Common use of Mergers, Recapitalizations, Stock Splits, Etc Clause in Contracts

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised portion of the Option (i.e., Participant shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 16 contracts

Samples: Nonqualified Stock Option Agreement (Titan Machinery Inc.), Incentive Stock Option Agreement (Analysts International Corp), Nonqualified Stock Option Agreement (Analysts International Corp)

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Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised portion of the Option (i.e., Participant shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 9 contracts

Samples: Nonqualified Stock Option Agreement (Kips Bay Medical, Inc.), Incentive Stock Option Agreement (Kips Bay Medical, Inc.), Restricted Stock Agreement (Zomax Inc /Mn/)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 15 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised portion of the Option (i.e., Participant shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 5 contracts

Samples: Incentive Stock Option Agreement (Winland Electronics Inc), Nonqualified Stock Option Agreement (Winland Electronics Inc), Incentive Stock Option Agreement (Winland Electronics Inc)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 13 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised portion of the Option (i.e., Participant shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 4 contracts

Samples: Restricted Stock Agreement (Waters Instruments Inc), Nonqualified Stock Option Agreement (Cash Systems Inc), 2004 Equity Incentive Plan (Waters Instruments Inc)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 13 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend dividend, or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised portion shares of Common Stock for which the Option risks of forfeiture have not lapsed (i.e., i.e. Participant shall have such “anti-dilution” rights under the Option Award with respect to such events, but shall not have “preemptive” rights).

Appears in 3 contracts

Samples: Restricted Stock Agreement (Cash Systems Inc), Restricted Stock Agreement (Cash Systems Inc), Restricted Stock Agreement (Cash Systems Inc)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised portion of the Option this Award (i.e., Participant shall have such “anti-dilution” rights under the Option Award with respect to such events, but shall not have “preemptive” rights).

Appears in 2 contracts

Samples: Restricted Stock Agreement (Analysts International Corp), Restricted Stock Agreement (Analysts International Corp)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in ParticipantOptionee’s rights with respect to any unexercised portion of the Option (i.e., Participant Optionee shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Cardiovascular Systems Inc), Incentive Stock Option Agreement (Cardiovascular Systems Inc)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in ParticipantOptionee’s rights with respect to any unexercised portion of the Option (i.e., Participant Optionee shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 2 contracts

Samples: Agreement (Bluestem Brands, Inc.), Incentive Stock Option Agreement (Bluestem Brands, Inc.)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 4(c) of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in ParticipantOptionee’s rights with respect to any unexercised portion of the Option (i.e., Participant Optionee shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Insignia Systems Inc/Mn), Nonqualified Stock Option Agreement (Insignia Systems Inc/Mn)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 14 of the Plan, and subject to Paragraph 4 hereof, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised portion of the Option (i.e., Participant shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Makemusic, Inc.), Nonqualified Stock Option Agreement (Makemusic, Inc.)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in ParticipantOptionee’s rights with respect to any unexercised portion of the Option (i.e., Participant Optionee shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Bluestem Brands, Inc.), Agreement (Bluestem Brands, Inc.)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-offspinoff), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in ParticipantOptionee’s rights with respect to any unexercised portion of the Option (i.e., Participant Optionee shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 2 contracts

Samples: Agreement (Bluestem Brands, Inc.), Nonqualified Stock Option Agreement (Bluestem Brands, Inc.)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised portion restricted stock units subject to this Award which continue to be subject to risks of the Option forfeiture (i.e., Participant shall have such “anti-dilution” rights under the Option Award with respect to such events, but shall not have “preemptive” rights).

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Buffalo Wild Wings Inc)

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Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 4(c) of the Plan, certain changes in the number or character of the Common Stock common stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in ParticipantGrantee’s rights with respect to any unexercised unvested portion of the Option Units (i.e., Participant Grantee shall have such “anti-dilution” rights under the Option Units with respect to such events, but shall not have “preemptive” rights).

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Insignia Systems Inc/Mn)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 7 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in ParticipantOptionee’s rights with respect to any unexercised portion of the Option (( i.e., Participant Optionee shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Insignia Systems Inc/Mn)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised unvested portion of the Option this Award (i.e., Participant shall have such “anti-dilution” rights under the Option Award with respect to such events, but shall not have “preemptive” rights).

Appears in 1 contract

Samples: Restricted Stock Agreement (Analysts International Corp)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 11 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in ParticipantOptionee’s rights with respect to any unexercised portion of the Option (i.e., Participant Optionee shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Analysts International Corp)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 10 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalizationrecapitalizaiton, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s 's rights with respect to any unexercised portion of the Option (i.e., Participant shall have such "anti-dilution" rights under the Option with respect to such events, but shall not have "preemptive" rights).

Appears in 1 contract

Samples: 1987 Nonqualified Stock Option Agreement (Sopheon PLC)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 13 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised portion of the Option this SAR (i.e., Participant shall have such “anti-dilution” rights under the Option this SAR with respect to such events, but shall not have “preemptive” rights).

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (Waters Instruments Inc)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 13 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend dividend, or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised portion shares of Common Stock for which the Option (i.e., risks of forfeiture have not lapsed ( i.e. Participant shall have such “anti-dilution” rights under the Option Award with respect to such events, but shall not have “preemptive” rights).

Appears in 1 contract

Samples: Restricted Stock Agreement (Cash Systems Inc)

Mergers, Recapitalizations, Stock Splits, Etc. Pursuant and subject to Section 12 14 of the Plan, certain changes in the number or character of the Common Stock of the Company (through sale, merger, consolidation, exchange, reorganization, divestiture (including a spin-off), liquidation, recapitalization, stock split, stock dividend or otherwise) shall result in an adjustment, reduction or enlargement, as appropriate, in Participant’s rights with respect to any unexercised portion of the Option (i.e., Participant shall have such “anti-dilution” rights under the Option with respect to such events, but shall not have “preemptive” rights).

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Makemusic, Inc.)

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