Common use of Effect of Certain Transactions Clause in Contracts

Effect of Certain Transactions. Notwithstanding anything to contrary in this Option Agreement, in the event that the Optionee has entered into a nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, and the Optionee breaches any such agreement, the Optionee shall forfeit all of Number of Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisable. SEPARATE SIGNATURE PAGE TO ACCENTIA, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIA, INC. By: /s/ Fxxxx X. X’Xxxxxxx, Xx. Fxxxx X. X’Xxxxxxx, Xx., M.D. Chairman The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right of First Refusal set forth in Paragraph 11, and hereby accepts the Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Date: EXHIBIT A [Date] Accentia, Inc. Attn: President Re: Exercise of Incentive Stock Option Dear Sirs: Pursuant to the terms and conditions of the Incentive Stock Option Agreement dated as of April 10, 2003 (the “Agreement”), between (“Optionee”) and Accentia, Inc. (the “Company”), Optionee hereby agrees to purchase shares (the “Shares”) of the Series D Convertible Preferred Stock of the Company and tender payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the “1933 Act”). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Accentia Biopharmaceuticals Inc)

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Effect of Certain Transactions. Notwithstanding anything to the contrary in this Option Agreement, in the event that the Optionee has entered into a confidentiality, nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, Company and the Optionee breaches any is determined, in the reasonable judgment of the Board, to have materially breached such agreement, the Optionee shall forfeit all any shares acquired pursuant to this Option and 100% of Number of this Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisable. SEPARATE SIGNATURE PAGE TO ACCENTIA, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIA, GROUNDFLOOR FINANCE INC. By: /s/ Fxxxx Bxxxx X. X’Xxxxxxx, Xx. Fxxxx Xxxxx Name: Bxxxx X. X’Xxxxxxx, Xx., M.D. Chairman Xxxxx Title: President & CEO The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right right of First Refusal first refusal set forth in Paragraph 11the Plan, and hereby accepts the this Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Dated: 11/14/2014 /s/ Mxxxxxx Xxxxxxx Xx Optionee Signature Mxxxxxx Xxxxxxx Xx Optionee Printed Name NOTICE OF EXERCISE Date: EXHIBIT A [Date] Accentia, ______________ Groundfloor Finance Inc. Attn: President __________________________ _______________________________ _______________________________ Re: Exercise of Incentive Nonqualified Stock Option Dear SirsSir or Madam: Pursuant to the terms and conditions of the Incentive Nonqualified Stock Option Agreement dated as of April 10, 2003 ______________ (the “Agreement”), by and between ____________________ (“Optionee”) and Accentia, Groundfloor Finance Inc. (the “Company”), Optionee hereby agrees to purchase ___________ shares (the “Shares”) of the Series D Convertible Preferred Common Stock of the Company and tender tenders payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the “1933 Act”). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Groundfloor Finance Inc.)

Effect of Certain Transactions. Notwithstanding anything to the contrary in this Option Agreement, in the event that the Optionee has entered into a confidentiality, nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, Company and the Optionee breaches any is determined, in the reasonable judgment of the Board, to have materially breached such agreement, the Optionee shall forfeit all any shares acquired pursuant to this Option and 100% of Number of this Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisable. SEPARATE SIGNATURE PAGE TO ACCENTIA, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIA, GROUNDFLOOR INC. By: /s/ Fxxxx /s/Bxxxx X. X’Xxxxxxx, Xx. Fxxxx X. X’Xxxxxxx, Xx., M.D. Chairman Xxxxx Name: Bxxxx Xxxxx Title: President & CEO The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right right of First Refusal first refusal set forth in Paragraph 11the Plan, and hereby accepts the this Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Dated: July 16, 2015____________ /s/Rxxxxxx Xxxxx Optionee Signature Rxxxxxx Xxxxx Optionee Printed Name NOTICE OF EXERCISE Date: EXHIBIT A [Date] Accentia, ______________ GROUNDFLOOR Finance Inc. Attn: President Chief Executive Officer _______________________________ _______________________________ Re: Exercise of Incentive Nonqualified Stock Option Dear SirsSir or Madam: Pursuant to the terms and conditions of the Incentive Nonqualified Stock Option Agreement dated as of April 10, 2003 ______________ (the “Agreement”), by and between ____________________ (“Optionee”) and Accentia, GROUNDFLOOR Finance Inc. (the “Company”), Optionee hereby agrees to purchase ___________ shares (the “Shares”) of the Series D Convertible Preferred Common Stock of the Company and tender tenders payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the “1933 Act”). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Groundfloor Finance Inc.)

