Examples of Unit Option Agreement in a sentence
All Unit Options will be subject to the terms (including the vesting and exercisability terms) as set forth in the Kavacha Topco, LLC 2018Non-Qualified Unit Option Plan (the “ Option Plan”) and a Unit Option Agreement to which you will be a party (the “Unit Option Agreement”).
The undersigned Optionholder acknowledges receipt of, and understands and agrees to, this Option Grant Notice, the Unit Option Agreement, the Plan and the Operating Agreement.
Optionholder further acknowledges that as of the Date of Grant, this Option Grant Notice, the Unit Option Agreement, the Plan and the Operating Agreement set forth the entire understanding between the Optionholder and the Company regarding the purchase of Units in the Company.
Notwithstanding anything in the Option Plan, the Unit Option Agreement or this letter to the contrary, in the event that such sale proceeds include non-cash consideration, the value of such non-cash consideration shall be determined by the Board in its good faith discretion in order to determine if the above vesting thresholds have been met.
Any equity awards held by Executive as of the Effective Date are governed by the terms and conditions of the Desert Newco LLC 2011 Unit Incentive Plan (the “Incentive Plan”), the Desert Newco, LLC Unit Option Agreement, and the Management Equity and Unitholders Agreement (collectively, including the Incentive Plan, the “Equity Documents”).
The Company shall not be required to sell or issue any securities under any Unit Option Agreement if the sale or issuance of such securities would constitute a violation by the Holder, the individual exercising Unit Options, or the Company of any provisions of any law or regulation of any governmental authority, including without limitation any federal or state securities laws or regulations.
The Unit Option Price shall be fixed by the Board of Managers and stated in each Unit Option Agreement.
The interpretation and construction by the Board of Managers of any provision of this Plan, any Unit Option granted hereunder, or any Unit Option Agreement entered into hereunder shall be final and conclusive.
This option is subject to all of the terms and conditions as set forth herein and in the Unit Option Agreement, the Plan, the Notice of Exercise and the Company’s Operating Agreement (the “Operating Agreement”).
No member of the Board of Managers shall be liable for any action or determination made in good faith with respect to this Plan or any Unit Option granted or Unit Option Agreement entered into hereunder.