Common use of Method of Exercising Option Clause in Contracts

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date"). The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 17 contracts

Samples: Stock Option Agreement (On Semiconductor Corp), Stock Option Agreement (On Semiconductor Corp), Stock Option Agreement (On Semiconductor Corp)

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Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Company. The notice shall state the Optionee 's ’s election to exercise the Option, Option and the number of underlying shares in respect of which an election to exercise has been made , the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee . Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event Optionee, or if the Option shall be is exercised by a person or persons other than the Optionee pursuant to paragraph 8 hereof because of the Optionee’s death, such notice shall must be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option . All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery .

Appears in 14 contracts

Samples: Incentive Stock Option Award Agreement (Net Element, Inc.), Incentive Stock Option Award Agreement (Cryoport, Inc.), Stock Option Agreement (Meritage Homes CORP)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date"). The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof below), the exact name or names in which the shares will be registered and the Social Security taxpayer identification number of the Optionee. Such The notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event If the Option shall be is exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof below, such the notice shall be signed by such the other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such the person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 13 contracts

Samples: Stock Option Agreement (I/Omagic Corp), Stock Option Agreement (Netguru Inc), Agreement (Biogan International Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 13 contracts

Samples: Stock Option Agreement (Jamba, Inc.), Stock Option Agreement (Jamba, Inc.), Stock Option Agreement (Enernoc Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery of written notice to the Company of written notice or such other person as the Board shall designate, which notice shall be effective on the date received by the Company or such other person ("Effective Date"). The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 and 14 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery . . In the event the Stock purchasable pursuant to the exercise of the Option has not been registered under the Securities Act of 1933, as amended, at the time the Option is exercised, the Optionee shall, if requested by the Company, concurrently with the exercise of all or any portion of the Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.

Appears in 8 contracts

Samples: Mona Michael Joseph Jr, Stock Option Agreement (Blue Fire Equipment Corp), CV Sciences, Inc.

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( " Effective Date " ). The notice shall state the Optionee 's ’s election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 7 contracts

Samples: Performance Based Stock Option Agreement (On Semiconductor Corp), Stock Option Agreement (On Semiconductor Corp), Form of Stock Option Grant Agreement (On Semiconductor Corp)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company Company, at its principal office in the State of written notice Tennessee, which notice shall be effective on the date received by the Company ("Effective Date") is set forth in Section 8 hereof. The Such notice shall state the Optionee's election to exercise the Option, Option and the number of shares Shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered it is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment in full of the purchase price Option Price pursuant to Section 3 above and any applicable withholding taxes, and the Company shall deliver a certificate or certificates representing the Shares subject to such exercise as soon as practicable after the notice shall be received. The certificate or certificates for the Shares as to which the Option shall have been so exercised shall be registered in the name of such shares the person so exercising the Option and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised by a any person or persons other than the Optionee pursuant to paragraph 8 in accordance with the terms hereof, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable. The holder of the Option shall not be entitled to the privileges of share ownership as to any shares of Common Stock not actually issued and delivered to the Optionee.

Appears in 4 contracts

Samples: Nonqualified Stock Option Agreement (Forward Air Corp), Nonqualified Stock Option Agreement (Forward Air Corp), Nonqualified Stock Option Agreement (Forward Air Corp)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company Secretary of written notice the Corporation, which notice shall at its principal office or such other location as may be effective on the date received designated by the Company ("Effective Date") Secretary of the Corporation. The Such notice shall state the Optionee's election to exercise the Option, Option and the number of shares Shares in respect of which an election to exercise has been made it is being exercised, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and person or persons so exercising the Option. The notice of election shall be accompanied by this Agreement and payment of the full purchase price for the Shares being purchased. The Corporation shall deliver a certificate or certificates representing Shares as soon as practicable after the notice of such shares election has been received. In the event the Option shall be exercised by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Option Holder, such the notice shall be signed by such other person or persons and of election shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 4 contracts

Samples: Stock Option Agreement (Unilab Corp /De/), Stock Option Agreement (Unilab Corp /De/), Certain Employment Agreement (Unilab Corp /De/)

Method of Exercising Option. Subject to the terms and conditions of this the Option Agreement, the Option may be exercised by timely delivery written notice to the Company in care of written notice its Secretary at its address of P. O. Box 419226, which notice shall be effective on the date received by the Company ("Effective Date") Kansas City, Missouri 64141-6226. The Such notice shall state the Optionee's election to exercise the Option, option and the number of shares in respect of which an election to exercise has been made it is being exercised, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall person or persons exercising the Option. Such notice must be accompanied by payment of the full purchase price of such shares , and the date such notice and payment is received shall be the "Exercise Date." Payment of such purchase price shall in either case be made either by check payable to the order of the Company, or if the Company consents to have payment made in shares of the Company, by delivery of certificates for the requisite number of shares. The certificate or certificates for the shares as to which the Option shall have been exercised shall be registered in the name of the person or persons so exercising the Option and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised pursuant to Paragraph 7 hereof by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Employee, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company evidence of the legal right authority of such person or persons to exercise the Option. All shares delivered by Option and evidence satisfactory to the Company upon exercise of the Option shall be fully that any death taxes payable with respect to such shares have been paid and nonassessable upon delivery or provided for.

Appears in 3 contracts

Samples: Stock Option Agreement (Kemper R Crosby Jr), Stock Option Agreement (Kemper R Crosby Jr), Stock Option Agreement (Kemper R Crosby Jr)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date"). The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof below), the exact name or names in which the shares will be registered and the Social Security taxpayer identification number of the Optionee. Such The notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 3 contracts

Samples: Stock Option Agreement (SSP Solutions Inc), Stock Option Agreement (SSP Solutions Inc), Stock Option Agreement (SSP Solutions Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 8 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 3 contracts

Samples: Stock Option Agreement (American Well Corp), Stock Option Agreement (Alphatec Holdings, Inc.), Stock Option Agreement (Alphatec Holdings, Inc.)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 3 contracts

Samples: Stock Option Agreement (Immunogen Inc), Stock Option Agreement (Immunogen Inc), Stock Option Agreement (Response Genetics Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company Company, at its principal office in the State of written notice Tennessee, which notice shall be effective on the date received by the Company ("Effective Date") is set forth in Section 8 hereof. The Such notice shall state the Optionee's election to exercise the Option, Option and the number of shares Shares in respect of which an election it is being exercised and by payment in full of the Option Price pursuant to exercise has been made Section 3 above, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of Company shall deliver a certificate or certificates representing the Optionee. Such Shares subject to such exercise as soon as practicable after the notice shall be signed by received. The certificate or certificates for the Optionee Shares as to which the Option shall have been so exercised shall be registered in the name of the person so exercising the Option and shall be accompanied by payment delivered as provided above to or upon the written order of the purchase price of such shares person exercising the Option. In the event the Option shall be exercised by a any person or persons other than the Optionee pursuant to paragraph 8 in accordance with the terms hereof, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable. The holder of the Option shall not be entitled to the privileges or share ownership as to any shares of Common Stock not actually issued and delivered to the Optionee.