Effect of Certain Transactions. Notwithstanding anything to contrary in this Option Agreement, in the event that the Optionee has entered into a nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, and the Optionee breaches any such agreement, the Optionee shall forfeit all of Number of Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisable. SEPARATE SIGNATURE PAGE TO ACCENTIAINTERSEARCH GROUP, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIAINTERSEARCH GROUP, INC. By: /s/ Fxxxx X. X’Xxxxxxx, Xx. Fxxxx X. X’Xxxxxxx, Xx., M.D. Chairman Xxxxxx X’Xxxxxxx President The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right of First Refusal set forth in Paragraph 11, Agreement and hereby accepts the Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Date: [Name of Optionee] EXHIBIT A [Date] AccentiaInterSearch Group, Inc. _______________________ _______________________ Attn: President Re: Exercise of Incentive Stock Option Dear Sirs: Pursuant to the terms and conditions of the Incentive Stock Option Agreement dated as of April 10, 2003 200 (the “Agreement”), between (“Optionee”) and AccentiaInterSearch Group, Inc. (the “Company”), Optionee hereby agrees to purchase shares (the “Shares”) of the Series D Convertible Preferred Stock of the Company and tender payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the “1933 Act”). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Intersearch Group Inc)

Effect of Certain Transactions. Notwithstanding anything to the contrary in this Option Agreement, in the event that the Optionee has entered into a confidentiality, nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, Company and the Optionee breaches any is determined, in the reasonable judgment of the Board, to have materially breached such agreement, the Optionee shall forfeit all any Shares acquired pursuant to the Option and 100% of Number of the Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisablevested. SEPARATE SIGNATURE PAGE TO ACCENTIA, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIAAERIE PHARMACEUTICALS, INC. By: /s/ Fxxxx ____________________________________ Xxxxxxx X. X’Xxxxxxx, Xx. Fxxxx X. X’Xxxxxxx, Xx., M.D. Chairman Xxxxxx Chief Financial Officer The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right of First Refusal set forth in Paragraph 11, Agreement and hereby accepts the Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Date: _________________________ ______________________________ EXHIBIT A [Date] Accentia: _____________________ Aerie Pharmaceuticals, Inc. Attn: President Chief Financial Officer __________________________ __________________________ Re: Exercise of Incentive Nonqualified Stock Option Dear Sirs: Pursuant to the terms and conditions of the Incentive Nonqualified Stock Option Agreement dated as of April 10, 2003 __________201X (the “Agreement”), between __________ (“Optionee”) and AccentiaAerie Pharmaceuticals, Inc. Inc., a Delaware corporation (the “Company”), Optionee hereby agrees to purchase __________ shares (the “Shares”) of the Series D Convertible Preferred Common Stock of the Company and tender tenders payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the “1933 Act”). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Aerie Pharmaceuticals Inc)

