Common use of Withholding in Shares Clause in Contracts

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable to the Participant upon such exercise a number of whole shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 30 contracts

Samples: Non Statutory Stock Option Agreement (Jamba, Inc.), Stock Option Agreement (Q2 Holdings, Inc.), Stock Option Agreement (Selectica Inc)

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Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable deliverable to the Participant upon such exercise in settlement of the Award a number of whole shares having a fair market value, as determined by the Company as of the date of exerciseon which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 26 contracts

Samples: Restricted Stock Units Agreement (NV5 Global, Inc.), Restricted Stock Units Agreement (MAGNACHIP SEMICONDUCTOR Corp), Restricted Stock Units Agreement (MAGNACHIP SEMICONDUCTOR Corp)

Withholding in Shares. The Company shall have the rightmay, but not the obligationin its discretion, to permit or require the Participant to satisfy all or any portion of a Participating the Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable deliverable to the Participant upon such exercise in settlement of the Award a number of whole shares having a fair market valueFair Market Value, as determined by the Company as of the date of exerciseon which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 9 contracts

Samples: Employment Agreement (Caseys General Stores Inc), Restricted Stock Units Agreement (Caseys General Stores Inc), Restricted Stock Units Agreement (Caseys General Stores Inc)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option Tax-Related Items by deducting from the shares of Stock otherwise issuable to the Participant upon such exercise a number of whole shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 2 contracts

Samples: Stock Option Agreement (Dts, Inc.), Stock Option Agreement (Dts, Inc.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock securities otherwise issuable deliverable to the Participant upon such exercise in settlement of the Award a number of whole shares securities having a fair market value, as determined by the Company as of the date of exerciseon which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 2 contracts

Samples: Deferred Units Agreement (Wayfair Inc.), Deferred Units Agreement (Wayfair LLC)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable to the Participant upon such exercise a number of whole shares having a fair market valueFair Market Value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 2 contracts

Samples: Stock Option Agreement (LDR Holding Corp), Stock Option Agreement (LDR Holding Corp)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s 's tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable to the Participant upon such exercise a number of whole shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 2 contracts

Samples: Stock Option Agreement (Cytori Therapeutics, Inc.), Stock Option Agreement (Zeltiq Aesthetics Inc)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock Common Shares otherwise issuable to the Participant upon such exercise a number of whole shares having a fair market valueFair Market Value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding ratesrates if required to avoid liability classification of the Option under the accounting principles adopted and used by the Company from time to time.

Appears in 2 contracts

Samples: Stock Option Agreement (Quipt Home Medical Corp.), Stock Option Agreement (Quipt Home Medical Corp.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable deliverable to the Participant upon such exercise in settlement of the Award a number of whole shares having a fair market value, as determined by the Company as of the date of exerciseon which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Paylocity Holding Corp)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option Tax-Related Items by deducting from the shares of Stock Shares otherwise issuable to the Participant upon such exercise a number of whole shares Shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Stock Option Agreement (Dts, Inc.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating the Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable deliverable to the Participant upon such exercise in settlement of the Award a number of whole shares having a fair market value, as determined by the Company as of the date of exerciseon which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (REVA Medical, Inc.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock Shares otherwise issuable to the Participant upon such exercise a number of whole shares Shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Share Option Agreement (Isola Group Ltd.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s the tax withholding obligations upon exercise of the Option by deducting from the shares of Stock Shares otherwise issuable to the Participant upon such exercise a number of whole shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates. Any Shares withheld may not be reissued under any circumstances.

Appears in 1 contract

Samples: Non Plan Stock Option Agreement (WSFS Financial Corp)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating the Company’s or any Affiliate’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock Shares otherwise issuable deliverable to the Participant upon such exercise in settlement of the Award a number of whole shares having a fair market value, as determined by the Company as of the date of exerciseon which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Everi Holdings Inc.)

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Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s the tax withholding obligations upon exercise of the Option by deducting from the shares of Stock Shares otherwise issuable to the Participant upon such exercise a number of whole shares Shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Stock Option Agreement (Dts, Inc.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s 's tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable to the Participant upon such exercise Award withholding a number of whole shares of Stock otherwise deliverable to the Participant upon the exercise of the Award having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (PROS Holdings, Inc.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating the Company’s or Affiliate’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock Shares otherwise issuable to the Participant upon such exercise a number of whole shares Shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Stock Option Agreement (Everi Holdings Inc.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a the Participating CompanyCompany Group’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock Shares otherwise issuable deliverable to the Participant upon such exercise in settlement of the Award a number of whole shares Shares having a fair market value, as determined by the Company as of the date of exerciseon which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Securities Purchase Agreement (AEye, Inc.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable deliverable to the Participant upon such exercise in settlement of the Award a number of whole shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of on which the amount of such tax withholding obligations determined by the applicable minimum statutory withholding ratesarise.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (PARTS iD, Inc.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable to the Participant upon such exercise a number of whole shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.withholding

Appears in 1 contract

Samples: Performance Stock Option Agreement (Kadmon Holdings, Inc.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s 's tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable deliverable to the Participant upon such exercise in settlement of the Award a number of whole shares having a fair market value, as determined by the Company as of the date of exerciseon which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Zeltiq Aesthetics Inc)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a the Participating CompanyCompany Group’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock Shares otherwise issuable deliverable to the Participant upon such exercise in settlement of the Award a number of whole shares Shares having a fair market valueFair Market Value, as determined by the Company as of the date of exerciseon which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (SmartRent, Inc.)

Withholding in Shares. The Company shall have the right, but not the obligation, to require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations the Tax Obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable to the Participant upon such exercise a number of whole shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations Tax Obligations determined by the applicable minimum statutory withholding rates.

Appears in 1 contract

Samples: Stock Option Agreement (LDR Holding Corp)

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