FORM OF PROMISE TO GRANT STOCK OPTION(S) --------------------------------Promise to Grant Stock Option(s) • December 5th, 2001 • Evolve Software Inc • Services-prepackaged software
Contract Type FiledDecember 5th, 2001 Company IndustryIn exchange for your agreement to cancel certain stock options ("Old Option(s)") you received from Evolve Software, Inc. ("Evolve"), Evolve hereby promises to grant you a stock option or options, as applicable, covering _________ shares of Evolve's common stock on July 8, 2002 (the "New Option(s)"), which is the same number of shares subject to the options which you tendered for exchange and which were cancelled on January 4, 2002. The exercise price of each New Option will be the closing price of Evolve's common stock as listed on the Nasdaq National Market on July 8, 2002, except as otherwise set forth in the Exchange Offer Documents (as defined below). Each New Option will vest according to the same vesting schedule as the Old Option it replaces, subject to your continued employment with Evolve, as described below. Each New Option will otherwise be subject to the standard terms and conditions under Evolve's 2000 Stock Plan and applicable form of stock option agreement.
FORM OFPromise to Grant Stock Option(s) • November 13th, 2001 • MGM Mirage • Services-miscellaneous amusement & recreation
Contract Type FiledNovember 13th, 2001 Company IndustryThis promise is subject to the terms and conditions of the offer to exchange dated November 13, 2001, the letter from J. Terrence Lanni, Chairman of the Board and Chief Executive Officer of MGM MIRAGE, dated November 13, 2001, and the election form previously completed and submitted by you to MGM MIRAGE, all of which are incorporated herein by reference and together, as they may be amended from time to time, constitute the "offer." The documents referred to herein reflect the entire agreement between you and MGM MIRAGE with respect to this transaction. This promise may only be amended by means of a writing signed by you and a duly authorized officer of MGM MIRAGE. As soon as practicable following the grant of the replacement options, MGM MIRAGE will deliver to you a duly executed option agreement reflecting the foregoing. The agreement will contain an acknowledgement to the effect that the option agreement(s) with respect to the cancelled option(s) is of no further force or effect, eff
FORM OF PROMISE TO GRANT STOCK OPTION(S) --------------------------------Promise to Grant Stock Option(s) • November 16th, 2001 • Pinnacle Systems Inc • Photographic equipment & supplies
Contract Type FiledNovember 16th, 2001 Company IndustryIn exchange for your agreement to cancel certain stock options ("the Old Option(s)") you received from Pinnacle Systems, Inc. ("Pinnacle"), Pinnacle hereby promises to grant you a stock option or options, as applicable, covering [_________] shares of Pinnacle's common stock on or about June 19, 2002 (the "New Option(s)"), which is the same number of shares subject to the Old Options which you tendered for exchange and which were cancelled on December 18, 2001 (the "Cancellation Date"). The exercise price of each New Option will be the closing price of Pinnacle's common stock as listed on the Nasdaq National Market on June 19, 2002, except as otherwise set forth in the Exchange Offer Documents (as defined below).
FORM OF PROMISE TO GRANT STOCK OPTION(S) --------------------------------Promise to Grant Stock Option(s) • June 19th, 2001 • Entrust Inc • Services-computer programming services
Contract Type FiledJune 19th, 2001 Company IndustryIn exchange for your agreement to cancel certain stock options ("Old Option(s)") you received from Entrust, Inc. ("Entrust"), Entrust will grant you a stock option or options, as applicable, covering [_________] shares of Entrust's common stock on or about January 31, 2002 (the "New Option(s)"). If you are a resident of either the United States or the United Kingdom for tax purposes and are not subject to the tax laws of Canada, the exercise price of each New Option will be the closing price of Entrust's common stock as listed on the Nasdaq National Market on January 31, 2002, except as otherwise set forth in the Exchange Offer Documents (as defined below). If you are a resident of Canada for tax purposes, the exercise price of each New Option will be the greater of (i) the closing price of Entrust's common stock as listed on the Nasdaq National Market on January 31, 2002 and (ii) the closing price of Entrust's common stock as listed on the Nasdaq National Market on July 30, 2001, the
FORM OF PROMISE TO GRANT STOCK OPTION(S)Promise to Grant Stock Option(s) • June 25th, 2001 • Resonate Inc • Services-prepackaged software
Contract Type FiledJune 25th, 2001 Company IndustryIn exchange for your agreement to cancel certain stock options ("Old Option(s)") you received from Resonate Inc. ("Resonate"), Resonate hereby promises to grant you a stock option or options, as applicable, covering [_________] shares of Resonate's common stock on January 31, 2002 (the "New Option(s)"), which is the same number of shares subject to the options which you tendered for exchange and which were cancelled on July 30, 2001. The exercise price of each New Option will be the closing price of Resonate's common stock as listed on the Nasdaq National Market on January 31, 2002, except as otherwise set forth in the Exchange Offer Documents (as defined below). Each New Option will vest according to the same vesting schedule as the Old Option it replaces, subject to your continued employment with Resonate, as described below. Each New Option will otherwise be subject to the standard terms and conditions under Resonate's 2000 Stock Plan and applicable form of stock option agreement.
FORM OF PROMISE TO GRANT STOCK OPTION(S)Promise to Grant Stock Option(s) • December 28th, 2001 • Wink Communications Inc • Radio & tv broadcasting & communications equipment
Contract Type FiledDecember 28th, 2001 Company IndustryIn exchange for your agreement to cancel certain stock options ("Old Option(s)") you received from Wink Communications, Inc. ("Wink"), Wink hereby promises to grant you a stock option or options, as applicable, to purchase [_________] shares of Wink's common stock on July 31, 2002 (the "New Option(s)"). The exercise price of each New Option will be the closing price of Wink's common stock as listed on the Nasdaq National Market on July 31, 2002, except as otherwise set forth in the Exchange Offer Documents (as defined below). Each New Option will vest according to the same vesting schedule as the Old Option it replaces, subject to your continued employment with Wink, as described below. Each New Option will otherwise be subject to the standard terms and conditions under Wink's 1999 Stock Plan, as amended, and applicable form of stock option agreement.
FORM OF PROMISE TO GRANT STOCK OPTION(S)Promise to Grant Stock Option(s) • February 22nd, 2002 • Decorator Industries Inc • Miscellaneous fabricated textile products
Contract Type FiledFebruary 22nd, 2002 Company IndustryIn exchange for your agreement to cancel certain stock options ("Old Option(s)") you received from Decorator Industries, Inc. ("Decorator"), Decorator hereby promises to grant you a stock option or options, as applicable (the "New Option(s)"), covering [______] shares of Decorator's common stock no earlier than September 24, 2002 and no later than December 31, 2002, or, if Decorator extends the exchange offer, a date which is no earlier than six months and a day following the cancellation date of the Old Options (the "New Grant Date"). The exercise price of each New Option will be the closing price of Decorator's common stock as listed on the American Stock Exchange on the New Grant Date. Each New Option will vest sixty percent (60%) on the New Grant Date, an additional twenty percent (20%) on the first anniversary of the New Grant Date and the remaining twenty percent (20%) on the second anniversary of the New Grant Date, subject to your continued employment with Decorator, as describ