Board Authority to Make Adjustments. Any adjustments under this Section 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect to Shares on account of any such adjustments.
Appears in 7 contracts
Samples: Restricted Stock Award Agreement (Staples Inc), Restricted Stock Award Agreement (Staples Inc), Restricted Stock Award Agreement (Staples Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of DirectorsDirectors of the Company, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect to Shares this option on account of any such adjustments.
Appears in 5 contracts
Samples: Non Qualified Stock Option Agreement (Network Appliance Inc), Roving Software Incorporated (Constant Contact, Inc.), Qualified Stock Option Agreement (Network Appliance Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this Option on account of any such adjustments.
Appears in 4 contracts
Samples: Incentive Stock Option Agreement (Verenium Corp), Celunol Corp (Diversa Corp), Incentive Stock Option Agreement (Diversa Corp)
Board Authority to Make Adjustments. Any adjustments under this Section 8 will be made by the Board of DirectorsDirectors and/or the Compensation Committee, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares Shares will be issued with respect pursuant to Shares this Option on account of any such adjustments.
Appears in 4 contracts
Samples: Qualified Stock Option Agreement (Medianet Group Technologies Inc), Non Qualified Stock Option Agreement (Metropolitan Health Networks Inc), Non Qualified Stock Option Agreement (Medianet Group Technologies Inc)
Board Authority to Make Adjustments. Any adjustments Adjustments under this Section 8 7 will be made by the Board of DirectorsCommittee, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding final and conclusivebinding. No fractional shares will be issued with respect pursuant to Shares this Option on account of any such adjustments.
Appears in 4 contracts
Samples: Nonstatutory Stock Option Agreement (Tile Shop Holdings, Inc.), Incentive Stock Option Agreement (Global Eagle Entertainment Inc.), Incentive Stock Option Agreement (Tile Shop Holdings, Inc.)
Board Authority to Make Adjustments. Any adjustments under this Section 8 7 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect to Shares on account of any such adjustments.
Appears in 4 contracts
Samples: Performance Share Award Agreement (Staples Inc), Award Agreement (Staples Inc), Staples Inc
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof thereof' will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 3 contracts
Samples: Employment Agreement (Assuretec Holdings Inc), Employment Agreement (Assuretec Holdings Inc), Employment Agreement (Assuretec Holdings Inc)
Board Authority to Make Adjustments. Any adjustments adjustment under this Section 8 9 will be made by the Board of Directors, whose determination as to what adjustmentsadjustment, if any, will be made and the extent thereof will be final, binding and conclusive. No Upon exercise of this Option, the Company, in its sole discretion, may pay to the Optionee cash equal to the fair market value of any fractional shares will be issued with respect to Shares on account of created by any such adjustmentsadjustment.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (Clinical Data Inc), Non Qualified Stock Option Agreement (Clinical Data Inc), Incentive Stock Option Agreement (Clinical Data Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect to Shares on account of any such adjustments.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (Shiwana, Inc.), Option Agreement (Globe Manufacturing Corp), Option Agreement (Globe Manufacturing Corp)
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of DirectorsBoard, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 2 contracts
Samples: Form of Option Offering Agreement (iKang Healthcare Group, Inc.), Incentive Stock Option Agreement (Curis Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 8 6 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect to Shares on account of any such adjustments.
Appears in 2 contracts
Samples: Special Performance Share Award Agreement (Staples Inc), Staples Inc
Board Authority to Make Adjustments. Any adjustments under this Section 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares his option on account of any such adjustments.
Appears in 2 contracts
Samples: Non Statutory Stock Option Agreement (Distributed Energy Systems Corp), Nonstatutory Stock Option Agreement (Distributed Energy Systems Corp)
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, any will be made and the extent thereof will be final, binding and conclusive. No Upon exercise of this option, the Company may at the discretion of the Board of Directors, pay to the Optionee cash equal to the fair market value of any fractional shares will be issued with respect to Shares on account of created by any such adjustments.
Appears in 2 contracts
Samples: Incentive Stock Option Agreement (Smart Video Technologies Inc), Incentive Stock Option Agreement (Smart Video Technologies Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect to Shares under the Option on account of any such adjustments.
Appears in 2 contracts
Samples: Plan and Agreement (Interleaf Inc /Ma/), Plan and Agreement (Interleaf Inc /Ma/)
Board Authority to Make Adjustments. Any adjustments under this Section 8 will be made by the Board of DirectorsBoard, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 2 contracts
Samples: Nonstatutory Stock Option Agreement (Curis Inc), Nonstatutory Stock Option Agreement (Curis Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of DirectorsDirectors of the Company, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect to the Purchased Shares on account of any such adjustments.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Constant Contact, Inc.)
Board Authority to Make Adjustments. Any adjustments Adjustments under this Section 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect to Shares under this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this ----------------------------------- Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Banyan Systems Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive; provided, however, that no such adjustment shall adversely affect or compromise the rights of the Optionee hereunder. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments Adjustments under this Section 8 will be ----------------------------------- made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect to Shares under the Option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this Option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of DirectorsDirectors and/or the Compensation Committee, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares Shares will be issued with respect pursuant to Shares this Option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares Shares will be issued with respect pursuant to Shares this Option on account of any such adjustments.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Medianet Group Technologies Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect to Shares hereunder on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board board of Directorsdirectors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.,
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Avalon Pharmaceuticals Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 8 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this Option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 12 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this Option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of DirectorsDirectors and/or the Compensation Committee, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares Shares will be issued with respect pursuant to Shares this Option on account of any such adjustments. Change of Control.
Appears in 1 contract
Samples: Stock Option Agreement (DubLi, Inc.)
Board Authority to Make Adjustments. Any adjustments Adjustments under this Section 8 6 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect to Shares under this option on account of any such adjustments.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Vision Sciences Inc /De/)
Board Authority to Make Adjustments. Any adjustments under this ------------------------------------ Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 will 9 shall be made by the Board of Directors, whose determination as to what adjustments, if any, will shall be made and the extent thereof will shall be final, binding and conclusive. No fractional shares will shall be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (American Superconductor Corp /De/)
Board Authority to Make Adjustments. Any adjustments under this ----------------------------------- Section 8 11 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 9 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof thereof, will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 1 contract
Samples: Non Statutory Stock Option Agreement (Biosphere Medical Inc)
Board Authority to Make Adjustments. Any adjustments under this Section 8 11 will be made by the Board of Directors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 1 contract
Board Authority to Make Adjustments. Any adjustments under this Section 8 7 will be made by the Board board of Directorsdirectors, whose determination as to what adjustments, if any, will be made and the extent thereof will be final, binding and conclusive. No fractional shares will be issued with respect pursuant to Shares this option on account of any such adjustments.
Appears in 1 contract
Samples: Art Technology Group Inc
