Common use of Capitalization Adjustments Clause in Contracts

Capitalization Adjustments. Subject to the provisions of the Plan, if the outstanding shares of stock or other securities of the class then subject to the Option are increased or decreased, or are changed into or exchanged for a different number or kind of Company shares or other Company securities, in any such case as a result of one or more recapitalizations, stock splits, reverse stock splits, stock dividends or the like, then appropriate adjustments shall be made in the number and/or kind of Company shares or other Company securities for which the unexercised portion of this Option may thereafter be exercised, all without any change in the aggregate Exercise Price applicable to the unexercised portion of the Option, but with a corresponding adjustment in the Exercise Price per share of other unit. No fractional share of Company stock shall be issued under the Option in connection with any such adjustment. Such adjustments shall be made by or under authority of the Company's Board of Directors or duly authorized Committee thereof, whose determinations as to what adjustments shall be made, and the extent thereof, shall be final, binding and conclusive.

Appears in 5 contracts

Samples: Non Qualified Stock Option Agreement (Cell Pathways Inc /De), Incentive Stock Option Agreement (Cell Pathways Inc), Incentive Stock Option Agreement (Cell Pathways Inc /De)

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Capitalization Adjustments. Subject to the provisions of the Plan, if the outstanding shares of stock or other securities of the class then subject to the Option are increased or decreased, or are changed into or exchanged for a different number or kind of Company shares or other Company securities, in any such case as a result of one or more recapitalizations, stock splits, reverse stock splits, stock dividends or the like, then appropriate adjustments shall be made in the number and/or kind of Company shares or other Company securities for which the unexercised portion of this Option may thereafter be exercised, all without any change in the aggregate Exercise Price applicable to the unexercised portion of the Option, but with a corresponding adjustment in the Exercise Price per share of or other unit. No fractional share of Company stock shall be issued under the Option in connection with any such adjustment. Such adjustments shall be made by or under authority of the Company's Board of Directors or duly authorized Committee thereof, whose determinations as to what adjustments shall be made, and the extent thereof, shall be final, binding and conclusive.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Cell Pathways Inc /De)

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