COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination or reorganization in which the Company is the surviving corporation, the Board of Directors shall determine the appropriate adjustment of the number and kind of securities with respect to which outstanding Options may be exercised, and the exercise price at which outstanding Options may be exercised. The Board of Directors shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this Plan.
Appears in 6 contracts
Samples: Employment Agreement (DBS Industries Inc), Employment Agreement (DBS Industries Inc), Employment Agreement (DBS Industries Inc)
COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination or reorganization in which the Company is the surviving corporation, the Board of Directors shall determine the appropriate adjustment of the number and kind of securities with respect to which outstanding Options may be exercised, and the exercise price at which outstanding Options may be exercised. The Board of Directors shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this PlanAgreement.
Appears in 5 contracts
Samples: Nonqualified Stock Option Agreement (Piedmont Mining Company, Inc.), Agreement (Aremissoft Corp /De/), Nonqualified Stock Option Agreement (Aremissoft Corp /De/)
COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination combination, or reorganization in which the Company is the surviving corporation, the Board of Directors Administrator shall determine the appropriate adjustment of the number and kind of securities with respect to which outstanding Options may be exercised, and the exercise price at which outstanding Options may be exercised. The Board of Directors Administrator shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this Plan.
Appears in 4 contracts
Samples: Agreement (Western Sierra Bancorp), Agreement (Western Sierra Bancorp), Agreement (Western Sierra Bancorp)
COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination or reorganization in which the Company is the surviving corporation, the Board of Directors shall determine the appropriate adjustment of the number and kind of securities with respect to which outstanding Options may be exercised, and the exercise price at which outstanding Options may be exercised. The Board of Directors shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of the Plan or this PlanAgreement.
Appears in 2 contracts
Samples: Agreement (Aremissoft Corp /De/), Agreement (Aremissoft Corp /De/)
COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination combination, or reorganization in which the Company is the surviving corporation, the Board of Directors Administrator shall determine the appropriate adjustment of the number and kind of securities with respect to which which, outstanding Options may be exercised, and the exercise price at which outstanding Options may be exercised. The Board of Directors Administrator shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this Plan.
Appears in 1 contract
Samples: Western Sierra Bancorp
