First Option Agreement definition
Examples of First Option Agreement in a sentence
This First Option Agreement shall be governed by the laws of the State of Delaware, without giving effect to the conflict of laws principles thereof.
Nothing in this First Option Agreement, expressed or implied, is intended to confer upon any party, other than the parties hereto, and their respective successors and assigns, any rights, remedies, obligations, or liabilities under or by reason of this First Option Agreement, except as expressly provided herein.
Any term, provision, covenant or restriction contained in this First Option Agreement held by a court or other Governmental Authority of competent jurisdiction to be invalid, void or unenforceable shall be ineffective to the extent of such invalidity, voidness or unenforceability, but neither the remaining terms, provisions, covenants or restrictions contained in this First Option Agreement nor the validity or enforceability thereof in any other jurisdiction shall be affected or impaired thereby.
Periods of time that otherwise would run pursuant to this First Option Agreement shall also be extended to the extent necessary in order to avoid liability under Section 16(b) of the Exchange Act.
This provision is without prejudice to any other rights that either party hereto may have against the other party hereto for any failure to perform its obligations under this First Option Agreement.
The First Option will continue to be subject to the terms, definitions and provisions of the Company's Nonstatutory Stock Option Plan (the "Option Plan") and the stock option agreement executed by Executive and the Company (the "First Option Agreement"), both of which documents have been approved by the Board and are incorporated herein by reference.
The First Option will be subject to the terms, definitions and provisions of the Company's Nonstatutory Stock Option Plan (the "Option Plan") and the stock option agreement to be executed by Executive and the Company (the "First Option Agreement"), both of which documents are to be approved by the Board and will be at that time incorporated herein by reference.
The First Option will be subject to the terms, definitions and provisions of the Company's Stock Plan (the "Option Plan") and the stock option agreement by and between Executive and the Company (the "First Option Agreement"), both of which documents are incorporated herein by reference.
This Second Option Agreement, the First Option Agreement, the Purchase Agreement (including the documents and the instruments referred to therein or delivered in connection therewith) and the Registration Rights Agreement constitute the entire agreement between the parties and supersede all prior agreements and understandings, agreements or representations by or between the parties, written and oral, with respect to the subject matter hereof and thereof.
Any provision of this First Option Agreement may be waived in writing at any time by the party that is entitled to the benefits of such provision.