Examples of Newco Options in a sentence
Newco shall reserve a sufficient number of shares of Newco Common Stock for issuance pursuant to the Newco Options issued pursuant to Section 1.3(a)(ii) herein.
Holders of the Newco Options shall automatically, upon the approval and effectiveness of this Agreement, be subject to the terms and conditions of the Newco Employee Stock Option Plan, the form of which is attached hereto in the Disclosure Schedule.
From and after the Effective Time, grant letters, agreements, certificates and other instruments or documents, if any, formerly representing Hydrogenics RSUs, Hydrogenics DSUs and Hydrogenics Options, or rights thereto, shall represent only the Newco RSUs, Newco DSUs and Newco Options granted to the Hydrogenics RSU Holders, Hydrogenics DSU Holders and Hydrogenics Optionholders pursuant to Article 2.
For the sole purpose of calculating the number of shares of Newco Common Stock remaining due to SSI hereunder, the number of shares issuable upon exercise of such Newco Options shall be determined in accordance with the "treasury stock" methodology as set forth in the definition of the VERITAS Percentage Interest herein if the VERITAS Percentage Interest is determined on that basis.
Newco shall reserve a sufficient number of shares of Newco Common Stock for issuance pursuant to the exchange of Newco Options for Exchanged SSI Options, as provided for herein.
With respect to those individuals who subsequent to the Merger will be subject to the reporting requirements of Section 16(a) of the Exchange Act (as hereinafter defined), Newco shall administer the Stock Rights (including the Newco Options issued in exchange for any Exchanged SSI Option) in a manner that complies with Rule 16b-3 promulgated by the SEC under the Exchange Act.
If the treasury stock methodology is not used to determine the VERITAS Percentage Interest, then the number of shares issuable upon exercise of Newco Options issued with respect to Canceled SSI Options shall be determined in the same manner as used to determine the number of shares of Newco Common Stock issuable upon exercise of Newco Options received by VERITAS option holders in exchange for their VERITAS Options.
All shares of Common Stock underlying Newco Options assumed pursuant to Section 1.3(a)(iii) which terminate without being exercised by the Optionees shall be issued by Caldera to SCO on a quarterly basis.
Following the GE Transfer and the Dividend, the exercise price per share of each Newco Option will be reduced by the per share amount of the Dividend; provided that the Newco Options shall be further adjusted to the extent required to remain compliant with, or exempt from, the requirements of Section 409A of the Code and the Treasury Regulations issued thereunder (collectively, “Section 409A”).
The Newco Options shall be subject to the same terms and conditions (including vesting and expiration schedule) as applied to the corresponding Aspen Stock Option as of immediately prior to the Effective Time.