Common use of Release of Shares From Repurchase Option Clause in Contracts

Release of Shares From Repurchase Option. (a) The Shares shall vest to Purchaser and be released from the Company's repurchase option as follows: Provided that Purchaser maintains a continuous status as a Service Provider of the Company, 25% of the Shares shall be released from the Company's Repurchase Option on the one year anniversary of the Vesting Commencement Date and an additional 1/48th of the Shares shall be released from the Company's Repurchase Option on the last day of each full calendar month thereafter. Notwithstanding the foregoing, upon any Change of Control (as herein defined) that number of Unreleased Shares, if any, which, when aggregated with any Shares previously released from the Repurchase Option, are required to equal fifty percent (50%) of the Shares shall be released from the Repurchase Option on the date the event constituting a Change of Control is consummated. The balance of the Shares subject to the Repurchase Option shall continue to be released from the Repurchase Option on the same schedule as existed prior to the Change of Control. For example, if a Change of Control occurs on a date where 25% of Purchaser's Shares have been released from the Company's Purchase Option, then an additional 25% of the Shares shall be released from the Purchase Option pursuant hereto. If a Change of Control occurs on a date where more than 50% of Purchaser's Shares have already been released from the Company's Purchase Option, then no additional Shares shall be released from the Purchase Option.

Appears in 4 contracts

Samples: Security Agreement (Avanex Corp), Security Agreement (Avanex Corp), Stock Option Agreement (Avanex Corp)

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Release of Shares From Repurchase Option. (a) The Shares shall vest to Purchaser and be released from the Company's repurchase option as follows: Provided that Purchaser maintains a continuous status as a Service Provider of the Company, 25% of the Shares shall be released from the Company's Repurchase Repuxxxxxx Option on the one year anniversary of the Vesting Commencement Date and an additional 1/48th of the Shares shall be released from the Company's Repurchase Option on the last day of each full calendar month thereafter. Notwithstanding the foregoing, upon any Change of Control (as herein defined) that number of Unreleased Shares, if any, which, when aggregated with any Shares previously released from the Repurchase Option, are required to equal fifty percent (50%) of the Shares shall be released from the Repurchase Option on the date the event constituting a Change of Control is consummated. The balance of the Shares subject to the Repurchase Option shall continue to be released from the Repurchase Option on the same schedule as existed prior to the Change of Control. For example, if a Change of Control occurs on a date where 25% of Purchaser's Shares have been released from the Company's Purchase Option, then an additional 25% of the Shares shall be released from the Purchase Option pursuant hereto. If a Change of Control occurs on a date where more than 50% of Purchaser's Shares have already been released from the Company's Purchase Option, then no additional Shares shall be released from the Purchase Option.

Appears in 1 contract

Samples: Security Agreement (Avanex Corp)

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Release of Shares From Repurchase Option. (a) The Shares shall vest to Purchaser and be released from the Company's repurchase option as follows: Provided that Purchaser maintains a continuous status as a Service Provider of the Company, 25% of the Shares shall be released from the Company's Repurchase Option on the one year anniversary of the Vesting Commencement Date October 8, 2000 and an additional 1/48th of the Shares shall be released from the Company's Repurchase Option on the last day of each full calendar month thereafter. Notwithstanding the foregoing, upon any Change of Control (as herein defined) that number of Unreleased Shares, if any, which, when aggregated with any Shares previously released from the Repurchase Option, are required to equal fifty percent (50%) of the Shares shall be released from the Repurchase Option on the date the event constituting a Change of Control is consummated. The balance of the Shares subject to the Repurchase Option shall continue to be released from the Repurchase Option on the same schedule as existed prior to the Change of Control. For example, if a Change of Control occurs on a date where 25% of Purchaser's Shares have been released from the Company's Purchase Option, then an additional 25% of the Shares shall be released from the Purchase Option pursuant hereto. If a Change of Control occurs on a date where more than 50% of Purchaser's Shares have already been released from the Company's Purchase Option, then no additional Shares shall be released from the Purchase Option.

Appears in 1 contract

Samples: Security Agreement (Avanex Corp)

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