Common use of Change of Control Option Acceleration Clause in Contracts

Change of Control Option Acceleration. In the event of a Change of Control, the vesting and/or exercisability of Executive’s Stock Awards shall be accelerated automatically immediately prior to the effective date of such Change of Control as to fifty percent (50%) of, in the case of Executive’s Pre-Agreement Stock Awards, the total number of shares subject to Executive’s Pre-Agreement Stock Awards, and in the case of Executive’s Post-Agreement Stock Awards, the unvested shares subject to the Post-Agreement Stock Awards. For the avoidance of doubt, the fifty percent (50%) of shares subject to acceleration of vesting described in this Section 2.1 shall, in the case of Executive’s Pre-Agreement Stock Awards, be calculated based upon the total number of shares subject to the Pre-Agreement Stock Award and shall not be limited to the portion of Executive’s outstanding Pre-Agreement Stock Awards that is unvested as of the date of the accelerated vesting, and in the case of Executive’s Post-Agreement Stock Awards shall be limited to the portion of Executive’s outstanding Post-Agreement Stock Awards that is unvested as of the date of the accelerated vesting.

Appears in 5 contracts

Samples: Executive Severance Benefits Agreement (Novacea Inc), Executive Severance Benefits Agreement (Novacea Inc), Executive Severance Benefits Agreement (Novacea Inc)

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.