Common use of Method of Exercise of This Option Clause in Contracts

Method of Exercise of This Option. To the extent vested, this Option may be exercised by giving written notice to the Company, as hereinafter provided, specifying the number of Option Shares to be purchased. The notice of exercise of this Option shall be in the form prescribed by the Committee and directed to the address set forth in Section 11 below. The date of exercise is the date on which such notice is received by the Company. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank check or such other instrument as the Company may accept, (ii) by tendering previously acquired Shares having an aggregate Fair Market Value at the time of exercise equal to the aggregate Exercise Price, (iii) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (iv) by a combination of (i) and (ii) and (iii). Promptly after such payment, subject to Section 4 below, the Company shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 4 contracts

Samples: Restricted Stock Agreement (Banc of California, Inc.), Nonqualified Option Agreement (Banc of California, Inc.), Omnibus Stock Incentive Plan (Banc of California, Inc.)

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Method of Exercise of This Option. To the extent vestedit is exercisable under subparagraph 1.b of this Agreement, this Option may be exercised during the Exercise Period by giving written notice to the Company, as hereinafter provided, TCF Financial specifying the number of Option Shares to be purchased. The notice of exercise of this Option shall must be in the form prescribed by the Committee committee referred to in section 2 of the Plan or its successor (the “Committee”) and directed to the address set forth in Section 11 paragraph 12 below. The date of exercise is the date on which such notice is received by the CompanyTCF Financial. Such notice shall must be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made either (i) by certified in cash, which may be in the form of a check, bank draft, or bank check money order payable to TCF Financial, or such other instrument as the Company may accept, (ii) if the Committee shall have previously approved such form of payment, by tendering previously acquired Shares delivering shares of Common Stock already owned by the Optionee having an aggregate a “Fair Market Value at Value” (as defined in the time Plan as in effect on the date of the grant of this Option) on the date of exercise equal to the aggregate Exercise Priceapplicable exercise price, or (iii) if the Committee shall have previously approved such form of payment, a combination of cash and such already-owned shares or (iv) if the Committee shall have previously approved a cashless exercise program, the Optionee may also exercise the Option in accordance with a cashless exercise program by instructing electing to have withheld from shares of Common Stock otherwise issuable to Optionee upon exercise of the Company to withhold Option a number of Shares having an aggregate shares of Common Stock whose “Fair Market Value Value” (based on as defined in the Fair Market Value of the Shares Plan) on the date of exercise) exercise is equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (iv) by a combination of (i) and (ii) and (iii)applicable exercise price. Promptly after such payment, subject to Section 4 paragraph 3 below, the Company TCF Financial shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares shares of Common Stock so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form jointly with right of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregardedsurvivorship.

Appears in 3 contracts

Samples: Nonqualified Stock Option Agreement (TCF Financial Corp), Nonqualified Stock Option Agreement (TCF Financial Corp), Nonqualified Stock Option Agreement (TCF Financial Corp)

Method of Exercise of This Option. To the extent vested, this This Option may be exercised during the Exercise Period by giving providing written notice to the Company, as hereinafter provided, Plan administrator of the Company specifying the number of Option Shares to be purchased. The notice ; provided however, that the minimum number of exercise Option Shares which may be purchased at any time shall be 100, or, if less, the total number of Option Shares relating to this Option shall be in the form prescribed by the Committee and directed to the address set forth in Section 11 belowwhich remain un-purchased. The date of exercise is the date on which such notice is received by the Company. Such notice shall must be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified in cash or bank check its equivalent (including cash or such other instrument as the Company may acceptits equivalent paid through a broker-assisted exercise program), (ii) by tendering previously acquired Shares shares of Common Stock having an aggregate Fair Market Value at the time of exercise equal to the aggregate Exercise Price, (iii) by instructing net exercise (a cashless exercise whereby the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) will reduce the number of Option Shares in respect issuable upon exercise by the number of which this Shares having a Fair Market Value equal to the aggregate Exercise Price for the Option shall have been exercisedShares to be purchased upon exercise), or (iv) by a combination of (i) and ), (ii) and (iii). Promptly after such payment, subject to Section 4 3 below, the Company shall issue and deliver to the Optionee (or other person exercising this Option if the Option was transferred in accordance with Section 6.11 of the Plan and Section 4 below) a certificate or certificates representing the Shares shares of Common Stock so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form jointly with right of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state lawsurvivorship. In lieu of issuing a certificate or certificates representing the Shares shares of Common Stock so purchased, the Company may cause such Shares shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 2 contracts

