Grant Subject to Stockholder Approval. This Agreement is conditioned upon approval of the Plan by the stockholders of the Company at the 2009 annual meeting of the Company’s stockholders. Notwithstanding anything to the contrary set forth in this Agreement, in the event that the Plan is not approved by the stockholders of the Company at such meeting, this Agreement shall immediately and automatically, without any further action of the parties hereto, become null and void and be of no further legal force or effect. Optionee acknowledges that he will not be entitled to receive any shares pursuant to this Agreement in the event that the stockholders of the Company do not approve the Plan at such meeting.