Appears in 3 contracts

Samples: Stock Option Agreement (Forward Air Corp), Incentive Stock Option Agreement (Forward Air Corp), Forward Air Corp

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option Options may be exercised by timely delivery to the Company of a written notice, which notice shall be effective on the date received by the Company ("Effective Date") Company. The written notice shall state the Optionee Undersigned's election to exercise the Option Options, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof) elected, the exact name or names in which the shares will be registered and the Undersigned's Social Security number of the Optionee number. Such notice shall be signed by the Optionee Undersigned and shall be accompanied by payment of the purchase price of such shares. In the event the Option Options shall be exercised by a person or persons other than Optionee the Undersigned pursuant to paragraph 8 Paragraph 6 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option Options. All shares delivered by the Company upon exercise of the Option Options as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 3 contracts

Samples: Amended and Restated Stockholders Agreement (Citadel Communications Corp), Amended and Restated Stockholders Agreement (Citadel License Inc), Amended and Restated Stockholders Agreement (Citadel License Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( " Effective Date " ). The notice shall state the Optionee 's ’s election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names names, address(es) and Social Security Number(s) of the individual(s) in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 3 contracts

Samples: Stock Option Agreement (White Electronic Designs Corp), Stock Option Agreement (White Electronic Designs Corp), Employee Stock Option Agreement (White Electronic Designs Corp)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Company. The notice shall state the Optionee's election to exercise the Option, the number of shares Shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares Shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares Shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof Optionee, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares Shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 3 contracts

Samples: Temecula Valley Bancorp Inc, Temecula Valley Bancorp Inc, Temecula Valley Bancorp Inc

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Company. The notice shall state the Optionee 's ’s election to exercise the Option, Option and the number of underlying shares in respect of which an election to exercise has been made , the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee . Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event Optionee, or if the Option shall be is exercised by a person or persons other than the Optionee pursuant to paragraph 8 hereof because of the Optionee’s death or disability, such notice shall must be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option . All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery .

Appears in 3 contracts

Samples: Stock Option Agreement (Quepasa Corp), Stock Option Agreement (Quepasa Corp), Quepasa Corp

Method of Exercising Option. Subject to the terms and conditions of this the Option Agreement, the Option may be exercised by timely delivery written notice to the Company in care of written notice its Secretary at its address of P. O. Box 419226, which notice shall be effective on the date received by the Company ("Effective Date") Kansas City, Missouri 64141-6226. The Such notice shall state the Optionee's election to exercise the Option, Option and the number of shares in respect of which an election to exercise has been made it is being exercised, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall person or persons exercising the Option. Such notice must be accompanied by payment of the full purchase price of such shares , and the date such notice and payment is received shall be the "Exercise Date." Payment of such purchase price shall in either case be made either by check payable to the order of the Company, or if the Company consents to have payment made in shares of the Company, by delivery of certificates for the requisite number of shares. The certificate or certificates for the shares as to which the Option shall have been exercised shall be registered in the name of the person or persons so exercising the Option and shall be delivered as provided above to or upon the written order of the person or persons exercising the Option. In the event the Option shall be exercised pursuant to Paragraph 7 hereof by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Employee, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company evidence of the legal right authority of such person or persons to exercise the Option. All shares delivered by Option and evidence satisfactory to the Company upon exercise of the Option shall be fully that any death taxes payable with respect to such shares have been paid and nonassessable upon delivery or provided for.

Appears in 2 contracts

Samples: Stock Option Agreement (Kemper R Crosby Jr), Stock Option Agreement (Kemper R Crosby Jr)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of a written notice, which notice of exercise that shall be become effective on the date received by the Company ("Effective Date") Company. The notice shall state the Optionee's Employee’s election to exercise the Option, the number of shares in respect of Option Shares for which an the election to exercise has been made, the method of payment elected (see paragraph pursuant to Paragraph 7 hereof ) , and the exact name or names in which the shares will purchased Option Shares are to be registered and the Social Security number of the Optionee registered. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price Exercise Price for the purchased Option Shares, except to the extent payment is to be made pursuant to the same day exercise and sale procedure set forth in clause (ii) of such shares Paragraph 7. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph 8 Paragraph 9(a) hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable non-assessable upon delivery.

Appears in 2 contracts

Samples: Stock Option Agreement (Apollo Group Inc), Stock Option Agreement (Apollo Education Group Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date"). The notice shall state the Optionee Employee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 8 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee Employee. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph 8 10 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 2 contracts

Samples: Garcia Ernest C Ii, Garcia Ernest C Ii

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") EXHIBIT A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Section 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or "blue sky" laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company's share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 2 contracts

Samples: Stock Option Agreement (Synta Pharmaceuticals Corp), Stock Option Agreement (Synta Pharmaceuticals Corp)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan, which shall include, at the sole option of Participant and hereby approved by the Company, cashless exercise as provided in paragraph 9(c) of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 2 contracts

Samples: Stock Option Agreement (NeuMedia, Inc.), Stock Option Agreement (NeuMedia, Inc.)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or "blue sky" laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company's share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 2 contracts

Samples: Stock Option Agreement (Enernoc Inc), Stock Option Agreement (National Datacomputer Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date"). The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names names, address(es) and Social Security Number(s) of the individual(s) in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 2 contracts

Samples: Stock Option Agreement (White Electronic Designs Corp), White Electronic Designs Corp

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( the "Effective Date"). The notice shall state the Optionee Employee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 6 hereof), the exact name or names in which the shares will be registered registered, and the Social Security number of the Optionee Employee. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 2 contracts

Samples: Stock Option Agreement (Regency Health Services Inc), Stock Option Agreement (Regency Health Services Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( the "Effective Date"). The notice shall state the Optionee Employee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee Employee. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph 8 9 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 2 contracts

Samples: Microtest Inc, Microtest Inc

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( the "Effective Date"). The notice shall state the Optionee Officer's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee Officer. Such notice shall be signed by the Optionee Officer and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee Officer pursuant to paragraph 8 9 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 2 contracts

