Common use of Discretionary Adjustment Clause in Contracts

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the Option and the exercise price hereof.

Appears in 17 contracts

Samples: Option Agreement (Tactile Systems Technology Inc), Statutory Stock Option Agreement (Gander Mountain Co), Stock Option Agreement (Tactile Systems Technology Inc)

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Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the this Option and the exercise price hereof.

Appears in 10 contracts

Samples: Statutory Stock Option Agreement (SPS Commerce Inc), Incentive Stock Option Agreement (Act Teleconferencing Inc), Stock Option Agreement (Proto Labs Inc)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-spin off), or any other change in the corporate structure or Shares of the Company, the Board or the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan granted herein and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the Option and the exercise price hereof.

Appears in 8 contracts

Samples: Director Incentive Stock Option Agreement (KonaTel, Inc.), Incentive Stock Option Agreement (Dala Petroleum Corp.), Incentive Stock Option Agreement (KonaTel, Inc.)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the this Option and the exercise price hereof.

Appears in 4 contracts

Samples: Incentive Stock Option Agreement (Hutchinson Technology Inc), Option Agreement (Hutchinson Technology Inc), Incentive Stock Option Agreement (Hutchinson Technology Inc)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-spin off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan granted herein and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the Option and the exercise price hereof.

Appears in 3 contracts

Samples: Incentive Stock Option Agreement (Westcott Products Corp), Incentive Stock Option Agreement (Westcott Products Corp), Incentive Stock Option Agreement (Westcott Products Corp)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) mayshall, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the this Option and the exercise price Exercise Price hereof.

Appears in 2 contracts

Samples: Stock Option Agreement (Proto Labs Inc), Stock Option Agreement (Proto Labs Inc)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-spin off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the Option and the exercise price hereof.

Appears in 2 contracts

Samples: Non Statutory Stock Option Agreement (MCT Holding Corp), Is an Incentive Stock Option Agreement (MCT Holding Corp)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the Optioneeholder of this Option, make such adjustment as it determines in its discretion to be appropriate appropriate, as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the Optioneeholder of this Option, the number and kind of securities issuable upon exercise of the this Option and the exercise price hereof.

Appears in 2 contracts

Samples: Wilsons the Leather Experts Inc, Wilsons the Leather Experts Inc

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock unit dividend, stock unit split, combination of sharesUnits, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate company structure or Shares Units of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board board of Directors directors of the surviving corporationcompany) may, without the consent of the OptioneeHolder, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan this Agreement and, in order to prevent dilution or enlargement of rights of the OptioneeHolder, the number and kind of securities issuable upon exercise lapse of the Option and forfeiture restrictions of the exercise price hereofRUs.

Appears in 2 contracts

Samples: Restricted Unit Agreement (Advanced BioEnergy, LLC), Restricted Unit Agreement (Advanced BioEnergy, LLC)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to in the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the this Option and the exercise price hereof.

Appears in 1 contract

Samples: Stock Option Agreement (Proto Labs Inc)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) mayshall, without the consent of the Optionee, make such adjustment as it determines in its sole discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the Option and the exercise price hereof.

Appears in 1 contract

Samples: Non Statutory Stock Option Agreement (Hawkins Inc)

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Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board board of Directors directors of the surviving corporation) may, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent inappropriate dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the Option and the exercise price hereof.

Appears in 1 contract

Samples: Non Statutory Stock Option Agreement (Rli Corp)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of sharesShares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the OptioneeParticipant, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the OptioneeParticipant, the number and kind of securities issuable upon exercise of under the Option and the exercise price hereofDSUs.

Appears in 1 contract

Samples: Share Unit Agreement (Stellent Inc)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of sharesShares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the OptioneeEmployee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the OptioneeEmployee, the number and kind of securities issuable upon exercise lapse of the Option and forfeiture restrictions of the exercise price hereofDSUs or the Restricted Shares.

Appears in 1 contract

Samples: Share Unit Agreement (Stellent Inc)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the OptioneeParticipant, make such adjustment as it determines in its discretion to be appropriate appropriate, as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the OptioneeParticipant, the number and kind of securities issuable upon exercise settlement of the Option and the exercise price hereofthis Performance Share Award.

Appears in 1 contract

Samples: Tennant Co

Discretionary Adjustment. In the event of any reorganization, merger, ------------------------ consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) may, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the this Option and the exercise price hereof.

Appears in 1 contract

Samples: Act Teleconferencing Inc

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, or combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other similar change in the corporate structure or Shares capital stock of the Company, the Committee (or if the Company does not survive any such transaction, a comparable board of directors or committee of the Board of Directors of the surviving corporationcompany) may, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan Option and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the Option and the exercise price hereofthereof.

Appears in 1 contract

Samples: Non Qualified Rollover Stock Option Agreement (Mister Car Wash, Inc.)

Discretionary Adjustment. In the event of any reorganization, merger, consolidation, recapitalization, liquidation, reclassification, stock dividend, stock split, combination of shares, rights offering, or extraordinary dividend or divestiture (including a spin-off), or any other change in the corporate structure or Shares of the Company, the Committee (or if the Company does not survive any such transaction, a comparable committee of the Board of Directors of the surviving corporation) mayshall, without the consent of the Optionee, make such adjustment as it determines in its discretion to be appropriate as to the number and kind of securities subject to and reserved under the Plan and, in order to prevent dilution or enlargement of rights of the Optionee, the number and kind of securities issuable upon exercise of the Option and the exercise price hereof.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Tactile Systems Technology Inc)

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