Second Option Agreement definition
Examples of Second Option Agreement in a sentence
The Second Option will continue to be subject to the terms, definitions and provisions of the Option Plan and the stock option agreement executed by Executive and the Company (the "Second Option Agreement"), both of which documents have been approved by the Board and are incorporated herein by reference.
This Second Option Agreement shall be governed by the laws of the State of Delaware, without giving effect to the conflict of laws principles thereof.
Unless otherwise resulting from the context, it shall be interpreted that the terms included herein in capital letters or whose first letter is a capital letter have the same meaning as has been assigned to them in the Second Option Agreement, as such is defined in Preamble Clause (iii) of this Agreement.
Any term, provision, covenant or restriction contained in this Second Option Agreement that is so found to be so broad as to be unenforceable shall be interpreted to be as broad as is enforceable.
Any term, provision, covenant or restriction contained in this Second 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 Second Option Agreement nor the validity or enforceability thereof in any other jurisdiction shall be affected or impaired thereby.
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 Second Option Agreement.
The Second Option will be subject to the terms, definitions and provisions of the Option Plan and the stock option agreement by and between Executive and the Company (the "Second Option Agreement").
The Second Option will be subject to the terms, definitions and provisions of the Option Plan and the stock option agreement to be executed by Executive and the Company (the "Second Option Agreement"), both of which documents are to be approved by the Board and will be at that time incorporated herein by reference.
The Borrower may not prepay a Loan or any part thereof save as expressly provided in this Agreement or as contemplated in the Second Option Agreement.
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.