Procedures for tendering options. 18 5. Withdrawal Rights and Change of Election .................................................................... 19 6.
Procedures for tendering options. Proper Tender of Options. ------------------------ To validly tender your options through the offer, you must, in accordance with the terms of the Election Form, properly complete, execute and deliver the Election Form to us via facsimile (fax # (650) 930-1606) or hand delivery to Melanie Sherk, along with any oxxxx xxxxxxxx documents. Melanie Shexx xxxx xxxxxve all of the required documents before the xxxxxxxxxx xate. The expiration date is 9:00 p.m. Pacific Standard Time on December 17, 2001. The delivery of all documents, including Election Forms and any Notices to Change Election from Accept to Reject and any other required documents, is at your risk. We intend to confirm the receipt of your Election Form within two (2) business days; if you have not received such a confirmation of receipt, it is your responsibility to ensure that your Election Form has been received by us.
Procedures for tendering options. Proper Tender of Options. ------------------------ To validly tender your options through the offer, you must, in accordance with the terms of offer and in compliance with the Instructions to the Election Form, properly complete, execute and deliver the Election Form, along with any other required documents, to us via facsimile (fax: 408-571-5175) or hand delivery to Stock Administration (Attention Cxxxx Xxxxx xr Kim Gonsalves) at Redback Networks Inc., 250 Holger Xxx, Xxx Xxse, XX 00000 (xxxephone: 000-071-5000). Stock Administration must receive all of the required documents before the Offer Expiration Date. The Offer Expiration Date is 9:00 PM Pacific Time on October 12, 2001, unless the offer is extended. The Election Form must be signed and dated and you must check the box next to each option you elect to tender for replacement. In addition, the Election Form must specify: o the name of the option holder who tendered the options, o the grant date of all options to be tendered, o the total number of unexercised option shares subject to each option to be tendered, o the exercise price of all options to be tendered, o the vesting start date of all options to be tendered, and o the vesting schedule of each option to be tendered.
Procedures for tendering options. Proper Tender of Options. ------------------------ To validly tender your options through the offer, you must, in accordance with the terms of the Election Form, properly complete, execute and deliver the Election Form to us via fax (fax # (000) 000-0000) or hand delivery to Shareholder Services, Attention: Xxxx Xxxxxx along with any other required documents. Xxxx Xxxxxx must receive all of the required documents before the expiration date. The expiration date is 12:00 midnight New York City Time on June 8, 2001. The delivery of all documents, including Election Forms and any Notices to Change Election From Accept to Reject and any other required documents, is at your risk. If delivery is by mail, we recommend that you use registered mail with return receipt requested. In all cases, you should allow sufficient time to ensure timely delivery.
Procedures for tendering options. The third paragraph of the section of the offer to purchase beginning on page 10 entitled "Procedures for Tendering Options" shall be amended and restated in its entirety as follows: "Subject to our right to extend, terminate or amend the offer, we will accept promptly after the expiration date all properly tendered options that have not been validly withdrawn." The third sentence of the fifth paragraph of the section of the offer to purchase beginning on page 10 entitled "Procedures for Tendering Options" shall be amended and restated in its entirety as follows: "We also reserve the right in our discretion to waive any defect or irregularity in the election form of any particular holder, whether or not similar defects or irregularities are waived in the case of other holders. However, if we waive a condition, it will be waived for all holders." EXTENSION, AMENDMENT AND TERMINATION OF THE OFFER The section of the offer to purchase beginning on page 11 and entitled "Extension, Amendment and Termination of the Offer" is hereby amended to add the following paragraph: "NSI will not terminate the offer prior to the expiration date for any reason other than (a) the termination of the merger agreement or (b) the occurrence of any of the events expressly set forth in the section of this supplement entitled "Conditions" above. If NSI terminates the offer prior to the expiration as set forth in the foregoing sentence, NSI will promptly return each tendered option to the holder thereof." All references in the offer to purchase and this supplement to NSI terminating the offer prior to the expiration date should be read together with the foregoing paragraph.
Procedures for tendering options. PROPER TENDER OF OPTIONS. To validly tender your options through the offer, you must, in accordance with the terms of the Election Form (in the form attached as Annex 1) and its accompanying instructions, properly complete, execute and deliver the Election Form to us via facsimile (fax number (000) 000-0000) or hand delivery, courier or mail to Xxxx Xxxx, SEC Reporting Manager, at XXX, Inc., 0000 Xxxxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxx 00000, along with any other required documents. We must receive all of the required documents before 9:00 p.m., Pacific Time, on the Expiration Date. The Expiration Date is June 24, 2003, unless we extend the offer. If you do not deliver your Election Form by the deadline, then you will not be able to participate in the option exchange, and all stock options currently held by you will remain unchanged at their original exercise price and under their original terms. If the offer is extended by us, you must deliver these documents before 9:00 p.m., Pacific Time, on the extended Expiration Date. We will not accept delivery of any Election Form after expiration of the offer. If you deliver an Election Form and then decide to tender additional Eligible Options, you must properly complete, execute and deliver to us a new Election Form before 9:00 p.m., Pacific Time, on the Expiration Date. Except as described in the following sentences, an Election Form must be executed by the option holder who tendered the options exactly as the option holder's name appears on the option agreement or agreements evidencing such options. If the option holder's name has been legally changed since the signing of the option agreement, the option holder must submit proof of the legal name change. If the signature is by a trustee, executor, administrator, guardian, attorney-in-fact, officer of a corporation or another person acting in a fiduciary or representative capacity, the signer's full title and proper evidence of authority of such person to act in such a representative capacity must be indicated on the Election Form. IF YOU RETURN FOR EXCHANGE ANY ELIGIBLE OPTION, YOU WILL AUTOMATICALLY BE DEEMED TO HAVE RETURNED ALL OF YOUR REQUIRED OPTIONS FOR EXCHANGE AND CANCELLATION, ALTHOUGH YOU MUST STILL PROPERLY COMPLETE THE ELECTION FORM. THE DELIVERY OF ALL DOCUMENTS, INCLUDING ELECTION FORMS, NOTICES TO WITHDRAW FROM THE OFFER AND ANY OTHER REQUIRED DOCUMENT, IS AT YOUR OWN RISK. IF DELIVERY IS BY MAIL, WE RECOMMEND THAT YOU USE REGISTERED MAIL WITH RET...
