CISCO SYSTEMS, INC. STOCK OPTION ASSUMPTION AGREEMENTStock Option Assumption Agreement • May 15th, 2003 • Cisco Systems Inc • Computer communications equipment
As you know, on April 9, 2003 (the “Closing Date”) Cisco Systems, Inc. (“Cisco”) acquired Okena, Inc. (“Okena”) (the “Acquisition”). In the Acquisition, each share of Okena common stock was exchanged for 0.891105678 (the “Exchange Ratio”) of a share of Cisco common stock (“Cisco Stock”). On the Closing Date you held one or more outstanding options (the “Okena Options”) to purchase shares of Okena, Inc. common stock granted to you under the Okena, Inc. 1999 Stock Option and Grant Plan (the “Plan”), each documented with either an Incentive Stock Option Agreement or a Non-Qualified Stock Option Agreement and amended by a letter agreement executed by you waiving certain rights to receive accelerated vesting in connection with the Acquisition (such applicable Incentive Stock Option Agreement or Non-Qualified Stock Option Agreement, as amended, the “Option Agreement”) issued to you under the Plan. In accordance with the terms of the Acquisition, on the Closing Date Cisco assumed all obligati
Form of Incentive Stock Option AgreementIncentive Stock Option Agreement • May 15th, 2003 • Cisco Systems Inc • Computer communications equipment • Massachusetts
Pursuant to the Okena, Inc. Amended and Restated 1999 Stock Option and Grant Plan (the “Plan”), Okena, Inc., a Delaware corporation (together with all successors thereto, the “Company”), hereby grants to the person named above (the “Optionee”), who is an officer, employee, director, consultant or other key person of the Company or any of its Subsidiaries (as defined in the Plan), an option (the “Stock Option”) to purchase on or prior to the Expiration Date (as defined in Section 1(d) below), or such earlier date as is specified herein, all or any part of the number of shares of Common Stock, par value $.01 per share (“Common Stock”), of the Company indicated above (the “Option Shares,” and such shares once issued shall be referred to as the “Issued Shares”), at the option exercise price per share specified above (the “Option Exercise Price”), subject to the terms and conditions set forth in this Incentive Stock Option Agreement (the “Agreement”) and in the Plan. The term of this option
Form of Non-Qualified Stock Option AgreementNon-Qualified Stock Option Agreement • May 15th, 2003 • Cisco Systems Inc • Computer communications equipment • Massachusetts
Pursuant to the Okena, Inc. Amended and Restated 1999 Stock Option and Grant Plan (the “Plan”), Okena, Inc., a Delaware corporation (together with all successors thereto, the “Company”), hereby grants to the person named above (the “Optionee”), who is an officer, employee, director, consultant or other key person of the Company or any of its Subsidiaries (as defined in the Plan), an option (the “Stock Option”) to purchase on or prior to the Expiration Date (as defined in Section 1(d) below), or such earlier date as is specified herein, all or any part of the number of shares of Common Stock, par value $.01 per share (“Common Stock”), of the Company indicated above (the “Option Shares,” and such shares once issued shall be referred to as the “Issued Shares”), at the option exercise price per share specified above (the “Option Exercise Price”), subject to the terms and conditions set forth in this Non-Qualified Stock Option Agreement (the “Agreement”) and in the Plan. The term of this op
