CISCO SYSTEMS, INC. STOCK OPTION ASSUMPTION AGREEMENTStock Option Assumption Agreement • January 18th, 2007 • Cisco Systems Inc • Computer communications equipment • California
As you know, on January 5, 2007, (the “Closing Date”) Cisco Systems, Inc. (“Cisco”) acquired Tivella, Inc. (“Tivella”) (the “Acquisition”) pursuant to the Agreement and Plan of Merger by and among Cisco Systems, Inc., Anakin Acquisition Corp., and Tivella dated December 14, 2006 (the “Merger Agreement”). On the Closing Date you held one or more outstanding options to purchase shares of Tivella common stock granted to you under either of the 2002 Stock Option Plan or the 2006 Stock Incentive Plan (herein referred to collectively as the “Plans”). Pursuant to the Merger Agreement, on the Closing Date, Cisco assumed all obligations of Tivella under your outstanding option (or options). This Stock Option Assumption Agreement (the “Agreement”) evidences the terms of Cisco’s assumption of an option (or options) to purchase Tivella common stock granted to you under either of the Plans (the “Tivella Option(s)”), and documented by a stock option agreement (or stock option agreements) and any ame
TIVELLA, INC. INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • January 18th, 2007 • Cisco Systems Inc • Computer communications equipment
Tivella, Inc., a California corporation (the “Company”) hereby grants to the optionee named above (the “Optionee”) an option to purchase the amount of shares of Common Stock set forth above (the “Shares”) of the Company, at the Exercise Price set forth above and on the terms set forth herein, and in all respects subject to the terms and provisions of the Company’s 2002 Stock Option Plan (the “Option Plan”) applicable to incentive stock options, which terms and provisions hereby are incorporated by reference herein. Unless the context herein otherwise requires, the terms defined in the Option Plan shall have the same meanings herein.
