Exercise Requirements. To the extent that the Option has become vested and exercisable with respect to a number of shares of Common Stock, the Option may be exercised by the Participant from and after the Exercise Date (as defined below), in whole or in part, at any time or from time to time prior to the expiration of the Option in accordance with the default post-termination exercise period provided in Section 9.2(a) of the Plan, provided that the Participant must exercise the Option with respect to an equal number of shares of Class A Common Stock and Class B Common Stock subject to the Option concurrently. Notwithstanding the foregoing, the Participant may not exercise the Option unless the offering of shares of Common Stock issuable upon such exercise (i) is then registered under the Securities Act, or, if such offering is not then so registered, the Company has determined that such offering is exempt from the registration requirements of the Securities Act and (ii) complies with all other applicable laws and regulations; provided that, if the Option cannot be exercised by reason of this Section 4(a), then, to the extent the circumstances preventing the exercise of the Option can reasonably be remedied, the Company shall use commercially reasonable efforts to remedy such circumstances, which method of remediation shall be determined by the Company in its sole discretion.
Appears in 1 contract
Sources: Non Qualified Stock Option Agreement (Neiman Marcus Group LTD LLC)
Exercise Requirements. To the extent that the Option has become vested and exercisable with respect to a number of shares of Common Stock, the Option may thereafter be exercised by the Participant from and after the Exercise Date (as defined below)Participant, in whole or in part, at any time or from time to time prior to the expiration of the Option in accordance with the default post-termination exercise period provided in Section 9.2(a) of the Plan, provided that the Participant must exercise the Option with respect to an equal number of shares of Class A Common Stock and Class B Common Stock subject to the Option concurrently. Notwithstanding the foregoing, the Participant may not exercise the Option unless the offering of shares of Common Stock issuable upon such exercise (i) is then registered under the Securities Act, or, if such offering is not then so registered, the Company has determined that such offering is exempt from the registration requirements of the Securities Act and (ii) complies with all other applicable laws and regulations; provided that, if the Option cannot be exercised by reason of this Section 4(a), then, to the extent the circumstances preventing the exercise of the Option can reasonably be remedied, the Company shall use commercially reasonable efforts to remedy such circumstances, which method of remediation shall be determined by the Company in its sole discretion.
Appears in 1 contract
Sources: Non Qualified Stock Option Agreement (Neiman Marcus Group LTD LLC)