Common use of TERMS OF COMPANY PURCHASE Clause in Contracts

TERMS OF COMPANY PURCHASE. If the Company intends to repurchase the Restricted Shares subject to repurchase, then it shall within sixty (60) days after termination of Optionee's employment mail written notice of its intent to repurchase the Restricted Shares and the number of Restricted Shares to be repurchased to the Optionee's last known address appearing in the personnel records of the Company. If the Company has not mailed notice within that period, the Restricted Shares will no longer be subject to repurchase by the Company. Upon receipt from the Optionee of the certificate for the Restricted Shares, duly endorsed in blank or accompanied by a duly endorsed blank stock power suitable for transferring the Shares to the Company, the Company shall send to the Optionee (or his or her representative or beneficiary) the purchase price for the Restricted Shares and a certificate for the shares which are not subject to repurchase or are not being repurchased by the Company. The purchase price for the Restricted Shares being repurchased may be payable by check, by cancellation or all or a portion of any outstanding indebtedness of the Optionee to the Company, or both. If the Company has not received the certificate for the Restricted shares by the time the Company is to prepared to pay the purchased price for such shares, then the Company, at its option, may coincident with the payment of the purchase price and/or cancellation of debt, make appropriate entries in the records of the Company to effect the transfer of the Restricted Shares to the Company free and clear of any liens or encumbrances.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (Allaire Corp), Nonstatutory Stock Option Agreement (Allaire Corp)

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TERMS OF COMPANY PURCHASE. If the Company intends to repurchase the Restricted Shares subject to repurchase, then it shall shall, within sixty (60) days after termination of the Optionee's employment employment, mail written notice of its intent to repurchase the Restricted Shares and the number of Restricted Shares to be repurchased to the Optionee's last known address appearing in the personnel records of the Company. If the Company has not mailed notice within that period, the Restricted Shares will no longer be subject to repurchase by the Company. Upon receipt from the Optionee of the certificate for the Restricted Shares, duly endorsed in blank or accompanied by a duly endorsed blank stock power suitable for transferring the Shares to the Company, the Company shall send to the Optionee (or his or her heir legatee, representative or beneficiaryguardian) the purchase price for the Restricted Shares and a certificate for the shares which are not subject to repurchase or are not being repurchased by the Company. The purchase price for the Restricted Shares being repurchased may be payable by check, by cancellation or of all or a portion of any outstanding indebtedness of the Optionee to the Company, or both. If the Company has not received the certificate for the Restricted shares Shares by the time the Company is to prepared to pay the purchased price for such shares, then the Company, at its option, may coincident with the payment of the purchase price and/or cancellation of debt, make appropriate entries in the records of the Company to effect the transfer of the Restricted Shares to the Company free and clear of any liens or encumbrances.

Appears in 1 contract

Samples: 1998 Stock Incentive Plan Nonstatutory Employee Stock Option Agreement (Allaire Corp)

TERMS OF COMPANY PURCHASE. If the Company intends to repurchase the Restricted Shares subject to repurchase, then it shall shall, within sixty (60) days after termination of the Optionee's employment employment, mail written notice of its intent to repurchase the Restricted Shares and the number of Restricted Shares to be repurchased to the Optionee's last known address appearing in the personnel records of the Company. If the Company has not mailed notice within that period, the Restricted Shares will no longer be subject to repurchase by the Company. Upon receipt from the Optionee of the certificate for the Restricted Shares, duly endorsed in blank or accompanied by a duly endorsed blank stock power suitable for transferring the Shares to the Company, the Company shall send to the Optionee (or his or her heir legatee, representative or beneficiaryguardian) the purchase price for the Restricted Shares and a certificate for the shares which are not subject to repurchase or are not being repurchased by the Company. The purchase price for the Restricted Shares being repurchased may be payable by check, by cancellation or of all or a portion of any outstanding indebtedness of the Optionee to the Company, or both. If the Company has not received the certificate for the Restricted shares Shares by the time the Company is to prepared to pay the purchased price for such shares, then the Company, at its option, may coincident with the payment of the purchase price and/or cancellation of debt, make appropriate entries in the records of the Company to effect the transfer of the Restricted Shares to the Company free and clear of any liens or encumbrances.4 5

Appears in 1 contract

Samples: 1998 Stock Incentive Plan Incentive Stock Option Agreement (Allaire Corp)

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TERMS OF COMPANY PURCHASE. If the Company intends to repurchase the Restricted Shares subject to repurchase, then it shall shall, within sixty (60) days after termination of the Optionee's employment employment, mail written notice of its intent to repurchase the Restricted Shares and the number of Restricted Shares to be repurchased to the Optionee's last known address appearing in the personnel records of the Company. If the Company has not mailed notice within that period, the Restricted Shares will no longer be subject to repurchase by the Company. Upon receipt from the Optionee of the certificate for the Restricted Shares, duly endorsed in blank or accompanied by a duly endorsed blank stock power suitable for transferring the Shares to the Company, the Company shall send to the Optionee (or his or her heir legatee, representative or beneficiaryguardian) the purchase price for the Restricted Shares and a certificate for the shares which are not subject to repurchase or are not being repurchased by the Company. The purchase price for the Restricted Shares being repurchased may be payable by check, by cancellation or of all or a portion of any outstanding indebtedness of the Optionee to the Company, or both. If the Company has not received the certificate for the Restricted shares Shares by the time the Company is to prepared to pay the purchased price for such shares, then the Company, at its option, may coincident with the payment of the purchase price and/or cancellation of debt, make appropriate entries in the records of the Company to effect the transfer of the Restricted Shares to the Company free and clear of any liens or encumbrances.the

Appears in 1 contract

Samples: Corporation 1998 Stock Incentive Plan Nonstatutory Employee Stock Option Agreement (Allaire Corp)

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