Common use of Equity Incentive Plans Clause in Contracts

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan was granted (i) in accordance with the terms of the Company’s equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Cytori Therapeutics, Inc.), Securities Purchase Agreement (RenovoRx, Inc.), Market Offering Agreement (Gevo, Inc.)

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Equity Incentive Plans. Each stock option equity award granted by the Company under the Company’s equity incentive plan was granted (i) in accordance with the terms of the Company’s equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option equity award was granted under the Company’s equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Zivo Bioscience, Inc.), Securities Purchase Agreement (SELLAS Life Sciences Group, Inc.), Securities Purchase Agreement (SELLAS Life Sciences Group, Inc.)

Equity Incentive Plans. Each stock option equity award granted by the Company under the Company’s equity incentive plan was granted (i) in accordance with the terms of the Company’s equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option equity award would be considered granted under GAAP and applicable law. No stock option equity award granted under the Company’s equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 4 contracts

Samples: Securities Purchase Agreement (180 Life Sciences Corp.), Securities Purchase Agreement (180 Life Sciences Corp.), Securities Purchase Agreement (180 Life Sciences Corp.)

Equity Incentive Plans. Each stock option granted by the Company outstanding under the Company’s equity incentive plan plans was granted (i) in accordance with the terms of the Company’s applicable equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted outstanding under the Company’s equity incentive plan plans has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 4 contracts

Samples: Underwriting Agreement (Panbela Therapeutics, Inc.), Underwriting Agreement (Sun BioPharma, Inc.), Underwriting Agreement (Sun BioPharma, Inc.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan plans was granted (i) in accordance with the terms of the Company’s equity incentive plan plans and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive plan plans has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Tivic Health Systems, Inc.), The Market Offering Agreement (Knightscope, Inc.), Securities Purchase Agreement (Tivic Health Systems, Inc.)

Equity Incentive Plans. Each stock share option granted by the Company under the Company’s equity incentive plan was granted (i) in accordance with the terms of the Company’s equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock Ordinary Shares on the date such stock share option would be considered granted under GAAP IFRS and applicable law. No stock share option granted under the Company’s equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock share options prior to, or otherwise knowingly coordinate the grant of stock share options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Arqit Quantum Inc.), Securities Purchase Agreement (Arqit Quantum Inc.), Securities Purchase Agreement (Arqit Quantum Inc.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan plans was granted (i) in accordance with the terms of the Company’s such applicable equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive plan plans has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Phio Pharmaceuticals Corp.), Securities Purchase Agreement (Phio Pharmaceuticals Corp.), Securities Purchase Agreement (Phio Pharmaceuticals Corp.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan plan(s) was granted (i) in accordance with the terms of the Company’s equity incentive plan plan(s) and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive plan plan(s) has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Market Offering Agreement (Nemaura Medical Inc.), Market Offering Agreement (Bio-Path Holdings Inc)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan was granted (i) in accordance with the terms of the Company’s such applicable equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Longeveron Inc.), Securities Purchase Agreement (Longeveron Inc.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan plans was granted (i) in accordance with the terms of the Company’s equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Pyxis Tankers Inc.), Securities Purchase Agreement (Pyxis Tankers Inc.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan was granted (i) in accordance with the terms of the Company’s equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive stock option plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Underwriting Agreement (Chembio Diagnostics, Inc.), Underwriting Agreement (Chembio Diagnostics, Inc.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan plans was granted (i) in accordance with the terms of the Company’s equity incentive respective plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive plan has compensation plans have been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Genspera Inc)

Equity Incentive Plans. Each stock option Since its initial public offering, each award granted by the Company under the Company’s equity incentive plan was granted (i) in accordance with the terms of the Company’s equity incentive plan and (ii) ), if a stock option, with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive stock option plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Exchange Agreement (Edible Garden AG Inc)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s 's equity incentive plan was granted (i) in accordance with the terms of the Company’s 's equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock Shares on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s 's equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (KWESST Micro Systems Inc.)

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Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan plans was granted (i) in accordance with the terms of the Company’s such equity incentive plan plans and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive plan plans has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Knightscope, Inc.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s its equity incentive plan plans was granted (i) in accordance with the terms of the Company’s equity incentive plan such plans and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive plan plans has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Market Offering Agreement (Shapeways Holdings, Inc.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s such applicable equity incentive plan was granted (i) in accordance with the terms of the Company’s equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bluejay Diagnostics, Inc.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan Equity Incentive plans was granted (i) in accordance with the terms of the Company’s equity incentive respective Equity Incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive stock option plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Underwriting Agreement (XCel Brands, Inc.)

Equity Incentive Plans. Each stock option or other equity award granted by the Company under the Company’s equity incentive plan was granted (i) in accordance with the terms of the Company’s equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option or other equity award would be considered granted under GAAP and applicable law. No stock option or other equity award granted under the Company’s equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options or other equity awards prior to, or otherwise knowingly coordinate the grant of stock options or other equity awards with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ideal Power Inc.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive stock option plan was granted (i) in accordance with the terms of the Company’s equity incentive stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive stock option plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Underwriting Agreement (Modular Medical, Inc.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan plans was granted (i) in accordance with the terms of the Company’s equity incentive such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive plan plans has been backdateddated as of a date other than the date that it was approved by the Board. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Market Offering Agreement (Acorda Therapeutics Inc)

Equity Incentive Plans. Each stock option option, share of restricted stock, or restricted stock unit granted by the Company under the Company’s equity incentive plan plans was granted (i) in accordance with the terms of the Company’s equity incentive such plan and and, (ii) if a stock option, with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive stock option plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Polarityte, Inc.)

Equity Incentive Plans. Each stock option granted by the Company under the Company’s equity incentive plan plans was granted (i) in accordance with the terms of the Company’s applicable equity incentive plan and (ii) in the case of stock options, with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity incentive stock option plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Giga Tronics Inc)

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