Effect of Certain Transactions. Notwithstanding anything to the contrary in this Option Agreement, in the event that the Optionee has entered into a confidentiality, nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, Company and the Optionee breaches any is determined, in the reasonable judgment of the Board, to have materially breached such agreement, the Optionee shall forfeit all any shares acquired pursuant to this Option and 100% of Number of this Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisable. SEPARATE SIGNATURE PAGE TO ACCENTIA, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIA, GROUNDFLOOR FINANCE INC. By: /s/ Fxxxx X. X’Xxxxxxx, Xx. Fxxxx X. X’Xxxxxxx, Xx., M.D. Chairman ____________________________________ Name: ____________________________________ Title: ____________________________________ The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right right of First Refusal first refusal set forth in Paragraph 11the Plan, and hereby accepts the this Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Dated: ________________ ________________________________ Optionee Signature ________________________________ Optionee Printed Name NOTICE OF EXERCISE Date: EXHIBIT A [Date] Accentia, ______________ Groundfloor Finance Inc. Attn: President Chief Executive Officer ______________________________ ______________________________ Re: Exercise of Incentive Stock Option Dear SirsSir or Madam: Pursuant to the terms and conditions of the Incentive Stock Option Agreement dated as of April 10, 2003 ________________ (the “Agreement”), by and between ________________________ (“Optionee”) and Accentia, Groundfloor Finance Inc. (the “Company”), Optionee hereby agrees to purchase _________ shares (the “Shares”) of the Series D Convertible Preferred Common Stock of the Company and tender tenders payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the “1933 Act”). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Groundfloor Finance Inc.)

Effect of Certain Transactions. Notwithstanding anything to the contrary in this Option Agreement, in the event that the Optionee has entered into a confidentiality, nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, Company and the Optionee breaches any is determined, in the reasonable judgment of the Board, to have materially breached such agreement, the Optionee shall forfeit all any shares acquired pursuant to this Option and 100% of Number of this Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisable. SEPARATE SIGNATURE PAGE TO ACCENTIA, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIA, GROUNDFLOOR INC. By: /s/ Fxxxx /s/Bxxxx X. X’Xxxxxxx, Xx. Fxxxx X. X’Xxxxxxx, Xx., M.D. Chairman Xxxxx Name: Bxxxx Xxxxx Title: President & CEO The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right right of First Refusal first refusal set forth in Paragraph 11the Plan, and hereby accepts the this Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Dated: June 23, 2015________ /s/ Bxx Xxxxxxxxx Optionee Signature Bxx Xxxxxxxxx Optionee Printed Name NOTICE OF EXERCISE Date: EXHIBIT A ______________ [Dateinsert Name of Company] Accentia, Inc. Attn: President _________________________ ______________________________ ______________________________ Re: Exercise of Incentive Stock Option Dear SirsSir or Madam: Pursuant to the terms and conditions of the Incentive Stock Option Agreement dated as of April 10, 2003 ________________ (the “Agreement”), by and between ________________________ (“Optionee”) and Accentia, Inc. [insert Name of Company] (the “Company”), Optionee hereby agrees to purchase _________ shares (the “Shares”) of the Series D Convertible Preferred Common Stock of the Company and tender tenders payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the “1933 Act”). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Groundfloor Finance Inc.)

Effect of Certain Transactions. Notwithstanding anything to the contrary in this Option Agreement, in the event that the Optionee has entered into a confidentiality, nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, Company and the Optionee breaches any is determined, in the reasonable judgment of the Board, to have materially breached such agreement, the Optionee shall forfeit all any shares acquired pursuant to this Option and 100% of Number of this Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisable. SEPARATE SIGNATURE PAGE TO ACCENTIA, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIA, GROUNDFLOOR INC. By: /s/ Fxxxx Bxxxx X. X’Xxxxxxx, Xx. Fxxxx Xxxxx Name: Bxxxx X. X’Xxxxxxx, Xx., M.D. Chairman Xxxxx Title: President & CEO The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right right of First Refusal first refusal set forth in Paragraph 11the Plan, and hereby accepts the this Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Dated: 2/1/2014 Cxxxx Xxxxxxx Optionee Signature Cxxxx Xxxxxxx Optionee Printed Name NOTICE OF EXERCISE Date: EXHIBIT A ______________ [Dateinsert Name of Company] Accentia, Inc. Attn: President _________________________ ______________________________ ______________________________ Re: Exercise of Incentive Stock Option Dear SirsSir or Madam: Pursuant to the terms and conditions of the Incentive Stock Option Agreement dated as of April 10, 2003 ________________ (the “Agreement”), by and between ________________________ (“Optionee”) and Accentia, Inc. [insert Name of Company] (the “Company”), Optionee hereby agrees to purchase _________ shares (the “Shares”) of the Series D Convertible Preferred Common Stock of the Company and tender tenders payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the “1933 Act”). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Groundfloor Finance Inc.)

