Common use of Recapitalization or Reorganization Clause in Contracts

Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than a transaction described in subparagraph B above) pursuant to which securities of the Company or of another corporation are issued with respect to the outstanding shares of Common Stock, an Optionee upon exercising an Option shall be entitled to receive for the purchase price paid upon such exercise, the securities he would have received if he had exercised his Option immediately prior to such recapitalization or reorganization.

Appears in 10 contracts

Samples: Incentive Stock Option Agreement (Biovest International Inc), Incentive Stock Option Agreement (Biovest International Inc), Incentive Stock Option Agreement (Biovest International Inc)

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Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than a transaction described in subparagraph B above) Corporate Transaction pursuant to which securities of the Company or of another corporation are issued with respect to the outstanding shares of Common Stockcommon stock of the Company, an Optionee the Participant upon exercising an the Option after the recapitalization or the reorganization shall be entitled to receive for the purchase price paid upon such exercise, exercise the number of replacement securities he which would have been received if he the Option had been exercised his Option immediately prior to such recapitalization or reorganization.

Appears in 5 contracts

Samples: Non Qualified Stock Option Agreement (Synta Pharmaceuticals Corp), Non Qualified Stock Option Agreement (Synta Pharmaceuticals Corp), Interleukin Genetics Inc

Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than in a transaction described in subparagraph A or B above) pursuant to which securities of the Company or of another corporation entity are issued with respect to the outstanding shares of Common Stock, an the Optionee upon exercising an Option the Options shall be entitled to receive for the purchase price paid upon such exercise, exercise the securities that he would have received if he had exercised his Option immediately the Options prior to such recapitalization or reorganization.

Appears in 3 contracts

Samples: Separation Agreement (Railamerica Inc /De), Employment Agreement (Railamerica Inc /De), Executive Employment Agreement (Railamerica Inc /De)

Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than a transaction described in subparagraph B (b) above) pursuant to which securities of the Company or of another corporation are issued with respect to substituted or exchanged for the outstanding shares of Common Stock, an the Optionee upon exercising an the Option shall be entitled to receive for the purchase price paid upon such exercise, Purchase Price the securities he which would have been received if he this Option had been exercised his Option immediately prior to such recapitalization or reorganization.

Appears in 2 contracts

Samples: Qualified Stock Option Agreement (Synta Pharmaceuticals Corp), Qualified Stock Option Agreement (Synta Pharmaceuticals Corp)

Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than a transaction described in subparagraph B A above) pursuant to which securities of the Company or of another corporation are issued with respect to the outstanding shares of Common Stock, an the Optionee upon exercising an this Option shall be entitled to receive for the purchase price paid upon such exercise, exercise the securities he would have received if he had exercised his this Option immediately prior to such recapitalization or reorganization.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (MEMSIC Inc), Non Qualified Stock Option Agreement (MEMSIC Inc)

Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than a transaction described in subparagraph B (b) above) pursuant to which securities of the Company or of another corporation are issued with respect to the outstanding shares of Common Stock, an the Optionee upon exercising an Option this option shall be entitled to receive for the purchase price paid upon such exercise, exercise the securities he he/she would have received if he he/she had exercised his Option immediately this option prior to such recapitalization or reorganization.

Appears in 2 contracts

Samples: XVT Software (Peregrine Systems Inc), XVT Software (Peregrine Systems Inc)

Recapitalization or Reorganization. In the event of a ---------------------------------- recapitalization or reorganization of the Company (other than a transaction described in subparagraph B subsection (b) above) pursuant to which securities of the Company or of another corporation are issued with respect to the outstanding shares of Common Stock, an Optionee Optionee, upon exercising an Option the Option, shall be entitled to receive for the purchase price paid upon such exercise, exercise the securities he would have received if he had exercised his such Option immediately prior to such recapitalization or reorganization.

