

Samples: Employment Agreement (Recovery Energy, Inc.)

Subsequent Grants. Upon the occurrence of each of the following events occurring (x) any time during Xxxxxx’x the Executive’s term of service, or (y) within twelve (12) 12 months after the effective date of the termination of Xxxxxx’x the Executive’s service other than by Xxxxxx’x involuntary the Executive’s voluntary resignation or for Cause, the Company will issue to Xxxxxx the Executive the cumulative number of shares of common stock Common Stock (the “Subsequent Grants”): (A1.) upon the Company’s attainment of market capitalization of $100,000,000 or more, 100,000 shares of fully-vested common stockCommon Stock; (B2.) upon the Company’s attainment of market capitalization of at least $200,000,000 or more, the shares specified under subsection (a)(ii)(Ac(1) to the extent not yet issued, plus 200,000 shares of fully-vested common stockCommon Stock; (C3.) upon the Company’s attainment of market capitalization of $300,000,000 or more, the shares specified under subsections (a)(ii)(Ac(1) and (B2) to the extent not yet issued, plus 300,000 shares of fully-vested common stockCommon Stock; (D4.) upon the Company’s attainment of market capitalization of $400,000,000 or more, the shares specified under subsections (a)(ii)(Ac(1), (B2) and (C3) to the extent not yet issued, plus 400,000 shares of fully-vested common stockCommon Stock; and (E5.) upon the Company’s attainment of market capitalization of $500,000,000 or more, the shares specified under subsections (a)(ii)(Ac(1), (B2), (C) 3), and (D4) to the extent not yet issued, plus 500,000 shares of fully-vested common stockCommon Stock. By way of example, if, as of the date that the Company’s market capitalization is first measured for purposes of this subsection (a)(ii)c, the market capitalization is determined to be $350,000,000, Xxxxxx the Executive would become entitled to receive 600,000 shares of fully-vested common stockCommon Stock, as the cumulative issuances under subsections (a)(ii)(Ac(1), (B2) and (C3).

Appears in 1 contract

Samples: Employment Agreement (Recovery Energy, Inc.)

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Subsequent Grants. Upon the occurrence of each of the following events occurring (x) any time during Xxxxxx’x term of service, or (y) within twelve (12) months after the effective date of the termination of Xxxxxx’x service other than by Xxxxxx’x involuntary resignation or for Cause, the Company will issue to Xxxxxx the cumulative number of shares of common Company stock (the “Subsequent Grants”): (A) upon the Company’s attainment of market capitalization of $100,000,000 or more, 100,000 shares of fully-vested common Company stock; (B) upon the Company’s attainment of market capitalization of at least $200,000,000 or more, the shares specified under subsection (a)(ii)(A) to the extent not yet issued, plus 200,000 shares of fully-vested common Company stock; (C) upon the Company’s attainment of market capitalization of $300,000,000 or more, the shares specified under subsections (a)(ii)(A) and (B) to the extent not yet issued, plus 300,000 shares of fully-vested common Company stock; (D) upon the Company’s attainment of market capitalization of $400,000,000 or more, the shares specified under subsections (a)(ii)(A), (B) and (C) to the extent not yet issued, plus 400,000 shares of fully-vested common Company stock; and (E) upon the Company’s attainment of market capitalization of $500,000,000 or more, the shares specified under subsections (a)(ii)(A), (B), (C) and (D) to the extent not yet issued, plus 500,000 shares of fully-vested common Company stock. By way of example, if, as of the date that the Company’s market capitalization is first measured for purposes of this subsection (a)(ii), the market capitalization is determined to be $350,000,000, Xxxxxx would become entitled to receive 600,000 shares of fully-vested common Company stock, as the cumulative issuances under subsections (a)(ii)(A), (B) and (C).

Appears in 1 contract

Samples: Non Executive Director Appointment Agreement (Recovery Energy, Inc.)

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