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Effect of Certain Transactions. Notwithstanding anything to contrary in ------------------------------ this Option Agreement, in the event that the Optionee has entered into a nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, Company and the Optionee breaches any such agreement, the Optionee shall forfeit all 100% of Number of the Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisable. SEPARATE SIGNATURE PAGE TO ACCENTIA, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIALIPOMED, INC. By: /s/ Fxxxx :_____________________________ Xxxxxxx X. X’Xxxxxxx, Xx. Fxxxx X. X’Xxxxxxx, Xx., M.D. Chairman Xxxxxx President and Chief Executive Officer The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right of First Refusal set forth in Paragraph paragraph 11, and hereby accepts the Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Date: :_________________________ ________________________________ (Signature of Optionee) ________________________________ (Printed Name of Optionee) EXHIBIT A [Date] Accentia--------- LipoMed, Inc. Attn: President 0000 Xxx Xxxx Xxxxxx Xxxxxxx, Xxxxx Xxxxxxxx 00000 Re: Exercise of Incentive Stock Option Dear Sirs: Pursuant to the terms and conditions of the Incentive Stock Option Award Agreement dated as of April 10, 2003 __________,(the "Agreement"), between __________ ("Optionee") and AccentiaLipoMed, Inc. (the "Company"), Optionee hereby agrees to purchase _____ shares (the "Shares") of the Series D Convertible Preferred Common Stock of the Company and tender payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the "1933 Act"). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Liposcience Inc)

Effect of Certain Transactions. Notwithstanding anything to the contrary in this Option Agreement, in the event that the Optionee has entered into a confidentiality, nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, Company and the Optionee breaches any is determined, in the reasonable judgment of the Board, to have materially breached such agreement, the Optionee shall forfeit all any shares acquired pursuant to this Option and 100% of Number of this Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisable. SEPARATE SIGNATURE PAGE TO ACCENTIA, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIA, GROUNDFLOOR INC. By: /s/ Fxxxx Bxxxx X. X’Xxxxxxx, Xx. Fxxxx X. X’Xxxxxxx, Xx., M.D. Chairman Xxxxx Name: Bxxxx Xxxxx Title: President & CEO The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right right of First Refusal first refusal set forth in Paragraph 11the Plan, and hereby accepts the this Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Dated: 10/1/2014 /s/ Jxxxx Xxxx Optionee Signature Jxxxx Xxxx Optionee Printed Name NOTICE OF EXERCISE Date: EXHIBIT A [Date] Accentia, ______________ Groundfloor Finance Inc. Attn: President _________________________ ______________________________ ______________________________ Re: Exercise of Incentive Stock Option Dear SirsSir or Madam: Pursuant to the terms and conditions of the Incentive Stock Option Agreement dated as of April 10, 2003 ________________ (the “Agreement”), by and between ________________________ (“Optionee”) and Accentia, Groundfloor Finance Inc. (the “Company”), Optionee hereby agrees to purchase _________ shares (the “Shares”) of the Series D Convertible Preferred Common Stock of the Company and tender tenders payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the “1933 Act”). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Groundfloor Finance Inc.)

