Examples of Xxxxxx Stock Option in a sentence
Other than pursuant to the Xxxxxx Stock Option Agreement, as of the date hereof, neither Dime nor any of its subsidiaries beneficially owns, directly or indirectly, or is party to any agreement, arrangement or understanding for the purpose of acquiring, holding, voting or disposing of, any shares of Xxxxxx Common Stock that are, or if owned would be, Exception Shares.
As an inducement to and condition of Xxxxxx'x willingness to enter into this Agreement and the Xxxxxx Stock Option Agreement (as defined in the following sentence), Dime will grant to Xxxxxx an option pursuant to a Stock Option Agreement (the "Dime Stock Option Agreement").
The Xxxxxx Stock Option Agreement shall continue in full force and effect in accordance with its terms.
As an inducement to and condition of Xxxx's willingness to enter into this Agreement and the Dime Stock Option Agreement, Xxxxxx will xxxxx to Dime an option pursuant to a Stock Option Agreement (the "Xxxxxx Stock Option Agreement" and, together with the Dime Stock Option Agreement, the "Stock Option Agreements").
Except as otherwise provided in this Section 2.4(a), each such adjusted Xxxxxx Stock Option or Xxxxxx Warrant shall continue to have, and shall be subject to, the same terms and conditions as applied to such Xxxxxx Stock Option or Xxxxxx Warrant as of immediately prior to the Reverse Split Time.
By: /s/ Xxxxxx Xxxxxxx ------------------- Xxxxxx Xxxxxxx, President Xxxxx Xxxxxx Stock Option Agreement, cont.
The number of shares of Xxxxxx Common Stock which are issuable upon exercise of each Xxxxxx Stock Option outstanding as of the date hereof and the exercise price per share are Previously Disclosed.
To the extent that, prior to the Reverse Split Time, the holder of a Xxxxxx Stock Option or Xxxxxx Warrant exercises such Xxxxxx Stock Option or Xxxxxx Warrant, the shares of Xxxxxx Common Stock issued to such holder on such exercise shall be treated as a share of Xxxxxx Common Stock for all purposes under this Agreement, including the Reverse Split and the First Merger.
The Xxxxxx Stock Option agreements shall have been delivered and the Registration Statement for the purpose of registering the shares necessary to satisfy Xxxxxx'x obligation with respect to the issuance of Xxxxxx Common Stock pursuant to the exercise of the Xxxxxx Stock Options shall have been declared effective.
The parties intend that the adjustments in this Section 2.4(a) are in accordance with Treasury Regulation Section 1.409A-1(b)(5)(v)(D) and will not subject any Xxxxxx Stock Option to Section 409A of the Code.