Liability of Company. (a) If the Option Shares exceed, as of the Grant Date, the number of shares that may without shareholder approval be issued under the Plan, then this option will be void with respect to such excess shares unless shareholder approval of an amendment sufficiently increasing the number of shares issuable under the Plan is obtained in accordance with the provisions of the Plan.
Appears in 6 contracts
Samples: Term Sheet (Cephalon Inc), Agreement (Cephalon Inc), Grant Agreement (Cephalon Inc)
Liability of Company. (a) If the Option Shares exceed, as of the Grant Date, Date the Shares exceed the number of shares that may without shareholder stockholder approval be issued under the Plan, then this option Option will be void with respect to such excess shares unless shareholder stockholder approval of an amendment sufficiently increasing the number of shares issuable under the Plan is obtained in accordance with the provisions of the Plan.
Appears in 5 contracts
Samples: Employee Stock Option Agreement (Adolor Corp), Employee Stock Option Agreement (Adolor Corp), Stock Option Agreement (Adolor Corp)
Liability of Company. (a) If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares of Common Stock that may without shareholder approval be issued under the PlanPlan without shareholder approval, then this option will shall be void with respect to such excess shares shares, unless shareholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the applicable provisions of the Plan.
Appears in 5 contracts
Samples: Restricted Stock Award Agreement (NXT-Id, Inc.), Restricted Stock Award Agreement (NXT-Id, Inc.), Restricted Stock Award Agreement (xG TECHNOLOGY, INC.)
Liability of Company. (a) A. If the Option Shares covered by this Agreement exceed, as of the Grant Date, the number of shares that of Common Stock which may without shareholder stockholder approval be issued under the Plan, then this option will Option shall be void with respect to such excess shares shares, unless shareholder stockholder approval of an amendment sufficiently increasing the number of shares of Common Stock issuable under the Plan is obtained in accordance with the provisions of the Plan.
Appears in 4 contracts
Samples: Stock Option Agreement (Geron Corp), Stock Option Agreement (Geron Corp), Non Employee Director Stock Option Agreement (Geron Corp)
Liability of Company. (a) If the Option Shares exceed, as of the Grant Date, the number of shares that may without shareholder stockholder approval be issued under the Plan, then this option will be void with respect to such excess shares unless shareholder stockholder approval of an amendment sufficiently increasing the number of shares issuable under the Plan is obtained in accordance with the provisions of the Plan.
Appears in 2 contracts
Samples: Non Employee Director (Cephalon Inc), Non Employee Director (Cephalon Inc)
