Option Holders. (c) Promptly after the execution of any amendment or modification to this Agreement, the Option Agent shall furnish a copy of such amendment or modification to each Option Holder, to the Trustee and to the Rating Agencies. It shall not be necessary for the consent of the Option Holders or the Class A-1 Certificates to approve the particular form of any proposed amendment or modification, but it shall be sufficient if such consent shall approve the substance of such amendment or modification. The manner of obtaining and evidencing the authorization of the execution of such consents shall be subject to such reasonable regulations as the Option Agent may prescribe.
Option Holders. Upon the exercise of a stock Option held by any Stockholder party hereto, the rights, benefits, obligations, restrictions and duties contained in this Agreement with respect to the shares of Company Stock received pursuant to such exercise shall automatically, without any further action, apply, and Stockholder shall become bound by and entitled to the rights, benefits, obligations, restrictions and duties under this Agreement which are so applicable.
Option Holders. Each Option Holder shall have entered into the Option Holder's Stock Purchase Agreement and shall have performed all of his or her obligations to be performed thereunder on the Closing Date. All Options shall have terminated.
Option Holders. As noted in the Recitals above, EveryStory has outstanding options to purchase 592,300 shares of EveryStory common stock. Management of EveryStory has communicated with the holders of the Options (the “Optionholders”) relating to the Share Exchange transaction contemplated hereby, and EveryStory management anticipates that the Optionholders will agree that upon their exercise of the Options, they will be entitled to receive shares of KMI common stock on the same Exchange Ratio as received by the Shareholders, all as set forth in the table in Exhibit A.
Option Holders. Seller shall have delivered to Buyer either (i) satisfactory evidence of cancellation of options and release thereof by the Option Holder or (ii) an Option Holder Agreement executed by each Option Holder, accompanied by a certificate dated and effective as of the Closing Date and executed by each Option Holder certifying that such Option Holder has no claim, including claims for Damages or Liabilities, against the Company including without limitation claims arising from or relating to the option held by such Option Holder to acquire the common stock of the Company, the vesting and exercise of such option, and the sale to Buyer of the common stock acquired pursuant to the option. Each Option Holder exercising his options shall have complied with the Option Holder Agreement and sold and delivered (properly endorsed) the common stock of the Company to Buyer, and initialed his individual settlement sheet as contemplated in the Option Holder Agreement.
Option Holders. Option Holder Instruments of Accession and Option Surrender Agreements shall have been executed and delivered by at least that number of holders of Stock Options such that the Buyer shall have received Option Holder Instruments of Accession, Option Surrender Agreements and Share Holder Instruments of Accession representing, together with the Original Sellers, not less than 90% of the portion of the Purchase Price payable at Closing pursuant to Sections 1.4(b), (c), (d) and (e).
Option Holders. The Company shall have delivered to Parent signed release agreements from each of its Option Holders in substantially the form attached hereto as Exhibit C (the “Option Release Agreements”) and Seller shall have delivered Schedule I to Parent regarding the Option Payments to be made to the Option Holders; provided that if any Option Holder that does not own any vested Options has not signed an Option Release Agreement as of the Closing Date, the Company may instead terminate any unvested Options held by such Option Holder in accordance with the Company Stock Plan in lieu of delivering the Option Release Agreement applicable to such Option Holder;
Option Holders. Option holders holding at least ninety (90) percent of shares issuable under the existing Company Option Plan shall have entered into Lock-Up Agreements for a period of sixty (60) days; provided, however, that the holders of the vested options of continuing employees and the holders of options that will accelerate upon Closing (i.e. the non-continuing directors) shall enter into Lock-Up Agreements for a period of 120 days.
Option Holders. The Company shall ensure that no Company Options are exercised from and after the date that is seven (7) days prior to the Closing Date.
Option Holders. Each Option Holder covenants and agrees with the Buyer that, prior to the Closing or the termination of this Agreement, whichever is sooner, it shall not sell, dispose, pledge, encumber or otherwise transfer any Option or exercise any such Option.