Effect of Certain Transactions. Notwithstanding anything to the contrary in this Option Agreement, in the event that the Optionee has entered into a confidentiality, nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, Company and the Optionee breaches any is determined, in the reasonable judgment of the Board, to have materially breached such agreement, the Optionee shall forfeit all any shares acquired pursuant to this Option and 100% of Number of this Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisable. SEPARATE SIGNATURE PAGE TO ACCENTIA, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIA, GROUNDFLOOR FINANCE INC. By: /s/ Fxxxx X. X’Xxxxxxx, Xx. Fxxxx X. X’Xxxxxxx, Xx., M.D. Chairman ____________________________________ Name: ____________________________________ Title: ____________________________________ The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right right of First Refusal first refusal set forth in Paragraph 11the Plan, and hereby accepts the this Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Dated: ________________ ________________________________ Optionee Signature ________________________________ Optionee Printed Name NOTICE OF EXERCISE Date: EXHIBIT A [Date] Accentia, ______________ Groundfloor Finance Inc. Attn: President Chief Executive Officer _______________________________ _______________________________ Re: Exercise of Incentive Nonqualified Stock Option Dear SirsSir or Madam: Pursuant to the terms and conditions of the Incentive Nonqualified Stock Option Agreement dated as of April 10, 2003 ______________ (the “Agreement”), by and between ____________________ (“Optionee”) and Accentia, Groundfloor Finance Inc. (the “Company”), Optionee hereby agrees to purchase ___________ shares (the “Shares”) of the Series D Convertible Preferred Common Stock of the Company and tender tenders payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the “1933 Act”). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Groundfloor Finance Inc.)

Effect of Certain Transactions. Notwithstanding anything to the contrary in this Option Agreement, in the event that the Optionee has entered into a confidentiality, nondisclosure, invention and/or non-competition agreement with the Company, either separately or as part of an employment agreement, Company and the Optionee breaches any is determined, in the reasonable judgment of the Board, to have materially breached such agreement, the Optionee shall forfeit all any shares acquired pursuant to this Option and 100% of Number of this Option Shares granted pursuant to this Option Agreement, whether or not vested or exercisable. SEPARATE SIGNATURE PAGE TO ACCENTIA, INC. INCENTIVE STOCK OPTION AGREEMENT ACCENTIA, GROUNDFLOOR INC. By: /s/ Fxxxx Bxxxx X. X’Xxxxxxx, Xx. Fxxxx X. X’Xxxxxxx, Xx., M.D. Chairman Xxxxx Name: Bxxxx Xxxxx Title: President & CEO The Optionee represents that the Optionee is familiar with the terms and provisions of this Option Agreement, including the Right right of First Refusal first refusal set forth in Paragraph 11the Plan, and hereby accepts the this Option Agreement subject to all of the terms and provisions thereof. The Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Board of Directors of the Company made in good faith upon any questions arising under this Option Agreement. The undersigned hereby acknowledges receipt of a copy of the Plan. Dated: June 23, 2015_________ /s/ Bxxxx Xxxxx Optionee Signature Bxxxx Xxxxx Optionee Printed Name NOTICE OF EXERCISE Date: EXHIBIT A [Date] Accentia, ______________ GROUNDFLOOR Finance Inc. Attn: President Chief Executive Officer _______________________________ _______________________________ Re: Exercise of Incentive Nonqualified Stock Option Dear SirsSir or Madam: Pursuant to the terms and conditions of the Incentive Nonqualified Stock Option Agreement dated as of April 10, 2003 ______________ (the “Agreement”), by and between ____________________ (“Optionee”) and Accentia, GROUNDFLOOR Finance Inc. (the “Company”), Optionee hereby agrees to purchase ___________ shares (the “Shares”) of the Series D Convertible Preferred Common Stock of the Company and tender tenders payment in full for such shares in accordance with the terms of the Agreement. The Shares are being issued to Optionee in a transaction not involving a public offering and pursuant to an exemption from registration under the Securities Act of 1933, as amended (the “1933 Act”). In connection with such purchase, Optionee represents, warrants and agrees as follows:

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Groundfloor Finance Inc.)

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