Examples of Newco Option Plan in a sentence
Notwithstanding the foregoing, in the event of a change of control of Newco, the board of directors may, in a manner it deems fair and reasonable, determine the manner in which all unexercised option rights granted under the Newco Option Plan will be treated including, without limitation, requiring the acceleration of the time for the exercise of such rights by the participants, the time for the fulfillment of any conditions or restrictions on such exercise, and the time for the expiry of such rights.
Accordingly, under the Newco Option Plan a participant that receives Newco Options under the Arrangement will, subject to the discretion of the board of directors, be deemed to be employed, engaged or to hold a position with Newco while that participant is employed, engaged or hold’s a position with the Company.
APPROVAL OF NEWCO’S STOCK OPTION PLAN As the Option Plan will not carry forward to Newco, and in contemplation of the Arrangement becoming effective, the sole director of Newco has adopted the Newco Option Plan.
The aggregate maximum number of Newco Common Shares available for issuance from treasury under the Newco Option Plan and all of Newco’s other security based compensation arrangements at any given time is 15% of the issued and outstanding Newco Common Shares as at the date of grant of a Newco Option, subject to certain adjustments.
Management of the Company recommends that Shareholders vote in favour of the foregoing resolutions to approve the Newco Option Plan.
All Newco Options granted under the Newco Option Plan will ordinarily terminate on the earlier of the expiry of their term and the date of termination of a participant’s employment, engagement or position, if terminated for cause; otherwise, 90 days following termination.
Subject to the foregoing, the Newco Option Plan does not provide for a maximum number of shares which may be issued to any one individual pursuant to the plan and any other share compensation arrangement (expressed as a percentage or otherwise).
Except in respect of the Newco Options that are expected to be granted pursuant to the Arrangement, the minimum exercise price of any Newco Options issued under the Newco Option Plan will be the last daily closing price per Newco Common Share on the TSX on the trading day immediately preceding the grant date.
The board of directors of Newco may, subject to receipt of regulatory approval, where required, in its sole discretion make all other amendments to the Newco Option Plan that are not of the type contemplated above.
Summary of Newco Option Plan Newco has adopted the Newco Option Plan in order to provide incentive compensation to directors, officers, employees and consultants of Newco and its subsidiaries as well as to assist Newco and its subsidiaries in attracting, motivating and retaining qualified directors, management personnel and consultants.