2008 Employee Stock Purchase Plan Sample Clauses


2008 Employee Stock Purchase Plan. Each participant in the 2008 ESPP, in exchange for the cancellation of their rights under the 2008 ESPP as set forth in Section 3.1(e) above, shall receive the per share Merger Consideration (with such payment to be subject to any applicable Tax withholding in accordance with Section 3.1(h) for a number of shares equal to the shares of Company Common Stock that would have been issued under the terms of the 2008 ESPP with respect to such participant's payroll deductions accumulated as of the Effective Time assuming the 2008 ESPP had been approved by the stockholders of the Company prior to the Effective Time and assuming that the purchase date under the 2008 ESPP was the Closing Date. The Company shall not commence any new purchase periods under the 2008 ESPP after the date hereof.