COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination or reorganization in which the Company is the surviving corporation, the Board 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 shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this Agreement.
Appears in 3 contracts
Samples: Stock Option Agreement (Golden Phoenix Minerals Inc /Mn/), Non Qualified Stock Option Agreement (Remedent, Inc.), Stock Option Agreement (Golden Phoenix Minerals Inc /Mn/)
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 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 Agreement.
Appears in 2 contracts
Samples: Stock Option Agreement (Dragon Pharmaceuticals Inc), Stock Option Agreement (Dragon Pharmaceuticals Inc)
COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination Corporate Transaction or reorganization Related Entity Disposition in which the Company is the surviving corporation, the Board 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 Administrator shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this Agreementthese purposes. Any restrictions applicable to such Options shall apply as well to any replacement shares received by the Optionee as a result.
Appears in 2 contracts
Samples: Stock Option Agreement (Nord Resources Corp), Stock Option Agreement (Helius Medical Technologies, 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 this Option may be exercised, and the exercise price at which outstanding Options this Option 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 AgreementPlan.
Appears in 1 contract
Samples: International Displayworks, Inc
COMPANY IS THE SURVIVOR. In the event of a merger, consolidation, combination or reorganization in which the Company is the surviving corporationcorporation (“Survivor Event”), the Board shall Board, as it was composed before the Survivor Event, will 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 shall will determine, in its sole and absolute discretion, when the Company shall will be deemed to survive for purposes of this the Option Agreement.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Flux Power Holdings, 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 shall will 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 shall will determine, in its sole and absolute discretion, when the Company shall will be deemed to survive for purposes of this Agreementthe Plan.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Solar Power, 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 ofDirectors shall determine, in its sole and absolute discretion, when the Company shall be deemed to survive for purposes of this Agreement.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Thermogenesis Corp)