Samples: Microtest Inc, Microtest Inc

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( the "Effective Date"). The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), and the exact name or names in which the shares will be registered and the Social Security number of the Optionee registered. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares shares in cash or certified or cashier's check in the amount of the full purchase price (the number of shares being purchased multiplied by the price per share). In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof Optionee, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 2 contracts

Samples: Esoft Inc, Esoft Inc

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company Chief Financial Officer of written notice, which notice shall be effective on the date received by the Company ("Effective Date") at the principal office of the Company. The Such notice shall state the Optionee's election to exercise the Option, Option and the number of shares in respect of which an election to exercise has been made it is being exercised, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and person so exercising the Option. Such notice shall be accompanied by payment of the full purchase price of such shares shares which payment shall be made (i) in cash or by certified check or bank draft payable to the Company, (ii) by any other form of legal consideration deemed sufficient by the Company and consistent with the purpose of this Agreement and applicable law, (iii) in the sole discretion of the Company, by delivery of shares of Common Stock of the Company having a Fair Market Value equal to the purchase price, or (iv) by a combination of cash and shares of Common Stock, whose Fair Market Value shall equal the purchase price. For purposes of this Section 8, the “Fair Market Value” of the Common Stock of the Company shall be established in the manner set forth in Section 20 of this Agreement. The certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the name of the person so exercising the Option, or if the Optionee so elects, in the name of the Optionee or one other person as joint tenants, and shall be delivered as soon as practicable after the notice shall have been received. The Option and rights thereunder shall be exercisable during the Optionee’s lifetime only by the Optionee (except as provided herein) or, if permissible under applicable law, by the Optionee’s guardian or legal representative. In the event the Option shall be exercised by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Optionee, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 2 contracts

Samples: Stock Option Agreement (Arctic Cat Inc), Stock Option Agreement (Arctic Cat Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Company. The notice shall state the Optionee's election to exercise the Option, Option and the number of underlying shares in respect of which an election to exercise has been made , the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee . Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event Optionee, or if the Option shall be is exercised by a person or persons other than the Optionee pursuant to paragraph 8 hereof because of the Optionee's death or Disability, such notice shall must be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option . All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery .

Appears in 2 contracts

Samples: Stock Option Agreement (Willdan Group, Inc.), Incentive Stock Option Agreement (Willdan Group, Inc.)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Company. The notice shall state the Optionee 's ’s election to exercise the Option, Option and the number of underlying shares in respect of which an election to exercise has been made , the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee . Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event Optionee, or if the Option shall be is exercised by a person or persons other than the Optionee pursuant to paragraph 8 hereof because of the Optionee’s death, such notice shall must be signed by such other person or persons and shall be accompanied by proof acceptable to the Company Committee of the legal right of such person or persons to exercise the Option . All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery .

Appears in 2 contracts

Samples: Nonqualified Stock Option Award Agreement (Accelerate Diagnostics, Inc), Incentive Stock Option Award Agreement (Accelerate Diagnostics, Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written or electronic notice, which notice shall be effective on the date received by the Company ("Effective Date") Company. The notice shall state the Optionee 's ’s election to exercise the Option, Option and the number of underlying shares in respect of which an election to exercise has been made , the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee . Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event Optionee, or if the Option shall be is exercised by a person or persons other than the Optionee pursuant to paragraph 8 hereof because of the Optionee’s death, such notice shall must be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option . All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery .

Appears in 2 contracts

Samples: Form of Stock Option Award Agreement (Peregrine Pharmaceuticals Inc), Form of Stock Option Award Agreement (Peregrine Pharmaceuticals Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery of written notice to the Company of written notice or such other person as the Board shall designate, which notice shall be effective on the date received by the Company or such other person ( " Effective Date " ). The notice shall state the Optionee 's ’s election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 and 14 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery . . In the event the Stock purchasable pursuant to the exercise of the Option has not been registered under the Securities Act of 1933, as amended, at the time the Option is exercised, the Optionee shall, if requested by the Company, concurrently with the exercise of all or any portion of the Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.

Appears in 1 contract

Samples: Stock Option Agreement (Livedeal Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company (or its designated agent) of a written notice, which or electronic notice of exercise that shall be become effective on the date received by the Company ("Effective Date") Company. The notice shall state the Optionee's Employee’s election to exercise the Option, the number of shares in respect of Option Shares for which an the election to exercise has been made, the method of payment elected (see paragraph pursuant to Paragraph 7 hereof ) , and the exact name or names in which the shares will stock certificates for purchased Option Shares are to be registered and the Social Security number of the Optionee registered. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price Exercise Price for the purchased Optioned Shares, except to the extent payment is to be made pursuant to the same day exercise and sale procedure set forth in clause (ii) of such shares Paragraph 7. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph 8 9(a) hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable non-assessable upon delivery.

Appears in 1 contract

Samples: Stock Option Agreement (Apollo Group Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of a written notice, which notice of exercise that shall be become effective on the date received by the Company ("Effective Date") Company. The notice shall state the Optionee's Employee’s election to exercise the Option, the number of shares in respect of Option Shares for which an the election to exercise has been made, the method of payment elected (see paragraph pursuant to Paragraph 7 hereof ) , and the exact name or names in which the shares will purchased Option Shares are to be registered and the Social Security number of the Optionee registered. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price Exercise Price for the purchased Option Shares, except to the extent payment is to be made pursuant to the same day exercise and sale procedure set forth in clause (ii) of such shares Paragraph 7. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph 8 Paragraph 9(a) hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable non–assessable upon delivery.

Appears in 1 contract

Samples: Stock Option Agreement (Apollo Group Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, notice which notice shall be become effective on the date received by the Company ( " the “Effective Date " ). The notice shall state the Optionee's Employee’s election to exercise the Option, the number of shares in respect of Option Shares for which an the election to exercise has been made, the method of payment elected (see pursuant to paragraph 7 hereof ) , the exact name or names in which the shares will purchased Option Shares are to be registered and the Social Security number Number of the Optionee Employee. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price of Exercise Price for such shares. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph 8 9(a) hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable non-assessable upon delivery.