Appears in 2 contracts

Samples: Non Qualified Stock Option Grant Agreement (Segue Software Inc), Non Qualified Stock Option Grant Agreement (Segue Software Inc)

Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than a transaction described in subparagraph B (b) above) pursuant to which securities of the Company or of another corporation are issued with respect to the outstanding shares of Common Stock, an the Optionee upon exercising an this Option shall be entitled to receive for the purchase price paid upon such exercise, exercise the securities he she would have received if he she had exercised his Option immediately this option prior to such recapitalization or reorganization.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Systemsoft Corp)

Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than a transaction described in subparagraph B aboveparagraph (b) of this Section 12) pursuant to which securities of the Company or of another corporation are issued with respect to the outstanding shares of Common Stock, an the Optionee upon exercising an the Option shall be entitled to receive for the purchase price paid upon such exercise, exercise the securities he or she would have received if he or she had exercised his the Option immediately prior to such recapitalization or reorganization.

Appears in 1 contract

Samples: Stock Option Agreement (Ade Corp)

Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than a transaction described in subparagraph B (ii) above) pursuant to which securities of the Company or of another corporation or entity are issued with respect to the outstanding shares of Common StockShares, an Optionee upon exercising an this Option shall be entitled to receive for the purchase price paid upon such exercise, exercise the securities he would have received if he had exercised his this Option immediately prior to such recapitalization or reorganization.

Appears in 1 contract

Samples: Option Agreement (Carrier1 International S A)

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Recapitalization or Reorganization. In the event of a ---------------------------------- recapitalization or reorganization of the Company (other than a transaction described in subparagraph B (b) above) pursuant to which securities of the Company or of another corporation are issued with respect to the outstanding shares of Common Stock, an Optionee optionee upon exercising an Option shall be entitled to receive for the purchase price paid upon such exercise, exercise the securities he would have received if he had exercised his Option immediately prior to such recapitalization or reorganization.

Appears in 1 contract

Samples: Reorganization Agreement (Infoseek Corp /De/)

Recapitalization or Reorganization. In the event of a recapitalization ---------------------------------- or reorganization of the Company Corporation (other than a transaction described in subparagraph B subsection (b) above) pursuant to which securities of the Company Corporation or of another corporation are issued with respect to the outstanding shares of Common Stock, an Optionee the Optionee, upon exercising an Option the Option, shall be entitled to receive for the purchase option price paid upon such exercise, exercise the securities he the Optionee would have received if he the Optionee had exercised his the Option immediately prior to such recapitalization or reorganization.

Appears in 1 contract

Samples: Non Qualified Option Agreement (Curagen Corp)

Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than a transaction described in subparagraph B above) pursuant to which securities of the Company or of another corporation are issued with respect to the outstanding shares of Common Stock, an Optionee optionee upon exercising an Option shall be entitled to receive for the purchase price paid upon such exercise, exercise the securities he or she would have received if he or she had exercised his such Option immediately prior to such recapitalization or reorganization.

Appears in 1 contract

Samples: Qualified Stock Option Agreement (Versatility Inc)

Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than a transaction described in subparagraph B Section 6(b) above) pursuant to which securities of the Company or of another corporation entity are issued with respect to the outstanding shares of Common Stock, an Optionee the Optionee, upon exercising an Option Option, shall be entitled to receive for the purchase price paid upon such exercise, exercise at least the equivalent of the securities he the Optionee would have received if he the Optionee had exercised his exe4cised the Option immediately prior to such recapitalization or reorganization.

Appears in 1 contract

Samples: Qualified Stock Option Agreement (First Scientific Inc)

Recapitalization or Reorganization. In the event of a recapitalization or reorganization of the Company (other than a transaction described an Acquisition as defined in subparagraph B aboveSection 16) pursuant to which securities of the Company or of another corporation are issued with respect to the outstanding shares of Common Stock, an the Optionee upon exercising an this Option shall be entitled to receive for the purchase price paid upon such exercise, exercise the securities he would have received if he had exercised his the Option immediately prior to such recapitalization or reorganization.

Appears in 1 contract

Samples: Qualified Stock Option Agreement (Dynagen Inc)

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