GRANT OF ADDITIONAL OPTIONS. Prior to the Closing, Company shall issue, at the direction of Parent, nonstatutory options (which are not intended to qualify as incentive stock options under Section 422 of the Code) to the persons set forth on, and in such amounts and on the terms and conditions set forth in Schedule 6.8(e) hereto (such options shall be referred to as "Additional Company Options") to the extent permitted by state securities laws. Company shall make all filings and applications required under applicable federal securities laws and applicable state securities laws in connection with the issuance of the Additional Company Options. Company and Parent acknowledge that the Additional Company Options shall not constitute ISO's. Parent shall account for the issuance of the Additional Company Options in accordance with GAAP as deferred compensation amortizable over the vesting period of the Additional Company Options.
Appears in 2 contracts
Sources: Merger Agreement (Vina Technologies Inc), Merger Agreement (Vina Technologies Inc)