Appears in 1 contract

Samples: Stock Option Agreement (Apollo Group Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date"). The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered registered, and the Social Security taxpayer identification number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event If the Option shall be is exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Agreement (Biogan International Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received if received by the Company by 5:00 p.m. PST on a Business Day, or the following Business Day if received by the Company after 5:00 p.m. PST or on a non-Business Day ("Effective Date"). The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph Section 7 hereof below), the exact name or names in which the shares will be registered and the Social Security taxpayer identification number of the Optionee. Such The notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event If the Option shall be is exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof Section 8.2 below, such the notice shall be signed by such the other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such the person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Raptor Networks Technology Inc

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company Corporation (or its designated agent) of written notice, or electronic notice of exercise which notice shall be become effective on the date received by the Company Corporation ( " the “Effective Date " ). The notice shall state the Optionee Director's election to exercise the Option, the number of shares in respect of Option Shares for which an the election to exercise has been made, the method of payment elected (see pursuant to paragraph 7 12 hereof ) , the exact name or names in which the shares will stock certificates for the purchased Option Shares are to be registered and the Social Security number of the Optionee registered. Such notice shall be signed by the Optionee Director and shall be accompanied by payment of the purchase price of Exercise Price for such shares , unless the sale and remittance procedure set forth in clause (ii) of paragraph 12 is to be utilized for payment of the Exercise Price. In the event the Option shall be exercised by a person or persons other than Optionee Director pursuant to paragraph 8 subparagraph 6(b) or subparagraph 7(a) hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company Corporation of the legal right of such person or persons to exercise the Option. All shares delivered by the Company Corporation upon exercise of the Option as provided herein shall be fully paid and nonassessable non-assessable upon delivery.

Appears in 1 contract

Samples: Director Stock Option Agreement (Apollo Group Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company Corporation of written notice, notice which notice shall be become effective on the date received by the Company Corporation ( " the “Effective Date " ). The notice shall state the Optionee's Director’s election to exercise the Option, the number of shares in respect of Option Shares for which an the election to exercise has been made, the method of payment elected (see pursuant to paragraph 7 12 hereof ) , the exact name or names in which the shares will purchased Option Shares are to be registered and the Social Security number Number of the Optionee Director. Such notice shall be signed by the Optionee Director and shall be accompanied by payment of the purchase price of Exercise Price for such shares. In the event the Option shall be exercised by a person or persons other than Optionee Director pursuant to paragraph 8 subparagraph 6(b) hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company Corporation of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable non-assessable upon delivery.

Appears in 1 contract

Samples: Director Stock Option Agreement (Apollo Group Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice of exercise ("Notice of Exercise") in the form prescribed by the Company, to the Company of written notice at its offices at Yokneam Industrial Park, which notice shall be effective on the date received by the Company ("Effective Date"). The notice shall state the Optionee's election to exercise the Option P.O.B. 240, the number of shares in respect of which an election to exercise has been made Yokneam 20692, the method of payment elected (see paragraph 7 hereof) Israel, the exact name or names in which the shares will be registered and the Social Security number of the Optionee attention Chief Financial Officer. Such notice Notice of Exercise shall be signed by the Optionee person or persons so exercising the Option and shall be accompanied by payment in full of the purchase price Option Price for such Shares by wire transfer or by certified check, or in any other form accepted by the Company. Within thirty (30) days of receipt of Notice of Exercise, the Company shall issue shares, in the name of the person or persons exercising the Option, and deliver a certificate or certificates to the persons, representing such shares shares as soon as practicable after notice and payment shall be received. Except otherwise provide herein, the Option may not be exercised unless, at the time the Option is exercised and at all times from the Grant Date, the Optionee shall then be and shall have been, an employee of the Company. The Optionee shall be solely liable for all taxes and other fees resulting from the grant and/or exercise of options granted under this Agreement and disposition of shares acquired pursuant to the exercise of an Option, provided, however, that the Company may, in its discretion, require that the Optionee pay at the time of exercise, such amount as the Company deems necessary to satisfy its obligation to withhold Israeli or United States Federal, state, or local income or other taxes incurred by reason of the exercise or the transfer of Shares thereupon. In the event the Option shall be exercised by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Optionee, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered The Optionee shall have no rights of a stockholder with respect to Shares to be acquired by the Company upon exercise of the Option shall until a certificate or certificates representing such shares are issued to him and such Optionee becomes the holder of record of such Shares. By executing this Agreement the Optionee agrees to the terms of any Trust Agreement to be fully paid executed by the Company on behalf of the Optionee under the terms of the 1999 SOP including customary indemnification and nonassessable upon delivery remuneration provisions.

Appears in 1 contract

Samples: Genger Arie

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice of exercise ("Notice of Exercise") in the form prescribed by the Company, to the Company of written notice at its principal office at Yokneam Industrial Park, which notice shall be effective on P.O.B. 240, Yokneam 20692, Israel, attention Chief Financial Officer and/or to the date received by the Company ("Effective Date"). The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Compensation and the Social Security number of the Optionee Benefits Manager. Such notice Notice of Exercise shall be signed by the Optionee person or persons so exercising the Option and shall be accompanied by payment in full of the purchase price Option Price for such Shares by wire transfer or by certified check. Within thirty (30) days of receipt of Notice of Exercise, the Company shall issue shares, in the name of the person or persons exercising the Option (and in the case of 102 Options, in the name of the Trustee), and deliver a certificate or certificates to the persons, representing such shares shares as soon as practicable after notice and payment shall be received. Except otherwise provided herein, the Option may not be exercised unless, at the time the Option is exercised and at all times from the Grant Date, the Optionee shall then be and shall have been, an employee of the Company. The Optionee shall be solely liable for all taxes and other fees resulting from the grant and/or exercise of options granted under this Agreement and disposition of shares acquired pursuant to the exercise of an Option, provided, however, that the Company may, in its discretion, require that the Optionee pay at the time of exercise, such amount as the Company deems necessary to satisfy its obligation to withhold Israeli or any other country tax or in which the Company deems necessary to satisfy its obligation to withhold federal, state, or local income or other taxes incurred by reason of the exercise or the transfer of Shares thereupon. In the event the Option shall be exercised by a any person or persons other than the Optionee pursuant to paragraph 8 hereof shall exercise the Option, such notice shall be signed by such other person or persons and Notice of Exercise shall be accompanied by proof acceptable appropriate proof, to the Company Company's full satisfaction, of the legal right of such person or persons to exercise the Option. All shares delivered The Optionee shall have no rights of a stockholder with respect to Shares to be acquired by the Company upon exercise of the Option shall until a certificate or certificates representing such shares are issued to him and such Optionee becomes the holder of record of such Shares. By executing this Agreement the Optionee agrees to the terms of any Trust Agreement to be fully paid executed by the Company on behalf of the Optionee under the terms of the Plan including customary indemnification and nonassessable upon delivery remuneration provisions.

