Examples of New Company Options in a sentence
All such New Company Options and New Company RSUs shall be issued in compliance with all applicable Legal Requirements.
The New Company Options and New Company RSUs shall in no way affect the calculation of the Participating Closing Amount Per Share or any other amount owing to the Closing Company Shareholders pursuant to the terms of this Agreement.
Prior to the Closing, at the written request of the Acquiror, the Company will adopt the 2010 Equity Incentive Plan to, among other things, permit the issuance of New Company Options and New Company RSUs on terms and conditions acceptable to the Acquiror and in accordance with Section 6.11 and provide for the issuance of Acquiror Common Stock upon the exercise or settlement of Assumed Awards following the Closing.
There are no other issued and outstanding shares or other securities in the capital of the Company and no outstanding commitments or Contracts to issue any shares or other securities in the capital of the Company other than (1) the New Company Options and New Company RSUs issuable or issued after the date hereof, (2) pursuant to the exercise of outstanding Company Options under the 2002 Option Plan and (3) pursuant to the exercise of outstanding Company Warrants.
At the Effective Time, each Company Unvested Option held by a Continuing Employee that is unexpired, unexercised and outstanding immediately prior to the Effective Time (including the New Company Options), shall, on the terms and subject to the conditions set forth in this Agreement, be assumed by Acquirer.
Prior to the Second Effective Time, the Company shall perform such actions as are required under the Company Stock Plans and the awards governing the New Company Options in order to effect the treatment of the New Company Options described in this Section 2.6(b)(iii).
Acquirer will not assume any New Company Options held by Persons that are not Continuing Employees.
In connection with the issuance of the New Company Options, Company also agrees to amend the Company Option Plan to the extent necessary to permit the grant of such New Company Options.
Acquirer makes no representations or warranties to the Company or to any holder of Company Capital Stock, New Company Options, Company Options or Company Warrants regarding the Tax treatment of the Merger, or any of the Tax consequences to the Company or any holder of Company Capital Stock, New Company Options, Company Options or Company Warrants under this Agreement, the Merger or any of the other transactions or agreements contemplated hereby.
As of the Closing, no other Person not disclosed in the Spreadsheet will have a right to acquire any shares of Series E Preferred Stock or New Company Options from the Company.