Samples: Great Southern (Great Southern Bancorp, Inc.), Incentive Stock Option Agreement (Great Southern Bancorp, Inc.)

Method of Exercise of This Option. To the extent vested, this Option may be exercised by giving written notice to the Company, as hereinafter provided, specifying the number of Option Shares to be purchased. The notice of exercise of this Option shall be in the form prescribed by the Committee and directed to the address set forth in Section 11 12 below. The date of exercise is the date on which such notice is received by the Company. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank check or such other instrument as the Company may accept, (ii) by tendering previously acquired Shares having an aggregate Fair Market Value at the time of exercise equal to the aggregate Exercise Price, (iii) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (iv) by a combination of (i) and (ii) and (iii). Promptly after such payment, subject to Section 4 below, the Company shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Banc of California, Inc.), Incentive Stock Option Agreement (Banc of California, Inc.)

Method of Exercise of This Option. To the extent vested, this Option may be exercised by giving written notice to the Company, as hereinafter provided, specifying the number of Option Shares to be purchased. The notice of exercise of this Option shall be in the form prescribed by the Committee and directed to the address set forth in Section 11 below. The date of exercise is the date on which such notice is received by the Company. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank check or such other instrument as the Company may accept, (ii) by tendering previously acquired unrestricted Shares having an aggregate Fair Market Value at the time of exercise equal to the aggregate Exercise Price, (iii) to the extent permitted by applicable law, by delivering a properly executed notice of exercise to the Company, together with a copy of irrevocable instructions to a broker to deliver promptly to the Company the amount of sale or loan proceeds necessary to pay the aggregate Exercise Price, and, if requested, the amount of any federal, state, local or foreign withholding taxes, (iv) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (ivv) by a any combination of (i), (ii), (iii) and (ii) and (iiiiv). Promptly after such payment, subject to Section 4 below, the Company shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 2 contracts

Samples: Nonqualified Option Agreement (Banc of California, Inc.), Nonqualified Option Agreement (Banc of California, Inc.)

Method of Exercise of This Option. To the extent vested, this This Option may be exercised during the Exercise Period, with respect to not more than the cumulative number of Option Shares set forth below on or after the dates indicated, by giving written notice to the Company, Corporation as hereinafter provided, provided specifying the number of Option Shares to be purchased. The number of Option Shares that are exercisable on a particular date pursuant to this Section 2 shall not be accelerated by the Committee (as defined in the Plan) except in connection with a change in control as set forth in Section 9 of this Award Agreement, or in the event of the death or disability of the Optionee or the allowance of such acceleration by applicable OTS regulations. Cumulative Number of Option Shares Exercisable Date [Vesting is over 5 years or more and no more than 20% of shares may vest per year.] The notice of exercise of this Option shall be in the form prescribed by the Committee referred to in Section 3 of the Plan and directed to the address set forth in Section 11 12 below. The date of exercise is the date on which such notice is received by the CompanyCorporation. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank in cash, which may be in the form of a check, money order, cashier's check or such other instrument as certified check, payable to the Company may acceptCorporation, or (ii) by tendering previously acquired Shares delivering shares of Common Stock already owned by the Optionee having an aggregate Fair a Market Value at the time of exercise equal to the aggregate Exercise Price, or (iii) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (iv) by a combination of (i) cash and (ii) and (iii)such shares. Promptly after such payment, subject to Section 4 3 below, the Company Corporation shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares shares of Common Stock so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Citizens Community Bancorp Inc.)