Appears in 1 contract

Samples: Lumenis LTD

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") EXHIBIT A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 8 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or "blue sky" laws). The Shares as to which the Option shall have been so exercised shall be registered in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company's share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Aristotle Corp

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") EXHIBIT A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or "blue sky" laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Employee and if the Employee shall so request in the notice exercising the Option, shall be registered in the Company's share register in the name of the Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Employee, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Metabolix, Inc.

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") EXHIBIT A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or "blue sky" laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company's share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Metabolix, Inc.

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") EXHIBIT A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Section 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Madrigal Pharmaceuticals, Inc.

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice Exhibit A attached hereto (or in such other form acceptable to the Company, which notice shall be effective on the date received by the Company ("Effective Date" may include electronic notice). The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee person exercising the Option (which signature may be provided electronically in a form acceptable to the Company). Payment of the Exercise Price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be accompanied by payment delivered as provided above to or upon the written order of the purchase price of such shares person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Stock Option Agreement (Arsanis, Inc.)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice Exhibit A attached hereto (or in such other form acceptable to the Company, which notice shall be effective on the date received by the Company ("Effective Date" may include electronic notice). The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee person exercising the Option (which signature may be provided electronically in a form acceptable to the Company). Payment of the Exercise Price for such Shares shall be made in​​accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be accompanied by payment delivered as provided above to or upon the written order of the purchase price of such shares person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Form of Stock Option Agreement (Albireo Pharma, Inc.)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee person exercising the Option. Payment of the Exercise Price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be accompanied by payment delivered as provided above to or upon the written order of the purchase price of such shares person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery non-assessable.

Appears in 1 contract

Samples: Stock Option Agreement (Caliper Life Sciences Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee person exercising the Option. Payment of the Exercise Price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be accompanied by payment delivered as provided above to or upon the written order of the purchase price of such shares person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Stock Option Agreement (Archemix Corp.)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 10 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or "blue sky" laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company's share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Stock Option Agreement (Majesco Entertainment Co)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 8 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Stock Option Agreement (Interleukin Genetics Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and person exercising the Option. Payment of the purchase price for such Shares shall be accompanied made in accordance with Paragraph 9 of the Plan, it being understood that the “cashless exercise” method of payment permitted, in the discretion of the Administrator, by clause (c) thereof shall be deemed approved by the Administrator as shall any payment consisting of a combination of the methods described in clause (a) and (c) of such Paragraph 9. If all or any part of the Option is exercised using the cashless exercise method, the Shares which are retained by the Company as payment of the purchase price for the Shares issued upon such exercise will be treated as having been issued upon exercise of a Non-Qualified Option. The Company shall deliver such Shares as soon as practicable after the notice shall be received; provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Employee and if the Employee shall so request in the notice exercising the Option, shall be registered in the name of the Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Employee, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Telx Group, Inc.)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan, it being understood that the “cashless exercise” method of payment permitted, in the discretion of the Administrator, by clause (c) thereof shall be deemed approved by the Administrator as shall any payment consisting of a combination of the methods described in clause (a) and (c) of such shares Paragraph 9. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Stock Option Agreement (Telx Group, Inc.)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or "blue sky" laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company's share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Stock Option Agreement (Altus Pharmaceuticals Inc.)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Stock Option Agreement (Paratek Pharmaceuticals Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company or its designee, in substantially the form of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Exhibit A attached hereto. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 9 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Stock Option Agreement (Interleukin Genetics Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company Company, at its principal office in the State of written notice Tennessee, which notice shall be effective on the date received by the Company ("Effective Date") is set forth in Section 8 hereof. The Such notice shall state the Optionee's election to exercise the Option, Option and the number of shares Shares in respect of which an election it is being exercised and by payment in full of the Option Price pursuant to exercise has been made Section 3 above, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of Company shall deliver a certificate or certificates representing the Optionee. Such Shares subject to such exercise as soon as practicable after the notice shall be signed by received. The certificate or certificates for the Optionee Shares as to which the Option shall have been so exercised shall be registered in the name of the person so exercising the Option and shall be accompanied by payment delivered as provided above to or upon the written order of the purchase price of such shares person exercising the Option. In the event the Option shall be exercised by a any person or persons other than the Optionee pursuant to paragraph 8 in accordance with the terms hereof, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable. The holder of the Option shall not be entitled to the privileges of share ownership as to any shares of Common Stock not actually issued and delivered to the Optionee.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Forward Air Corp)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company Company, at the principal executive office of written notice the Company, which notice shall be effective on the date received or in accordance with procedures established by the Company ("Effective Date") for electronic exercise of the Option. The Such notice shall state the Optionee's election to exercise the Option, Option and the number of shares Shares in respect of which an election to exercise has been made it is being exercised, shall be signed or otherwise authorized by the method of payment elected (see paragraph 7 hereof), person or persons so exercising the exact name or names Option in which substantially the shares will be registered and form prescribed by the Social Security number of the Optionee Company. Such notice shall be signed accompanied by provision for payment of the Optionee full purchase price for such Shares in the manner set forth in Section 7 of the Plan, and the Company shall deliver such Shares as soon as practicable after the notice shall be received, provided; however, that the Company may delay issuance of such Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person or persons so exercising the Option (or, if the Option shall be exercised by Participant and if Participant shall so request in the notice exercising the Option, shall be registered in the name of the Participant and another person jointly, with right of survivorship) and shall be accompanied by payment delivered as provided above to or upon the written order of the purchase price of such shares person or persons exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery non-assessable.

Appears in 1 contract

Samples: Option Agreement (Myriad Genetics Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised in accordance with the procedures established by timely delivery the Company for electronic exercise of the Option or by written notice to the Company of written notice or its designee, which notice shall be effective on in substantially the date received form prescribed by the Company ("Effective Date") Company. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 7 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the Company’s share register in the name of the person so exercising the Option (or, if the Option shall be exercised by the Employee and if the Employee shall so request in the notice exercising the Option, shall be registered in the name of the Employee and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Employee, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Myriad Genetics Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised in accordance with the procedures established by timely delivery the Company for electronic exercise of the Option or by written notice to the Company of written notice or its designee, which notice shall be effective on in substantially the date received form prescribed by the Company ("Effective Date") Company. The Such notice shall state the Optionee's election to exercise the Option, the number of shares in Shares with respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered Option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment person exercising the Option. Payment of the purchase price for such Shares shall be made in accordance with Paragraph 7 of the Plan. The Company shall deliver such Shares as soon as practicable after the notice shall be received, provided, however, that the Company may delay issuance of such shares Shares until completion of any action or obtaining of any consent, which the Company deems necessary under any applicable law (including, without limitation, state securities or “blue sky” laws). The Shares as to which the Option shall have been so exercised shall be registered in the name of the person so exercising the Option (or, if the Option shall be exercised by the Participant and if the Participant shall so request in the notice exercising the Option, shall be registered in the Company’s share register in the name of the Participant and another person jointly, with right of survivorship) and shall be delivered as provided above to or upon the written order of the person exercising the Option. In the event the Option shall be exercised exercised, pursuant to Section 4 hereof, by a any person or persons other than Optionee pursuant to paragraph 8 hereof the Participant, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by Shares that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery nonassessable.

