Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act"), at the time this Option is exercised, Optionee shall, concurrently with the exercise of all or any portion of this Option, deliver to the Company his Investment Representation Statement in the form attached hereto as Exhibit "B". As a condition to the exercise of this Option, the Company may require Optionee to make any representation and warranty to the Company as may be required by any applicable law or regulation.
Appears in 3 contracts
Samples: Qualified Stock Option Agreement (Equifin Inc), Qualified Stock Option Agreement (Equifin Inc), Non Qualified Stock Option Agreement (Equifin Inc)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this the Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act")amended, at the time this Option is exercised, Optionee shall, concurrently with the exercise of all or any portion of this Option, deliver to the Company his the Optionee's Investment Representation Statement in the such form attached hereto as Exhibit "B". As a condition to the exercise of this Option, the Company may require Optionee to make any representation and warranty to the Company as may be required by any in the opinion of the Company's legal counsel to comply with applicable law or regulationstate and federal securities laws.
Appears in 2 contracts
Samples: Direct Focus (Direct Focus Inc), Direct Focus (Direct Focus Inc)
Optionee’s Representations. In the event the Company's issuance of the Shares purchasable pursuant to the exercise of this Option have has not been registered under the Securities Act of 1933, as amended (the "Securities Act")amended, at the time this Option is exercised, Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his Investment Representation Statement in the form attached hereto investment representations as Exhibit "B". As a condition to the exercise of this Option, the Company may require Optionee to make any representation and warranty to the Company as may be required by any applicable law or regulationrequest.
Appears in 2 contracts
Samples: Netcreations Inc, Netcreations Inc
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities ActSECURITIES ACT"), at the time this Option is exercised, Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his Investment Representation Statement an investment representation statement in the form attached hereto as Exhibit "B". As customary form, a condition to the exercise copy of this Option, which is available for Optionee's review from the Company may require Optionee to make any representation and warranty to the Company as may be required by any applicable law or regulationupon request.
Appears in 1 contract
Samples: Centura Software Corp
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act")amended, at the time this Option is exercised, Optionee shall, if required by Company, concurrently with the exercise of all or any portion of this the Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit "B". As a condition , and shall read the applicable rules of the Commissioner of Corporations attached to the exercise of this Option, the Company may require Optionee to make any representation and warranty to the Company as may be required by any applicable law or regulationsuch Investment Representation Statement.
Appears in 1 contract
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act")amended, at the time this Option is exercised, Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his Investment Representation Statement in the form attached hereto as Exhibit "B". As a condition EXHIBIT B and, if applicable, shall review the applicable rules of the Commissioner of Corporations attached to the exercise of this Option, the Company may require Optionee to make any representation and warranty to the Company as may be required by any applicable law or regulationsuch Investment Representation Statement.
Appears in 1 contract
Samples: Diva Systems Corp
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act"), at the time this Option is exercised, and such registration is required for the Optionee to effect the sale or transfer of such Shares, the Optionee shall, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit Annex "BA". As a condition to the exercise of this Option, the Company may require Optionee to make any representation and warranty to the Company as may be required by any applicable law or regulation.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Ameripath Inc)
Optionee’s Representations. In the event the Shares purchasable which may be purchased pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act"), at the time this Option is exercised, Optionee shall, concurrently with the exercise of all or any portion of this Option, deliver to the Company a statement representing his Investment Representation Statement intent to invest in the Company in such form attached hereto as Exhibit "B". As a condition to the exercise of this Option, the Company in its sole discretion may require Optionee to make any representation and warranty to the Company as may be required by any applicable law or regulationprovide.
Appears in 1 contract
Samples: Incentive and Non Qualified Stock Option Agreement (Cryenco Sciences Inc)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities 1933 Act"), at the time this Option is exercised, Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his Investment Representation Statement in the form attached hereto as Exhibit "B". As a condition to the exercise of this Option, the Company may require Optionee to make any representation and warranty to the Company as may be required by any applicable law or regulationB. .
Appears in 1 contract
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act")amended, at the time this Option is exercised, Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his Investment Representation Statement in the form attached hereto as Exhibit "B". As a condition to the exercise of this Option, the Company may require Optionee to make any representation and warranty to the Company as may be required by any applicable law or regulationStatement.
Appears in 1 contract
Samples: Stock Option Agreement (Adaptec Inc)
Optionee’s Representations. In the event the Shares purchasable pursuant to the exercise of this Option have not been registered under the Securities Act of 1933, as amended (the "Securities Act"), at the time this Option is exercised, Optionee shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his Investment Representation Statement an investment representation statement in the form attached hereto as Exhibit "B". As customary form, a condition to the exercise copy of this Option, which is available for Optionee's review from the Company may require Optionee to make any representation and warranty to the Company as may be required by any applicable law or regulationupon request.
Appears in 1 contract
Samples: Stock Option Agreement (Angiotech Pharmaceuticals Inc)