Method of Exercise of This Option. To the extent vested, this Option may be exercised by giving written notice to the Company, as hereinafter provided, specifying the number of Option Shares to be purchased. The notice of exercise of this Option shall be in the form prescribed by the Committee and directed to the address set forth in Section 11 12 below. The date of exercise is the date on which such notice is received by the Company. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank check or such other instrument as the Company may accept, (ii) by tendering previously acquired unrestricted Shares having an aggregate Fair Market Value at the time of exercise equal to the aggregate Exercise Price, (iii) to the extent permitted by applicable law, by delivering a properly executed notice of exercise to the Company, together with a copy of irrevocable instructions to a broker to deliver promptly to the Company the amount of sale or loan proceeds necessary to pay the aggregate Exercise Price, and, if requested, the amount of any federal, state, local or foreign withholding taxes, (iv) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (ivv) by a any combination of (i), (ii), (iii) and (ii) and (iiiiv). Promptly after such payment, subject to Section 4 below, the Company shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Banc of California, Inc.)

Method of Exercise of This Option. To the extent vested, this Option may be exercised by giving written notice to the Company, as hereinafter provided, specifying the number of Option Shares to be purchased. The notice of exercise of this Option shall be in the form prescribed by the Committee and directed to the address set forth in Section 11 10 below. The date of exercise is the date on which such notice is received by the Company. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank check or such other instrument as the Company may accept, (ii) by tendering previously acquired unrestricted Shares having an aggregate Fair Market Value at the time of exercise equal to the aggregate Exercise Price, (iii) to the extent permitted by applicable law, by delivering a properly executed notice of exercise to the Company, together with a copy of irrevocable instructions to a broker to deliver promptly to the Company the amount of sale or loan proceeds necessary to pay the aggregate Exercise Price, (iv) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (ivv) by a any combination of (i), (ii), (iii) and (ii) and (iiiiv). Promptly after such payment, subject to Section 4 below, the Company shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 1 contract

Samples: Nonqualified Option Agreement (Banc of California, Inc.)

Method of Exercise of This Option. To the extent vested, this This Option may be exercised during the Exercise Period, and the Option Shares will vest and become exercisable upon the satisfaction of the conditions contained in Schedule A attached hereto, by giving written notice to the Company, Corporation as hereinafter provided, provided specifying the number of Option Shares to be purchased. The number of Option Shares that are exercisable on a particular date pursuant to this Section 2 shall not be accelerated by the Committee (as defined in the Plan) except in connection with a change in control as set forth in Section 9 of this Award Agreement, or in the event of the death or disability of the Optionee. The notice of exercise of this Option shall be in the form prescribed by the Committee referred to in Article IV of the Plan and directed to the address set forth in Section 11 12 below. The date of exercise is the date on which such notice is received by the CompanyCorporation. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank in cash, which may be in the form of a check, money order, cashier' s check or such other instrument as certified check, payable to the Company may acceptCorporation, or (ii) by tendering previously acquired Shares delivering shares of Common Stock already owned by the Optionee having an aggregate a Fair Market Value at the time of exercise equal to the aggregate Exercise Price, or (iii) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (iv) by a combination of (i) cash and (ii) and (iii)such shares. Promptly after such payment, subject to Section 4 3 below, the Company Corporation shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares shares of Common Stock so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.2007/052407/IPA1 8K053107

Appears in 1 contract

Samples: Incentive Stock Option Agreement (First Financial Holdings Inc /De/)