Appears in 1 contract

Samples: Stock Option Agreement (Myriad Genetics Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option Options may be exercised by timely delivery to the Company of a written notice, which notice shall be effective on the date received by the Company ("Effective Date") Company. The written notice shall state the Optionee Wilson's election to exercise the Option Options, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof) elected, the exact name or names in which the shares will be registered and the Wilson's Social Security number of the Optionee number. Such notice shall be signed by the Optionee Wilson and shall be accompanied by payment of the purchase price of such shares. In the event the Option Options shall be exercised by a person or persons other than Optionee Wilson pursuant to paragraph 8 Section 6 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option Options. All shares delivered by the Company upon exercise of the Option Options as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Citadel License Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option Options may be exercised by timely delivery to the Company of a written notice, which notice shall be effective on the date received by the Company ("Effective Date") Company. The written notice shall state the Optionee Undersigned's election to exercise the Option Options, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof) elected, the exact name or names in which the shares will be registered and the Undersigned's Social Security number of the Optionee number. Such notice shall be signed by the Optionee Undersigned and shall be accompanied by payment of the purchase price of such shares. In the event the Option Options shall be exercised by a person or persons other than Optionee the Undersigned pursuant to paragraph 8 Paragraph 6 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option Options. All shares delivered by the Company upon exercise of the Option Options as provided herein shall be fully paid and nonassessable upon delivery . . 2

Appears in 1 contract

Samples: Amended and Restated Stockholders Agreement (Citadel Communications Corp)

Method of Exercising Option. Subject to the terms and conditions of this Option Award Agreement, the Option may be exercised by (i) timely submitting an Option Exercise Notice via the Plan Portal, or (ii) if the Optionee is unable to submit notice via the Plan Portal, by timely delivery to the Company or its designated agent of written notice, which notice shall be effective on the date received by the Company or its designated agent ( " Effective Date " ). The notice shall state the Optionee 's ’s election to exercise the Option, the number of shares in respect of to which an the election to exercise has been made relates, the method of payment elected (see paragraph 7 hereof) elected, the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such The notice shall must be signed by the Optionee and shall must be accompanied by payment of the purchase price of such shares price. In the event If the Option shall be is exercised by a person or persons other than the Optionee pursuant to paragraph 8 hereof under Section 9 below, such the notice shall must be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares Option Shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Incentive Stock Option Award Agreement (Acies Acquisition Corp.)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery of written notice to the Company of written notice or the brokerage firm or firms approved by the company to facilitate exercises and sales under the Plan, which notice shall be effective on the date received by the Company or the brokerage firm or firms ( " Effective Date " ). The notice shall state the Optionee 's ’s election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Clear Choice Financial, Inc.

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company Bancorp of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Bancorp. The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company Bancorp of the legal right of such person or persons to exercise the Option. All shares delivered by the Company Bancorp upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Temecula Valley Bancorp Inc

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company Bank of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Bank. The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company Bank of the legal right of such person or persons to exercise the Option. All shares delivered by the Company Bank upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Temecula Valley Bancorp Inc

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company Bank of written notice, which notice shall be effective on the date received by the Company Bank ("Effective Date"). The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof Optionee, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company Bank of the legal right of such person or persons to exercise the Option. All shares delivered by the Company Bank upon exercise of the Option shall be fully paid and nonassessable upon delivery delivery (except as provided in the National Bank Act, as amended).

Appears in 1 contract

Samples: Temecula Valley Bancorp Inc

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of (i) written notice, which notice shall be effective on the date received by the Company ( the "Effective Date") , and (ii) execution and delivery by Employee (or another permitted person or persons other than Employee pursuant to Paragraph 8 hereof) to Company, contemporaneously with the written notice described in the next sentence, of a Stock Transfer Restriction Agreement in the form attached hereto as Exhibit A (or in such similar form as the Company may hereafter require). The written notice pursuant to subparagraph (i) of this Paragraph shall state the Optionee Employee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof) elected, the exact name or names in which the shares will be registered and the Employee's Social Security number of the Optionee number. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph Paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery . . -2- 3

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Citadel License Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of (i) written notice, which notice shall be effective on the date received by the Company ( the "Effective Date") , and (ii) execution and delivery by Employee (or another permitted person or persons other than Employee pursuant to Paragraph 8 hereof) to Company, contemporaneously with the written notice described in the next sentence, of a Stock Transfer Restriction Agreement in the form attached hereto as Exhibit A (or in such similar form as the Company may hereafter require). The written notice pursuant to subparagraph (i) of this Paragraph shall state the Optionee Employee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof) elected, the exact name or names in which the shares will be registered and the Employee's Social Security number of the Optionee number. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph Paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery . . 3

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Citadel License Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( " Effective Date ") ”) and shall be provided in accordance with the procedures promulgated by the Company. The notice shall state the Optionee 's ’s election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Stock Option Agreement (On Semiconductor Corp)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( " Effective Date ") ”) and shall be provided in accordance with the procedures promulgated by the Company. The notice shall state the Optionee 's ’s election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 9 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Stock Option Agreement (On Semiconductor Corp)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( the "Effective Date"). The notice shall state the Optionee Contract Employee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 6 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee Contract Employee. Such notice shall be signed by the Optionee Contract Employee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee Contract Employee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Datahand Systems Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( the "Effective Date"). The notice shall state the Optionee Employee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 8 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee Employee. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph 8 10 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Garcia Ernest C Ii

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( the "Effective Date"). The notice shall state the Optionee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), and the exact name or names in which the shares will be registered and the Social Security number of the Optionee registered. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. Such payment may be in the form of cash or certified or cashier's check in the amount of the full purchase price (the number of shares being purchased multiplied by the price per share) or the Company shall, at the request of the Optionee, accept as payment of the purchase price a non-interest bearing, 12-month promissory note for all of the purchase price except the par value (which amount shall be paid in cash) of the shares purchased. Such note shall be secured by the shares purchased upon exercise of the option. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof Optionee, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Esoft Inc

