TRANSFERRED SHARES REMAIN SUBJECT TO RESTRICTIONS. In the event the Company (or its assignees) do not elect to acquire all of the shares specified in the Employee's notice, the Employee may, within the sixty (60) day period following the expiration of the forty-five (45) day period for electing to exercise the purchase rights granted to the Company (and its assignees) in Section 4.2, transfer the shares in the manner specified in his or her notice. In that event, the transferee, assignee or other recipient shall, as a condition of the transfer of ownership, receive and hold such shares subject to the provisions of Sections 4, 5, 10, 13-21 of this Agreement and shall execute such documentation as may be requested by the Company, including, but not limited to, an investment representation letter containing provisions similar to those set forth in the Notice of Exercise and Investment Representation Statement attached as EXHIBIT A hereto.
Appears in 3 contracts
Samples: Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp)
TRANSFERRED SHARES REMAIN SUBJECT TO RESTRICTIONS. In the event the Company (or its assignees) do not elect to acquire all of the shares specified in the Employee's notice, the Employee may, within the sixty (60) day period following the expiration of the forty-five (45) day period for electing to exercise the purchase rights granted to the Company (and its assignees) in Section 4.2, transfer the shares in the manner specified in his or her notice. In that event, the transferee, assignee or other recipient shall, as a condition of the transfer of ownership, receive and hold such shares subject to the provisions of Sections 4, 5, 10, 13-21 20 of this Agreement and shall execute such documentation as may be requested by the Company, including, but not limited to, an investment representation letter containing provisions similar to those set forth in the Notice of Exercise and Investment Representation Statement attached as EXHIBIT A hereto.
Appears in 2 contracts
Samples: Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp)
TRANSFERRED SHARES REMAIN SUBJECT TO RESTRICTIONS. In the event the Company (or its assignees) do not elect to acquire all of the shares Vested Shares specified in the Employee's notice, the Employee may, within the sixty (60) day period following the expiration of the forty-five (45) day period for electing to exercise the purchase rights granted to the Company (and its assignees) in Section 4.25.2, transfer the shares number of Vested Shares in the manner specified in his or her notice. In that event, the transferee, assignee or other recipient shall, as a condition of the transfer of ownership, ownership receive and hold such shares subject to the provisions of Sections 4, 5, 106, 11 and 13-21 22 of this Agreement Agreement, and shall execute such documentation as may be requested by the Company, including, but not limited to, an investment representation letter containing provisions similar to those set forth in the Notice of Exercise and Investment Representation Statement attached as EXHIBIT Exhibit A hereto.
Appears in 2 contracts
Samples: Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp)
TRANSFERRED SHARES REMAIN SUBJECT TO RESTRICTIONS. In the event ------------------------------------------------- the Company (or its assignees) do not elect to acquire all of the shares Vested Shares specified in the EmployeeConsultant's notice, the Employee Consultant may, within the sixty thirty (6030) day period following the expiration of the forty-five thirty (4530) day period for electing to exercise the purchase rights granted to the Company (and its assignees) in Section 4.25.2, transfer the shares number of Vested Shares in the manner specified in his or her notice. In that event, the transferee, assignee or other recipient shall, as a condition of the transfer of ownership, receive and hold such shares subject to the provisions of Sections 4, 5, 10, 13-21 of this Agreement Section 5 (and also subject to other applicable provisions hereof) and shall execute such documentation as may be requested by the Company, including, but not limited to, an investment representation letter containing provisions similar to those set forth in the Notice of Exercise and Investment Representation Statement attached as EXHIBIT Exhibit A --------- hereto.
Appears in 1 contract
TRANSFERRED SHARES REMAIN SUBJECT TO RESTRICTIONS. In the event the Company (or and its assignees) do not elect to acquire all of the shares specified in the Employee's notice, the Employee may, within the sixty (60) day period following the expiration of the forty-five thirty (4530) day period for electing to exercise the purchase rights granted to the Company (and its assignees) in Section 4.2, transfer the shares in the manner specified in his or her notice. In that event, the transferee, assignee or other recipient shall, as a condition of the transfer of ownership, receive and hold such shares subject to the provisions of Sections 4, 5, 10, 13-21 of this Agreement Section 4 (and also subject to any other applicable provisions hereof) and shall execute such documentation as may be requested by the Company, including, but not limited to, an investment representation letter containing provisions similar to those set forth in the Notice of Exercise and Investment Representation Statement attached as EXHIBIT Exhibit A hereto.
Appears in 1 contract
Samples: Employee Incentive Stock Option Agreement (Portola Packaging Inc)
TRANSFERRED SHARES REMAIN SUBJECT TO RESTRICTIONS. In the event the Company (or and its assignees) do not elect to acquire all of the shares specified in the EmployeeOptionee's notice, the Employee Optionee may, within the sixty (60) day period following the expiration of the forty-five thirty (4530) day period for electing to exercise the purchase rights granted to the Company (and its assignees) in Section 4.2, transfer the shares in the manner specified in his or her its notice. In that event, the transferee, assignee or other recipient shall, as a condition of the transfer of ownership, receive and hold such shares subject to the provisions of Sections 4, 5, 10, 13-21 of this Agreement Section 4 (and also subject to any other applicable provisions hereof) and shall execute such documentation as may be requested by the Company, including, but not limited to, an investment representation letter containing provisions similar to those set forth in the Notice of Exercise and Investment Representation Statement attached as EXHIBIT Exhibit A hereto.
Appears in 1 contract
Samples: Employee Incentive Stock Option Agreement (Portola Packaging Inc)