Option Holder Sample Clauses

Option Holder. The Optionee or, if at the relevant time the Stock Option has passed to a Beneficiary, the Beneficiary.
Option Holder. By: ----------------------------- Its: ---------------------------- EGP: By: ----------------------------- Its: ---------------------------- EASY GARDENER PRODUCTS, LTD. By: ----------------------------- Its: ---------------------------- ESCROW AGENT: [____________] By: ----------------------------- Its: ---------------------------- 6 For Settlement Purposes Only EXHIBIT 4.1B TO SETTLEMENT AGREEMENT -------------------------------------------------------------------------------- EASY GARDENER PRODUCTS, LTD. and THE HOLDERS NAMED HEREIN OPTION AGREEMENT-B -------------------------------------------------------------------------------- _____________, 200___ 7 THIS OPTION AND THE UNDERLYING SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AND MAY NOT BE SOLD OR TRANSFERRED EXCEPT PURSUANT TO AN EXEMPTION FROM, OR OTHERWISE IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF SUCH ACT. OPTION AGREEMENT-B (Option to purchase 9.4% Cumulative Trust Preferred Securities of U.S. Home & Garden Trust I owned by Easy Gardener Products Ltd.) THIS OPTION AGREEMENT-B, dated ____________, 200__, is between Easy Gardener Products Ltd., a Texas limited partnership ("EGP"), and the holders from time to time of the Options or Option Securities referred to herein (the "Holders"). WHEREAS, the Holders, U.S. Home & Garden Inc. ("USHG") and USHG's wholly-owned subsidiary Easy Gardener, Inc. (the "Company") are parties to a Settlement Agreement, dated as of November 1, 2002 (the "Settlement Agreement"); WHEREAS, pursuant to the Settlement Agreement the Holders were granted the right to purchase up to 94,875 of the 9.4% Cumulative Trust Preferred Securities, liquidation amount $25 per Trust Preferred Security ("Preferred Securities"), originally issued by USHG's subsidiary U.S. Home & Garden Trust I (the "Trust") and repurchased by USHG, such right to be governed by the terms of this Option Agreement-B; and WHEREAS, the Preferred Securities have been transferred by USHG to EGP, and WHEREAS, the Holders understand that the Preferred Securities were issued by the Trust, but that the Options herein granted by EGP, represent the right to purchase from EGP (and not from the Trust) Preferred Securities originally issued by the Trust that are now owned by EGP; NOW, THEREFORE, in consideration of the premises EGP and the Holders agree as follows:
Option Holder. By: ----------------------------- Its: ---------------------------- EGP: EASY GARDENER PRODUCTS, LTD. By: ----------------------------- Its: ---------------------------- ESCROW AGENT: [____________] By: ----------------------------- Its: ---------------------------- 6 For Settlement Purposes Only -------------------------------------------------------------------------------- U.S. HOME & GARDEN INC. and THE HOLDERS NAMED HEREIN AMENDED AND RESTATED WARRANT AGREEMENT -------------------------------------------------------------------------------- ___________, 200__ EXHIBIT 5.1 TO SETTLEMENT AGREEMENT U.S. HOME & GARDEN INC. AMENDED AND RESTATED WARRANT AGREEMENT THIS AMENDED AND RESTATED WARRANT AGREEMENT, dated as of ___________, 200__, is between U.S. Home & Garden Inc., a Delaware corporation (the "Issuer"), and the holders from time to time of the Warrants referred to herein (the "Holders"). WHEREAS, the Issuer and the Holders are parties to a Settlement Agreement dated as __________, 2002 (the "Settlement Agreement") which provides, among other things, that upon consummation of the Transaction (as defined therein), that certain Warrant Agreement executed and delivered by the Issuer in connection with the Note and Warrant Purchase, Guaranty and Security Agreement, dated as of November 15, 2001 (the "Purchase Agreement"), among the Holders, the Issuer, the Issuer's wholly-owned subsidiary Easy Gardener, Inc. (the "Company") and certain of the Issuer's other subsidiaries (the "Warrant Agreement") shall be amended and restated in its entirety from and as of November 15, 2001 by this Amended and Restated Warrant Agreement. NOW, THEREFORE, in consideration of the consent by the Golub Parties (as defined the Settlement Agreement) to the Transaction and in consideration of the premises, the Issuer and the Holders agree as follows:
Option Holder. Each Option shall state the name of the Option Holder.
Option Holder shall have the same meaning as set forth in the Option Plan.