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( " the “Effective Date " ). The notice shall state the Optionee's Employee’s election to exercise the Option, the number of shares of Stock in respect of which an the election to exercise has been made, the method of payment elected (see paragraph 7 5 hereof), the exact name or names in which the purchased shares of Stock will be registered and the Social Security number Number of the Optionee Employee. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase exercise price of for such shares. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph 8 7 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Stock Option Agreement (Apollo Group Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery written notice to the Company Chief Financial Officer of written notice, which notice shall be effective on the date received by the Company ("Effective Date") at the principal office of the Company. The Such notice shall state the Optionee's election to exercise the Option, Option and the number of shares in respect of which an election to exercise has been made being exercised, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and person so exercising the Option. Such notice shall be accompanied by payment of the full purchase price of such shares , which payment shall be made in cash or by certified check or bank draft payable to the Company or by delivery of shares of Common Stock already owned by Optionee (which in the case of Common Stock acquired upon exercise of an option, has been owned for more than six (6) months on the date of surrender). The certificate or certificates for the shares as to which the Option shall have been so exercised shall be registered in the name of the person so exercising the Option, or if the Optionee so elects, in the name of the Optionee and one other person as joint tenants, and shall be delivered as soon as practicable after the notice shall have been received. In the event the Option shall be exercised by a any person or persons other than the Optionee pursuant to paragraph 8 hereof shall exercise the Option, such notice shall be signed by such other person or persons and shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by that shall be purchased upon the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery non-assessable.

Appears in 1 contract

Samples: Stock Option Agreement (Angeion Corp/Mn)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement option agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( the "Effective Date"). The notice shall state the Optionee Employee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph Section 7 hereof), the exact name or names in which the shares of stock will be registered and the Social Security number of the Optionee Employee. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price of such shares shares of Stock. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph 8 Section 10 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Confidentiality and Nondisclosure Agreement (Schuff Steel Co)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement option agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ( the "Effective Date"). The notice shall state the Optionee Employee's election to exercise the Option, the number of shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 Section 8 hereof), the exact name or names in which the shares of Stock will be registered and the Social Security number of the Optionee Employee. Such notice shall be signed by the Optionee Employee and shall be accompanied by payment of the purchase price of such shares shares of Stock. In the event the Option shall be exercised by a person or persons other than Optionee Employee pursuant to paragraph 8 hereof the terms of this option agreement or the Plan, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. All shares of Stock delivered by the Company upon exercise of the Option as provided herein shall be fully paid and nonassessable upon delivery.

Appears in 1 contract

Samples: Schuff Steel Co

Method of Exercising Option. Subject to the terms and conditions of set forth herein, this Option Agreement, the Option option may be exercised by timely delivery written notice to the Company at the principal executive office of written notice the Company, which notice shall be effective on the date received by or to such transfer agent as the Company ("Effective Date") shall designate. The Such notice shall state the Optionee's election to exercise the Option, this option and the number of shares of the Company's Common Stock in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered this option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and individual(s) exercising this option. Such notice shall be accompanied by payment of the full purchase price of such shares shares as soon as practicable after the notice shall be received. The certificate(s) for the shares as to which this option shall have been so exercised shall be registered in the name of the individual(s) so exercising this option (or, if this option shall be exercised by the Optionee and if the Optionee shall so request in the notice of exercise, shall be registered in the name of the Optionee and another individual jointly, with full rights of survivorship) and shall be delivered as provided above to or upon the written order of the individual(s) exercising this option. In the event the Option this option shall be exercised exercised, pursuant to Section 5 above, by a person or persons any individual(s) other than Optionee pursuant to paragraph 8 hereof the Optionee, such notice shall be signed by such other person or persons and of exercise shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person or persons individual(s) to exercise the Option this option. All shares delivered by of the Company Company's Common Stock that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessable upon delivery non-assessable.

Appears in 1 contract

Samples: Property Settlement Agreement (Biomune Systems Inc)

Method of Exercising Option. Subject to the terms and conditions of set forth herein, this Option Agreement, the Option option may be exercised by timely delivery written notice to the Company at the principal executive office of written notice the Company, which notice shall be effective on the date received by or to such transfer agent as the Company ("Effective Date") shall designate. The Such notice shall state the Optionee's election to exercise the Option, this option and the number of shares of the Company's Common Stock in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof), the exact name or names in which the shares will be registered this option is being exercised and the Social Security number of the Optionee. Such notice shall be signed by the Optionee and individual(s) so exercising this option. Such notice shall be accompanied by payment of the full purchase price of such shares shares of the Company's Common Stock, and the Company shall deliver a certificate(s) representing such shares as soon as practicable after the notice shall be received. The certificate(s) for the shares as to which this option shall have been so exercised shall be registered in the name of the individual(s) so exercising this option (or, if this option shall be exercised by the Optionee and if the Optionee shall so request in the notice of exercise, shall be registered in the name of the Optionee and another individual jointly, with full rights of survivorship) and shall be delivered as provided above to or upon the written order of the individual(s) exercising this option. In the event the Option this option shall be exercised exercised, pursuant to Section 5 above, by a person or persons any individual(s) other than Optionee pursuant to paragraph 8 hereof the Optionee, such notice shall be signed by such other person or persons and of exercise shall be accompanied by appropriate proof acceptable to the Company of the legal right of such person individual(s) or persons to exercise the Option this option. All shares delivered by of the Company Company's Common Stock that shall be purchased upon the exercise of the Option this option as provided herein shall be fully paid and nonassessable upon delivery non-assessable.

Appears in 1 contract

Samples: Property Settlement Agreement (Biomune Systems Inc)

Method of Exercising Option. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice, which notice shall be effective on the date received by the Company ("Effective Date") Company. The notice shall state the Optionee 's ’s election to exercise the Option, Option and the number of underlying shares in respect of which an election to exercise has been made ; provided that, no Option may be exercised for fewer than ten (10) shares of Stock unless the method number of payment elected (see paragraph 7 hereof), shares with respect to the exact name or names in Option constitutes the total number of shares as to which the shares will be registered and the Social Security number of the Optionee Option is then exercisable. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event Optionee, or if the Option shall be is exercised by a person or persons other than the Optionee pursuant to paragraph 8 hereof because of the Optionee’s death, such notice shall must be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option . All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery .

Appears in 1 contract

Samples: Form of Stock Option Award Agreement (Accelr8 Technology Corp)

Method of Exercising Option. Subject to The Optionee may exercise any Vested Option concurrently with the terms and conditions consummation of a Company Sale Event. The Company shall give Optionee at least 30 days notice of the contemplated consummation of a Company Sale Event. Optionee may exercise this Option Agreement, within 20 days of the receipt of such notice as to some or all of the Option may be exercised Shares by timely delivery to the Company and to Alliance of a written notice notice in the form attached as Exhibit A (the "Exercise Notice"), which notice Exercise Notice shall be effective effective, subject to the requirements of this Agreement, on the later of the date received by both of the Company ("Effective Date") and Alliance. The notice Exercise Notice shall state the Optionee's election to exercise the Option, the number of shares Options in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof Section 5), the exact name or names in which the shares Shares then being purchased will be registered and the Social Security social security number of the Optionee. Such notice shall The Exercise Notice must be signed by the Optionee and shall must be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company aggregate Exercise Price of the legal right of such person or persons to exercise the Option. Shares then being purchased, determined in accordance with Part I. All shares Shares delivered by the Company Alliance upon exercise of the Option Options as provided in this Agreement shall be fully paid and nonassessable upon delivery . Unless the Shares issued upon the exercise of the Options are then the subject of a registration statement effective under the Securities Act of 1933, as amended ("Securities Act") (and, if required, there is available for delivery a prospectus meeting the requirements of Section 10(a)(3) of the Securities Act), the delivery of the Exercise Notice shall be deemed to be the making by the person delivering such Exercise Notice of the representations, acknowledgments and agreements which would be contained in the Investment Letter referred to in Section 9.

Appears in 1 contract

Samples: Englobal Corp

Method of Exercising Option. Subject to The Optionee may exercise any Vested Option concurrently with the terms and conditions consummation of a Company Sale Event. The Company shall give Optionee at least 30 days notice of the contemplated consummation of a Company Sale Event. Optionee may exercise this Option Agreement, within 20 days of the receipt of such notice as to some or all of the Option may be exercised Shares by timely delivery to the Company and to Alliance of a written notice notice in the form attached as Exhibit A (the "Exercise Notice), which notice Exercise Notice shall be effective effective, subject to the requirements of this Agreement, on the later of the date received by both of the Company ("Effective Date") and Alliance. The notice Exercise Notice shall state the Optionee's election to exercise the Option, the number of shares Options in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof Section 5), the exact name or names in which the shares Shares then being purchased will be registered and the Social Security social security number of the Optionee. Such notice shall The Exercise Notice must be signed by the Optionee and shall must be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by a person or persons other than Optionee pursuant to paragraph 8 hereof, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company aggregate Exercise Price of the legal right of such person or persons to exercise the Option. Shares then being purchased, determined in accordance with Part I. All shares Shares delivered by the Company Alliance upon exercise of the Option Options as provided in this Agreement shall be fully paid and nonassessable upon delivery . Unless the Shares issued upon the exercise of the Options are then the subject of a registration statement effective under the Securities Act of 1933, as amended ("Securities Act") (and, if required, there is available for delivery a prospectus meeting the requirements of Section 10(a)(3) of the Securities Act), the delivery of the Exercise Notice shall be deemed to be the making by the person delivering such Exercise Notice of the representations, acknowledgments and agreements which would be contained in the Investment Letter referred to in Section 9.

Appears in 1 contract

Samples: Englobal Corp

Method of Exercising Option. The Optionee may exercise the Option at any time prior to the termination of the Option with respect to all or any part of the Vested Shares. Subject to the terms and conditions of this Option Agreement, the Option may be exercised by timely delivery to the Company of a written notice notice in the form attached hereto as Exhibit A (the "EXERCISE NOTICE"), which notice Exercise Notice shall be effective effective, subject to the requirements of this Agreement and of the Plan, on the date received by the Company ("Effective Date") Company. The notice Exercise Notice shall state the Optionee's election to exercise the Option, the number of shares Vested Shares in respect of which an election to exercise has been made, the method of payment elected (see paragraph 7 hereof Paragraph 5), the exact name or names in which the shares Vested Shares then being purchased will be registered and the Social Security social security number of the Optionee. Such notice shall The Exercise Notice must be signed by the Optionee and shall must be accompanied by payment of the purchase price aggregate Exercise Price of such shares the Vested Shares then being purchased, determined in accordance with Paragraph 2 of this Agreement. In the event If the Option shall must be exercised by a person or persons other than the Optionee pursuant to paragraph 8 hereof 7, such notice shall the Exercise Notice must be signed by such other person or persons and shall must be accompanied by proof acceptable to the Company of the legal right of such person or persons to exercise the Option. If the Option is exercised by a person other than the Optionee, the Vested Shares issued upon such exercise shall be subject to the limitations applicable to such Vested Shares in the hands of the Optionee. All shares Vested Shares delivered by the Company upon exercise of the Option as provided in this Agreement shall be fully paid and nonassessable upon delivery . Unless the Vested Shares issued upon the exercise of the Option are then the subject of a registration statement effective under the Securities Act (and, if required, there is available for delivery a prospectus meeting the requirements of section 10(a)(3) of the Securities Act), the delivery of the PART II-Page 2 Exercise Notice shall be deemed to be the making by the person delivering such Exercise Notice of the representations, acknowledgments and agreements which would be contained in the Investment Letter referred to in paragraph 10.

Appears in 1 contract

Samples: Eurobancshares Inc

Method of Exercising Option. Subject The Options are exercisable by delivering a written notice signed by the Optionee to the terms and conditions Secretary of this Option Agreement, the Option may be exercised by timely delivery to the Company of written notice Company, which notice shall be effective on the date received by the Company ("Effective Date"). The notice shall state the Optionee's election to exercise the Option, specify the number of shares in respect to be acquired by virtue of which an election to the exercise has been made of the options. The Optionee shall further deliver the federal tax identification numbers or social security numbers of the Optionee, the method of payment elected (see paragraph 7 hereof) and the amount thereof, and the exact name or names in which the shares will be registered and the Social Security number registered. The Optionee may withdraw notice of exercise of the Optionee Option at any time before close of business on the business day preceding the exercise date. Such notice shall be signed by the Optionee and shall be accompanied by payment of the purchase price of such shares. In the event the Option shall be exercised by If a person or persons other than the Optionee pursuant to paragraph 8 hereof exercises the Option, such notice shall be signed by such other person or persons and shall be accompanied by proof acceptable to the Company of the legal right of must sign such person or persons to exercise the Option. All shares delivered by the Company upon exercise of the Option shall be fully paid and nonassessable upon delivery notice.

Appears in 1 contract

Samples: Consulting Services Agreement (Pinnacle Business Management Inc /Nv/)