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Method of Exercise of This Option. To the extent vested, this This Option may be exercised during the Exercise Period, with respect to not more than the cumulative number of Option Shares set forth below on or after the dates indicated, by giving written notice to the Company, Corporation as hereinafter provided, provided specifying the number of Option Shares to be purchased. The number of Option Shares that are exercisable on a particular date pursuant to this Section 2 shall not be accelerated by the Committee (as defined in the Plan) except, to the extent provided in this Award Agreement, in the event of the death or disability of the Optionee, in connection with a change in control (as defined in the Plan) or the allowance of such acceleration by applicable OTS regulations. Cumulative Number of Option Shares Exercisable Date , , , , , NEXT PAGE The notice of exercise of this Option shall be in the form prescribed by the Committee referred to in Section 3 of the Plan and directed to the address set forth in Section 11 below. The date of exercise is the date on which such notice is received by the CompanyCorporation. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank in cash, which may be in the form of a check, money order, cashier's check or such other instrument as certified check, payable to the Company may acceptCorporation, or (ii) by tendering previously acquired Shares delivering shares of Common Stock already owned by the Optionee having an aggregate Fair a Market Value at the time of exercise equal to the aggregate Exercise Price, or (iii) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (iv) by a combination of (i) cash and (ii) and (iii)such shares. Promptly after such payment, subject to Section 4 3 below, the Company Corporation shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares shares of Common Stock so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (First Pactrust Bancorp Inc)

Method of Exercise of This Option. To the extent vested, this This Option may be exercised during the Exercise Period, with respect to not more than the cumulative number of Option Shares set forth below on or after the dates indicated, by giving written notice to the Company, Corporation as hereinafter provided, provided specifying the number of Option Shares to be purchased. The number of Option Shares that are exercisable on a particular date pursuant to this Section 2 shall not be accelerated by the Committee (as defined in the Plan) except in connection with a change in control as set forth in Section 9 of this Award Agreement, or in the event of the death or disability of the Optionee. Number of Option Shares that Become Exercisable Cumulative Number of Option Shares that have Become Exercisable Date Total Any Options left unexercised as of the Expiration date of __________ will be forfeited. 2007/052407/IA1 8K053107 The notice of exercise of this Option shall be in the form prescribed by the Committee referred to in Article IV of the Plan and directed to the address set forth in Section 11 12 below. The date of exercise is the date on which such notice is received by the CompanyCorporation. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank in cash, which may be in the form of a check, money order, cashier's check or such other instrument as certified check, payable to the Company may acceptCorporation, or (ii) by tendering previously acquired Shares delivering shares of Common Stock already owned by the Optionee having an aggregate a Fair Market Value at the time of exercise equal to the aggregate Exercise Price, or (iii) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (iv) by a combination of (i) cash and (ii) and (iii)such shares. Promptly after such payment, subject to Section 4 3 below, the Company Corporation shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares shares of Common Stock so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 1 contract

Samples: First Financial (First Financial Holdings Inc /De/)

Method of Exercise of This Option. To the extent vested, this Option may be exercised by giving written notice to the Company, as hereinafter provided, specifying the number of Option Shares to be purchased. The notice of exercise of this Option shall be in the form prescribed by the Committee and directed to the address set forth in Section 11 12 below. The date of exercise is the date on which such notice is received by the Company. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank check or such other instrument as the Company may accept, (ii) by tendering previously acquired unrestricted Shares having an aggregate Fair Market Value at the time of exercise equal to the aggregate Exercise Price, (iii) to the extent permitted by applicable law, by delivering a properly executed notice of exercise to the Company, together with a copy of irrevocable instructions to a broker to deliver promptly to the Company the amount of sale or loan proceeds necessary to pay the aggregate Exercise Price, and, if requested, the amount of any federal, state, local or foreign withholding taxes, (iv) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (ivv) by a any combination of (i) and ), (ii) and ), (iii) (iv). Promptly after such payment, subject to Section 4 below, the Company shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Banc of California, Inc.)

Method of Exercise of This Option. To the extent vested, this This Option may be exercised during the Exercise Period, with respect to not more than the cumulative number of Option Shares set forth below on or after the dates indicated, by giving written notice to the Company, Corporation as hereinafter provided, provided specifying the number of Option Shares to be purchased. The number of Option Shares that are exercisable on a particular date pursuant to this Section 2 shall not be accelerated by the Committee (as defined in the Plan) except, to the extent provided in this Award Agreement, in the event of the death or disability of the Optionee, or in connection with a change in control. Number of Option Shares that Become Exercisable Cumulative Number of Option Shares that have Become Exercisable Date Total The notice of exercise of this Option shall be in the form prescribed by the Committee referred to in Article IV of the Plan and directed to the address set forth in Section 11 below. The date of 2007/052407/NQA1 8K053107 exercise is the date on which such notice is received by the CompanyCorporation. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank in cash, which may be in the form of a check, money order, cashier's check or such other instrument as certified check, payable to the Company may acceptCorporation, or (ii) by tendering previously acquired Shares delivering shares of Common Stock already owned by the Optionee having an aggregate a Fair Market Value at the time of exercise equal to the aggregate Exercise Price, or (iii) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (iv) by a combination of (i) cash and (ii) and (iii)such shares. Promptly after such payment, subject to Section 4 3 below, the Company Corporation shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares shares of Common Stock so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 1 contract

Samples: First Financial (First Financial Holdings Inc /De/)

Method of Exercise of This Option. To the extent vested, this This Option may be exercised during the Exercise Period, with respect to not more than the cumulative number of Option Shares set forth below on or after the dates indicated, by giving written notice to the Company, Corporation as hereinafter provided, provided specifying the number of Option Shares to be purchased. The number of Option Shares that are exercisable on a particular date pursuant to this Section 2 shall not be accelerated by the Committee (as defined in the Plan) except in connection with a change in control as set forth in Section 9 of this Award Agreement, or in the event of the death or disability of the Optionee or the allowance of such acceleration by applicable OTS regulations. Number of Option Shares Exercisable Date The notice of exercise of this Option shall be in the form prescribed by the Committee referred to in Section 3 of the Plan and directed to the address set forth in Section 11 12 below. The date of exercise is the date on which such notice is received by the CompanyCorporation. Such notice shall be accompanied by payment in full of the aggregate Exercise Price for the Option Shares to be purchased upon such exercise. Payment shall be made (i) by certified or bank in cash, which may be in the form of a check, money order, cashier’s check or such other instrument as certified check, payable to the Company may acceptCorporation, or (ii) by tendering previously acquired Shares delivering shares of Common Stock already owned by the Optionee having an aggregate Fair a Market Value at the time of exercise equal to the aggregate Exercise Price, or (iii) by instructing the Company to withhold a number of Shares having an aggregate Fair Market Value (based on the Fair Market Value of the Shares on the date of exercise) equal to the product of (A) the Exercise Price and (B) the number of Option Shares in respect of which this Option shall have been exercised, or (iv) by a combination of (i) cash and (ii) and (iii)such shares. Promptly after such payment, subject to Section 4 3 below, the Company Corporation shall issue and deliver to the Optionee or other person exercising this Option a certificate or certificates representing the Shares shares of Common Stock so purchased, registered in the name of the Optionee (or such other person), or, upon request, in the name of the Optionee (or such other person) and in the name of another in such form of joint ownership as requested by the Optionee (or such other person) pursuant to applicable state law. In lieu of issuing a certificate or certificates representing the Shares so purchased, the Company may cause such Shares to be credited to a book entry account maintained by the Company (or its transfer agent or other designee) for the benefit of the Optionee or other person exercising this Option, including any joint owner as provided in the immediately preceding sentence. For the avoidance of doubt, a fractional Share shall not be issuable hereunder, and when any provision hereof may entitle the Optionee to a fractional share, such fraction shall (unless the Committee determines otherwise) be disregarded.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Monarch Community Bancorp Inc)

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