Common use of Modification, Extension and Renewal Clause in Contracts

Modification, Extension and Renewal. The Board may modify, renew or accept the surrender of this Option, including the acceleration or waiver of any vesting or other restrictions or limitations, or the conversion of this Option (with appropriate adjustments) to be applicable to the securities of any successor corporation to the Company or parent of any such successor, and the Board may authorize new options in substitution for the Option. Any substituted, modified or converted options may bear such different or additional terms and conditions as the Board shall deem appropriate. The determination of the Board as to the terms of any of the foregoing may be made without regard to whether a Change in Control has or has not occurred (or whether the Board has determined that any event shall not be considered to be a Change in Control) and shall be conclusive and binding notwithstanding the provisions hereof regarding exercisability. Any fractional shares resulting from any of the foregoing adjustments under this Section shall be disregarded and eliminated. However, no modification of this Option shall, without the consent of the Optionee, adversely affect the rights or obligations of the Optionee with respect to this Option.

Appears in 14 contracts

Samples: Non Qualified Stock Option Agreement (Renal Care Group Inc), Non Qualified Stock Option Agreement (Renal Care Group Inc), Non Qualified Stock Option Agreement (Renal Care Group Inc)

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Modification, Extension and Renewal. The Board may modify, renew or accept the surrender of this Option, including the acceleration or waiver of any vesting or other restrictions or limitations, or the conversion of this Option (with appropriate adjustments) to be applicable to the securities of any successor corporation to the Company or parent of any such successor, and the Board may authorize new options in substitution for the Option. Any substituted, modified or converted options may bear such different or additional terms and conditions as the Board shall deem appropriate. The determination of the Board as to the terms of any of the foregoing may be made without regard to whether a Change in Control has or has not occurred (or whether the Board has determined that any event shall not be considered to be a Change in Control) and shall be conclusive and binding notwithstanding the provisions hereof regarding exercisability. Any fractional shares resulting from any of the foregoing adjustments under this Section shall be disregarded and eliminated. However, no modification of this Option shall, without the consent of the Optionee, adversely affect the rights or obligations of the Optionee with respect to this Option.of

Appears in 4 contracts

Samples: Option Agreement (Renal Care Group Inc), Non Qualified Stock Option Agreement (Renal Care Group Inc), Non Qualified Stock Option Agreement (Renal Care Group Inc)

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