Outstanding Stock Options. (a) Offeror acknowledges and agrees that:
Outstanding Stock Options. Subject to obtaining all necessary regulatory approvals, Agnico-Eagle and the Board of Directors shall take the necessary actions to provide that each Option holder shall receive upon the exercise of such options after a Subsequent Acquisition Transaction or a Compulsory Acquisition, in accordance with the terms of such Options, and shall accept in lieu of the number of Company Shares otherwise issuable upon such exercise, the number of Agnico-Eagle Shares that such holder would have been entitled to receive as a result of the Offer, if such holder was the registered holder of the number of Company Shares to which such holder was entitled upon such exercise immediately prior to the effective time of a Subsequent Acquisition Transaction and otherwise on the same terms and conditions as the Options. To the extent permitted by the terms of the Stock Option Plan, Agnico-Eagle and the Board of Directors shall take the necessary actions under the Stock Option Plan resulting in any Option held by an optionholder who ceases to be an Eligible Person (as defined in the Stock Option Plan) continuing in effect for the duration of the term of such Option.
Outstanding Stock Options o As of April 11, 2002 there were options outstanding to acquire 6,411,223 shares of LendingTree, Inc. common stock. OUTSTANDING COMMON STOCK WARRANTS o As of April 11, 2002 there were warrants to acquire 399,710 shares of LendingTree, Inc. common stock outstanding. COMMON STOCK ISSUABLE UPON CONVERSION OF SERIES A PREFERRED STOCK o As of April 11, 2002 the 6,842,858 outstanding shares of Series A Preferred Stock were convertible into 7,489,443 shares of LendingTree, Inc. common stock. Pursuant to the Certificate of Designations, Preferences and Rights of Series A 8% Convertible Preferred Stock of LendingTree, Inc., the holders of the Series A Preferred Stock have certain preemptive rights. See Schedule 3.4. The holders of Series A Preferred Stock also have certain redemption rights pursuant to the Certificate of Designations. COMMON STOCK RESERVED FOR ISSUANCE o LendingTree, Inc. has an Employee Stock Purchase Plan, under which a total of 550,000 shares of LendingTree, Inc. common stock have been reserved for issuance. As of April 11, 2002, a total of 286,975 shares have been issued under this plan. o LendingTree, Inc. maintains the 1997 Stock Option Plan, the 1998 Stock Option Plan, the 1999 Stock Option Plan and the 2001 Stock Incentive Plan under which there are, as of April 11, 2002, a combined 1,322,846 shares of Common Stock available for the grant of options in the future. TREASURY STOCK o As of April 11, 2002 there were 664,321 shares of issued, but not outstanding shares of LendingTree common stock accounted for as Treasury Stock of LendingTree, Inc. POTENTIALLY ISSUABLE SECURITIES LendingTree, Inc. and the Federal Home Loan Mortgage Corporation are parties to a credit facility agreement requires that a portion of the quarterly interest payments be in the form of warrants to purchase our common stock at an exercise price of $.01 per share. The amount of warrants to be issued will be calculated by dividing the amount of interest to be paid in the form of warrants by $3.99. The amount of interest expense that we will record will be based upon the estimated fair value of the warrants on the date that they are issued. As of April 11, 2002, no amounts had been borrowed under this facility and no warrant-based interest charges had been incurred. The Federal Home Loan Mortgage Corporation would also be entitled to additional warrants if LendingTree, Inc. issues any shares of common stock or convertible securities at a price less than the fair market val...
Outstanding Stock Options. The provisions of this Agreement are not and shall not be interpreted to change the terms of any outstanding stock options previously granted by the Bank to Executive. Without limiting the foregoing, the provisions regarding the grant of options to Executive set forth in Paragraph 4.4 of the Former Employment Agreement are not amended by this Agreement and shall be deemed included in this Agreement, and the references in that paragraph to other provisions of the Former Employment Agreement are hereby incorporated by reference for the limited purpose of continuing to effectuate the agreement of the parties set forth in Paragraph 4.4 of the Former Employment Agreement. The parties intend that this Agreement be considered as establishing an “extended term” for purposes of that provision.
Outstanding Stock Options. (a) The Company agrees to give notice promptly following the mailing of the Offer Documents to all persons holding Options of (i) the vesting of all unvested Options and (ii) the termination of all non-exercised Options as of 4:00 p.m. (Vancouver time) on the 35th day after the Offer is mailed, in each case conditional upon the Offeror being bound to take up and pay for Shares under the Offer. The Company further agrees to use its commercially reasonable efforts to either:
Outstanding Stock Options. (a) The Company and the Offeror agree that:
Outstanding Stock Options. The Company represents that all outstanding options granted pursuant to the stock option plan or otherwise exceed their respective exercise prices, and agrees and represents that the Board has determined unanimously to use its and their respective reasonable commercial efforts to encourage all persons holding options to purchase Common Shares pursuant to the Company’s stock option plan or otherwise, to either (a) exercise their options (which may include a conditional exercise for the purposes of tendering to the Offer) prior to the expiry of the Offer and to deposit all Common Shares issued in connection therewith to the Offer as more particularly described in Section 2(b)(i) of the form of Lock-Up Agreement attached as Schedule 2.2(a)(iv) hereto; or (b) subject to receipt of any necessary regulatory approvals, elect to receive cash payments from the Company, as described in Section 2(b)(ii) of the form of Lock-Up Agreement attached as Schedule 2.2(a)(iv) hereto, other than those Shareholders respectively who are parties to a Lock-Up Agreement in respect of whom the provisions of the applicable Lock-Up Agreement executed by such Shareholder shall apply.
Outstanding Stock Options. (a) Subject to the receipt of all required regulatory approvals, Alcan will make such amendments to the Stock Option Plans and take all such other steps as may be necessary or desirable to
Outstanding Stock Options. On the date on which the stockholders of the Company approve the adoption of this Agreement, all employee stock options then outstanding under the Company's 1995 Incentive Stock Plan, as amended, and 1995 Non-Employee Director Stock Option Plan, as amended (collectively, the "Stock Option Plans"), to the extent not otherwise exercisable by their terms, shall become immediately exercisable at the exercise price set forth in such options. The holder of an option may elect to exercise such option pursuant to the terms of the Stock Option Plans and receive shares of Common Stock, which shares would then be converted into the right to receive $24.00 in cash in accordance with Section 3.1(a) hereof. Any options not so exercised shall thereupon terminate and each such option holder shall be entitled to receive $24.00 in cash, less the exercise price and applicable taxes, for each share of Common Stock that the holder would have been entitled to receive upon exercise of the option if the Merger had not been consummated.
Outstanding Stock Options. (a) Barrick acknowledges and agrees that:
