Common use of Stock Option Plans Clause in Contracts

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their financial results or prospects.

Appears in 45 contracts

Samples: Form of Securities Purchase Agreement (Inuvo, Inc.), Form of Securities Purchase Agreement (Inuvo, Inc.), Securities Purchase Agreement (U.S. Gold Corp.)

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Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive equity compensation plan was granted (i) in accordance with the terms of such the Company’s equity compensation plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive equity compensation plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 15 contracts

Samples: Securities Purchase Agreement (Mangoceuticals, Inc.), Securities Purchase Agreement (Panbela Therapeutics, Inc.), Securities Purchase Agreement (Bio-Path Holdings Inc)

Stock Option Plans. Each Except as set forth on Schedule 3.1(ll), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 14 contracts

Samples: Securities Purchase Agreement (PFO Global, Inc.), Securities Purchase Agreement (PFO Global, Inc.), Securities Purchase Agreement (PFO Global, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock ADSs or Ordinary Shares on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Yoshitsu Co., LTD), Securities Purchase Agreement (SOS LTD), Securities Purchase Agreement (SOS LTD)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive other equity plan was granted (i) in accordance with the terms of such the Company’s stock option plan or other equity plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive other equity plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 8 contracts

Samples: Securities Purchase Agreement (VYNE Therapeutics Inc.), Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Securities Purchase Agreement (Presto Automation Inc.)

Stock Option Plans. Each Except as set forth in the SEC Document, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Evofem Biosciences, Inc.), Form of Securities Purchase Agreement (Evofem Biosciences, Inc.), Form of Securities Purchase Agreement (Evofem Biosciences, Inc.)

Stock Option Plans. Each Since commencement of trading of the Company’s Common Stock on The NASDAQ Capital Market, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s any stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Marathon Patent Group, Inc.), Subscription Agreement (Majesco Entertainment Co), Registration Rights Agreement (Majesco Entertainment Co)

Stock Option Plans. Each To the knowledge of the Company, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term equity incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No To the knowledge of the Company, no stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Adventrx Pharmaceuticals Inc), Securities Purchase Agreement (Adventrx Pharmaceuticals Inc), Securities Purchase Agreement (Adventrx Pharmaceuticals Inc)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan plan, or omnibus long-term incentive plan as an inducement grant outside of a stock option plan, was granted (i) in accordance with the terms of such the Company’s stock option plan or under its terms, respectively, and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Cinedigm Corp.), Securities Purchase Agreement (Future FinTech Group Inc.), Securities Purchase Agreement (Future FinTech Group Inc.)

Stock Option Plans. Each Except as set forth in the SEC Documents or on Schedule 3(pp), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 6 contracts

Samples: Securities Purchase Agreement (PAVmed Inc.), Securities Purchase Agreement (PAVmed Inc.), Securities Purchase Agreement (PAVmed Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan or the terms of the stock option agreements between the Company and the optionee and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Sg Blocks, Inc.), Securities Purchase Agreement (Sg Blocks, Inc.), Securities Purchase Agreement (Sg Blocks, Inc.)

Stock Option Plans. Each Except as set forth on Schedule 3.1(hh), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Oxygen Biotherapeutics, Inc.), Securities Purchase Agreement (Oxygen Biotherapeutics, Inc.), Securities Purchase Agreement (Oxygen Biotherapeutics, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan plan, if any, was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock Ordinary Shares on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 5 contracts

Samples: Rd Securities Purchase Agreement (EZGO Technologies Ltd.), Rd Securities Purchase Agreement (EZGO Technologies Ltd.), Securities Purchase Agreement (Rail Vision Ltd.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock ADSs or Class A Shares on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 4 contracts

Samples: Securities Purchase Agreement (BIT Mining LTD), Securities Purchase Agreement (BIT Mining LTD), Securities Purchase Agreement (BIT Mining LTD)

Stock Option Plans. Each To the Company’s knowledge, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No To the Company’s knowledge, no stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Mawson Infrastructure Group Inc.), Securities Purchase Agreement (Mawson Infrastructure Group Inc.), Securities Purchase Agreement (Mawson Infrastructure Group Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and applicable TSX Venture Exchange regulations and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 4 contracts

Samples: Securities Purchase Agreement (IntelGenx Technologies Corp.), Securities Purchase Agreement (IntelGenx Technologies Corp.), Securities Purchase Agreement (IntelGenx Technologies Corp.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan 2016 Stock Incentive Plan was granted (i) in accordance with the terms of such plan the Company’s 2016 Stock Incentive Plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan 2016 Stock Incentive Plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 4 contracts

Samples: Securities Purchase Agreement for Units (Tenax Therapeutics, Inc.), Securities Purchase Agreement (Tenax Therapeutics, Inc.), Securities Purchase Agreement (Tenax Therapeutics, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term equity incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan or equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Allarity Therapeutics, Inc.), Securities Purchase Agreement (Allarity Therapeutics, Inc.), Securities Purchase Agreement (Allarity Therapeutics, Inc.)

Stock Option Plans. Each Except as set forth on Schedule 3.1(kk), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Vuzix Corp), Securities Purchase Agreement (UFood Restaurant Group, Inc.), Securities Purchase Agreement (Vuzix Corp)

Stock Option Plans. Each stock option granted by the Company under the a Company’s stock option plan or omnibus long-term equity incentive plan was granted (i) in accordance with the terms of such a Company stock option or equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the a Company’s stock option plan or omnibus long-term equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Palisade Bio, Inc.), Securities Purchase Agreement (Palisade Bio, Inc.), Securities Purchase Agreement (Palisade Bio, Inc.)

Stock Option Plans. Each Excluding stock options not issued pursuant to stock option plans approved by the Company’s shareholders, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s any stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 3 contracts

Samples: Securities Purchase Agreement (NXT-Id, Inc.), Securities Purchase Agreement (iHookup Social, Inc.), Securities Purchase Agreement (Vapor Corp.)

Stock Option Plans. Each Except as set forth in the SEC Reports and Schedule 3.1(mm), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 3 contracts

Samples: Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (Progressive Care Inc.)

Stock Option Plans. Each Except as set forth on Schedule 3.1(ff), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their respective financial results or prospects.

Appears in 3 contracts

Samples: Placement Agency Agreement (Oxygen Biotherapeutics, Inc.), Placement Agency Agreement (Oxygen Biotherapeutics, Inc.), Placement Agency Agreement (Oxygen Biotherapeutics, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan plan, if any, was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock Shares on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 3 contracts

Samples: Clearmind Medicine Inc., Clearmind Medicine Inc., Clearmind Medicine Inc.

Stock Option Plans. Each Except as set forth herein, each stock option granted by the Company under the any Company’s stock option plan or omnibus long-term equity incentive plan (if any) was granted (i) in accordance with the terms of such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their financial results or prospects.

Appears in 3 contracts

Samples: Share Exchange Agreement (Yuenglings Ice Cream Corp), Share Exchange Agreement (New America Energy Corp.), Share Exchange Agreement (Yuenglings Ice Cream Corp)

Stock Option Plans. Each stock option granted by the Company under the Company’s 's stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company's stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP United States generally accepted accounting principles consistently applied and applicable law. No stock option granted under the Company’s 's stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Adcare Health Systems Inc), Securities Purchase Agreement (SouthPeak Interactive CORP), Securities Purchase Agreement (SouthPeak Interactive CORP)

Stock Option Plans. Each Except as set forth in the SEC Reports, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Artemis Therapeutics, Inc.), Market Offering Agreement (AzurRx BioPharma, Inc.), Securities Purchase Agreement (Oramed Pharmaceuticals Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock Shares on the date such stock option would be considered granted under GAAP Applicable Accounting Standards and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mogo Inc.), Securities Purchase Agreement (Mogo Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term equity incentive plan plans was granted (i) in accordance with the terms of such the Company’s applicable stock option or equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term equity incentive plan plans has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ocugen, Inc.), Securities Purchase Agreement (Ocugen, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (U.S. Gold Corp.), Securities Purchase Agreement (Canoo Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock Shares on the date such stock option would be considered granted under GAAP IFRS and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (HEXO Corp.), Securities Purchase Agreement (HEXO Corp.)

Stock Option Plans. Each Except as set forth on Schedule 3.1(ii), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Form of Securities Purchase Agreement (Assured Pharmacy, Inc.), Securities Purchase Agreement (Ekso Bionics Holdings, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) except as set forth on Schedule 3.1(11), with an exercise price at least equal to the fair market value of the Common Stock Ordinary Shares on the date such stock option would be considered granted under GAAP IFRS and applicable lawLaw. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Brenmiller Energy Ltd.), Securities Purchase Agreement (Brenmiller Energy Ltd.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable equity incentive plan of the Company or, if not granted pursuant to a plan, was duly approved by the board of directors of the Company, and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s 's stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Note and Warrant Purchase and Security Agreement (Broadcast International Inc), Securities Purchase Agreement (Liquidmetal Technologies Inc)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan 2020 Equity Incentive Plan or omnibus long-term incentive plan 2011 Omnibus Incentive Plan was granted (i) in accordance with the terms of such the Company’s respective equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term equity incentive plan plans has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, grant stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Underwriting Agreement (iMedia Brands, Inc.), iMedia Brands, Inc.

Stock Option Plans. Each Except as otherwise disclosed in the SEC Documents, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Adamis Pharmaceuticals Corp), Securities Purchase Agreement (Adamis Pharmaceuticals Corp)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of the applicable stock option plan of the Company (except for 1,250 shares subject to options granted outside any such plan plan) and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Digital Ally Inc), Securities Purchase Agreement (Digital Ally Inc)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan plans was granted (i) in accordance with the terms of such plan and the Company’s stock option plans and, in respect of citizens of the United States, (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan plans has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Connexa Sports Technologies Inc.), Securities Purchase Agreement (Connexa Sports Technologies Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value (determined in accordance with the Company’s stock option plan) of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Cesca Therapeutics Inc.), Securities Purchase Agreement (Cesca Therapeutics Inc.)

Stock Option Plans. Each Except as set forth on Schedule 3.1(kk), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan plans was granted (i) in accordance with the terms of such the applicable plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (UFood Restaurant Group, Inc.), Securities Purchase Agreement (UFood Restaurant Group, Inc.)

Stock Option Plans. Each Since commencement of trading of the Company’s Common Stock on The NASDAQ Capital Market (“NASDAQ CM”), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s any stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Dataram Corp), Securities Purchase Agreement (Dataram Corp)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) except as described on Schedule 3.1(mm), with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Titan Environmental Solutions Inc.), Securities Purchase Agreement (SmartKem, Inc.)

Stock Option Plans. Each Except as set forth on Schedule 3(oo), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No To the Company’s knowledge, no stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Security Agreement (Workhorse Group Inc.), Securities Purchase Agreement (Workhorse Group Inc.)

Stock Option Plans. Each Except as set forth on Schedule 3.37, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Camp Nine, Inc.), Unit Purchase Agreement (Camp Nine, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan equity incentive plans or omnibus long-term incentive plan plans was granted (i) in accordance with the terms of such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Adamis Pharmaceuticals Corp), Securities Purchase Agreement (Adamis Pharmaceuticals Corp)

Stock Option Plans. Each Except as disclosed in the Registration Statement or the Prospectus, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Real Goods Solar, Inc.), Securities Purchase Agreement (Real Goods Solar, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable Company stock option plan except as disclosed on Schedule 3(nn) and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP United States Generally Accepted Accounting Principals, consistently applied, and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Marshall Edwards Inc), Securities Purchase Agreement (Marshall Edwards Inc)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company or in compliance with Nasdaq Listing Rule 5635(c)(4) and (ii) with an exercise price at least equal to the fair market value of the shares of Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects. (oo) Reserved.

Appears in 1 contract

Samples: Securities Purchase Agreement (Femasys Inc)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP IFRS and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tanzanian Gold Corp)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock issuable with respect to such option, based on the applicable listing price of the Company’s Common Stock, on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their its financial results or prospects.. 18

Appears in 1 contract

Samples: Securities Purchase Agreement (Mechanical Technology Inc)

Stock Option Plans. Each stock option and restricted stock unit granted by the Company under the Company’s stock option plan or omnibus long-term equity incentive plan was granted (i) in accordance with the terms of such the Company’s equity incentive plan and (ii) in the case of stock options, with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fuel Tech, Inc.)

Stock Option Plans. Each Except as set forth on Schedule 3.1(jj), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Visualant Inc)

Stock Option Plans. Each stock option or restricted security granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options or restricted securities prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Design Within Reach Inc)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan or by the Board of Directors at the recommendation of the Company’s Compensation Committee and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan by the Board of Directors has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (PetVivo Holdings, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan Stock Plans was granted (i) in accordance with the terms of such plan the Company’s Stock Plans and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP United States generally accepted accounting principles and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan Stock Option Plans has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the any of its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Voting Agreement (VirtualScopics, Inc.)

Stock Option Plans. Each To the Company’s knowledge, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Ordinary Stock on the date such stock option would be considered granted under GAAP IFRS and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (E-Home Household Service Holdings LTD)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-long term incentive plan was granted (i) in accordance with the terms of such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP IFRS and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tanzanian Gold Corp)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdatedbackdated in violation of U.S. tax codes. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (TOMI Environmental Solutions, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s 's stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company's stock option plan or the terms of the stock option agreements between the Company and the optionee and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s 's stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Sg Blocks, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term equity incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term equity incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Allarity Therapeutics, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock Shares on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (MMTec, Inc.)

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Stock Option Plans. Each Except as set forth in Schedule 3(oo), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s 's stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Real Goods Solar, Inc.)

Stock Option Plans. Each Except as set forth in the SEC Reports or on, each stock option or stock issuance granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock incentive plan and (ii) with such options had an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Unit Purchase Agreement (Medovex Corp.)

Stock Option Plans. Each Except as set forth on Schedule 3(oo), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Workhorse Group Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such plan the Company’s 2015 Equity Incentive Plan, as amended, and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Series B Exchange Agreement (Tapinator, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock Class A Ordinary Shares on the date such stock option would be considered granted under U.S. GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Molecular Data Inc.)

Stock Option Plans. Each Except as set forth on Schedule 3(kk), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: The Market Offering Agreement (Sonoma Pharmaceuticals, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable Company stock option plan except as disclosed on Schedule 3.32 and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP United States generally accepted accounting principles, consistently applied, and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (MEI Pharma, Inc.)

Stock Option Plans. Each Except as set forth in Schedule 3(oo), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No To the knowledge of the Company and the Guarantors, no stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Note Purchase Agreement (Workhorse Group Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive other equity plan was granted (i) in accordance with the terms of such the Company’s stock option plan or other equity plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive other equity plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their its financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (NovaBay Pharmaceuticals, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan or in accordance with Nasdaq rule 5635(c)(4), and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: The Market Offering Agreement (Windtree Therapeutics Inc /De/)

Stock Option Plans. Each Except as set forth in Schedule 3(rr), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s 's stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Real Goods Solar, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable Company stock option plan and the requirements of the Exchange, and (ii) with an exercise price at least equal to the fair market value greater of the Common Stock closing market price of the underlying securities on (a) the Trading Day prior to the date of grant of such stock option would be considered granted under GAAP option, and applicable law(b) the date of grant of such stock option. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Debenture Purchase Agreement

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their financial results or prospects. (mm) Intentionally Omitted.

Appears in 1 contract

Samples: Securities Purchase Agreement (Englobal Corp)

Stock Option Plans. Each Except as set forth on Schedule 3.1 (kk), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (InspireMD, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan Equity Incentive Plan was granted (i) in accordance with the terms of such plan the Company’s Equity Incentive Plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No To the Company’s knowledge, no stock option granted under the Company’s stock option plan or omnibus long-term incentive plan Equity Incentive Plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bacterin International Holdings, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock issuable with respect to such option, based on the applicable listing price of the Company’s Common Stock, on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their its financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase, Loan and Security Agreement (Capstone Therapeutics Corp.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company or in compliance with Nasdaq Listing Rule 5635(c)(4) and (ii) with an exercise price at least equal to the fair market value of the shares of Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (PharmaCyte Biotech, Inc.)

Stock Option Plans. Each Except as set forth in Schedule 3(nn), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No To the knowledge of the Company, no stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Exchange Agreement (Workhorse Group Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan 2014 Equity Compensation Plan (the “Equity Compensation Plan”) was granted (i) in accordance with the terms of such plan the Company’s Equity Compensation Plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan Equity Compensation Plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Provectus Biopharmaceuticals, Inc.)

Stock Option Plans. Each outstanding stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock Ordinary Shares on the date such stock option would be considered granted under GAAP and applicable law. No outstanding stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and and, in the last five (5) years there has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (CYREN Ltd.)

Stock Option Plans. The Company has no stock option or similar plans except to the extent set forth in Schedule 3(mm). Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable Company stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s 's stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects. Nothing in this Agreement shall preclude the Company from creating or issuing equity based incentives pursuant to an Approved Stock Plan, as defined in the Notes.

Appears in 1 contract

Samples: Securities Purchase Agreement (Quest Patent Research Corp)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock as calculated under such stock option plan on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ireland Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive equity compensation plan was granted (i) in accordance with the terms of such the Company’s equity compensation plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP IFRS and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive equity compensation plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vision Marine Technologies Inc.)

Stock Option Plans. Each Except as set forth on Schedule 3.1(mm), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Form of Securities Purchase Agreement (Assured Pharmacy, Inc.)

Stock Option Plans. Each stock option granted by the Company under one of the Company’s stock option plan or omnibus long-term equity incentive plan plans was granted (i) in accordance with the terms of such the Company’s applicable equity incentive plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under any of the Company’s stock option plan or omnibus long-term equity incentive plan plans has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Blonder Tongue Laboratories Inc)

Stock Option Plans. Each Except as set forth in Section 3(pp), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable Company stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP GAAP, consistently applied during the periods involved, and applicable lawApplicable Law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries its Subsidiaries, if any, or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Medicine Man Technologies, Inc.)

Stock Option Plans. Each Since commencement of trading of the Company’s Common Stock on NASDAQ, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s any stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Subscription Agreement (Polarityte, Inc.)

Stock Option Plans. Each Except as set forth in the Protea SEC Reports or on Schedule 3.37, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Unit Purchase Agreement (Protea Biosciences Group, Inc.)

Stock Option Plans. Each Except as disclosed on Schedule 3.1(ll), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ir Biosciences Holdings Inc)

Stock Option Plans. Each During the past year, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock Shares on the date such stock option would be considered granted under GAAP and applicable law. No To the Company’s knowledge, no stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Wejo Group LTD)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP United States generally accepted accounting principles consistently applied and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Adcare Health Systems Inc)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such plan in all material respects and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Intrusion Inc)

Stock Option Plans. Each Except as set forth on Schedule 3(ii), each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the applicable stock option plan of the Company and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice of the Company to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Grove, Inc.)

Stock Option Plans. Each outstanding stock option granted by the Company under the Company’s stock option plan or omnibus long-term and equity incentive plan plans was granted (i) materially in accordance with the terms of such plan the Company’s stock option and equity incentive plans and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (A.C. Moore Arts & Crafts, Inc.)

Stock Option Plans. Each Since commencement of trading of the Company’s Common Stock on NYSE, each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such stock option plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s any stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Subscription Agreement (Digital Power Corp)

Stock Option Plans. Each stock option granted by the Company under the Company’s equity or stock option plan or omnibus long-term incentive plan plans was granted (i) in accordance with the terms of such plan the Company’s equity or stock option plans and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s equity or stock option plan or omnibus long-term incentive plan plans has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Creek Road Miners, Inc.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such the Company’s stock option plan and (ii) except as set forth in Schedule 3.1(mm), with an exercise price at least equal to the fair market value of the Common Stock Ordinary Shares on the date such stock option would be considered granted under GAAP IFRS and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the its Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (CollPlant Holdings Ltd.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock Ordinary Shares on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their financial results or prospects.

Appears in 1 contract

Samples: Securities Purchase Agreement (IceCure Medical Ltd.)

Stock Option Plans. Each stock option granted by the Company under the Company’s stock option plan or omnibus long-term incentive plan was granted (i) in accordance with the terms of such plan and (ii) with an exercise price at least equal to the fair market value of the Common Stock on the date such stock option would be considered granted under GAAP and applicable law. No stock option granted under the Company’s stock option plan or omnibus long-term incentive plan has been backdated. The Company has not knowingly granted, and there is no and has been no Company policy or practice to knowingly grant, stock options prior to, or otherwise knowingly coordinate the grant of stock options with, the release or other public announcement of material information regarding the Company or the Subsidiaries or their financial results or prospects. (mm) [Intentionally Omitted].

Appears in 1 contract

Samples: Securities Purchase Agreement (IMAC Holdings, Inc.)

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