Stock Options and Stock. (a) In accordance with Sections 5(d) and (e) of the Employment Agreement, subject to Section 4(c) below, and subject to any restrictions otherwise provided hereinafter or by agreement, plan terms or law, Farha (i) owns the WellCare restricted stock and the WellCare stock options that have vested prior to January 2008, and (ii) as to options and restricted stock vesting after such date, shall, upon exercise in accordance with the applicable option agreement as to options, be deemed the owner of vested shares, as set forth in Exhibit A hereto, to the extent permitted and as provided in the agreement or plan governing such options and shares with respect to a voluntary resignation without good reason. Any such vesting and/or exercise shall be completed in accordance with and subject to the terms and conditions of the undated Non-Qualified Stock Option Agreement under the 2004 Equity Incentive Plan providing for a grant of an option as of March 13, 2007; the undated Non-Qualified Stock Option Agreement under the 2004 Equity Incentive Plan providing for a grant of an option as of March 13, 2006, the June 6, 2005 Non-Qualified Stock Option Agreement under the 2004 Equity Incentive Plan, the March 15, 2005 Restricted Stock Agreement, the February 6, 2004 Time Vesting Option Agreement Evidencing a Grant of an Option under 2002 Employee Option Plan, the applicable plan documents, and applicable law, consistent with the terms of this Agreement. Otherwise, any unvested stock options granted to Farha, as well as any unvested restricted stock and performance shares granted to him, subject to Section 4(e) below, shall terminate as of the Resignation Date.
Stock Options and Stock. All stock options held by the Executive with respect to Bancshares stock that are unvested at the time of a Change in Control shall become fully vested and exercisable upon a Change in Control (regardless of whether a Covered Termination occurs). All Bancshares stock held by the Executive that is unvested at the time of a Change in Control may become fully vested upon a Change in Control, subject to the terms of the agreements providing for the grant of such Bancshares stock.
Stock Options and Stock. Employee agrees that no stock options granted to him through the Employment Agreement or any other agreement have been exercised, and all such stock options are terminated by this Agreement.
Stock Options and Stock. You currently have options to purchase shares of the Company’s common stock (the “Options”) pursuant to the Company’s Equity Incentive Plan (the “Plan”). Under the terms of the Plan (and your stock option grant), vesting of the Options will continue during the Consulting Period but will cease at the end of the Consulting Period. Your rights to exercise any vested Options will be as set forth in the Plan. As an additional severance benefit, if the Consulting Period continues for a period of twelve (12) months following the Separation Date, then as of the last day of the Consulting Period, the Company will accelerate the vesting of the additional number of shares of the Options that would have vested if your service had continued for an additional six (6) months after the end of the Consulting Period. Except as expressly modified in this paragraph, nothing herein shall be construed to change the terms of your Options or any other equity grant previously provided to you.
Stock Options and Stock. As set forth in your stock option Closing Statement (enclosed as Exhibit B), you were granted the following equity interests pursuant to the Employment Agreement: (i) two options to purchase shares of Blue Martini’s common stock, pursuant to Blue Martini’s 2000 Equity Incentive Plan (the “Plan”): (a) one option to purchase 950,000 shares, vesting over four years; and (b) one option to purchase 465,000 shares, vesting at the end of five years (subject to partial or full to acceleration based on certain achievements, as specified in the Employment Agreement); and (ii) a grant of 242,344 shares of restricted stock, subject to vesting as specified in the Employment Agreement. Under the terms of the Plan and your stock option grant, vesting will cease as of the Separation Date. Your original grant and your vesting to date are summarized in the Closing Statement; for clarity, as of the Separation Date, you will be vested in one-fourth of the option for 950,000 shares, none of the option for 465,000 shares, and all of the 242,344 shares of restricted stock. If you do not sign and return the Agreement, you will have three (3) months in which to exercise your vested stock options, after which they will expire. If you do sign and return the Agreement, Blue Martini will extend the exercisability of your vested options through May 1, 2004. (If your options include incentive stock options, please note that Blue Martini cannot guarantee that your option will necessarily be treated as an “incentive stock option” if you exercise your option more than three (3) months after the Separation Date. You should consult a tax professional for details and recommendations.) Please contact Mxxxxxx Xxxxxxxxxx at (000) 000-0000 if you have any questions about your stock or stock options.
Stock Options and Stock. Based Compensation to the consolidated financial statements. 42 Table of Contents THERMADYNE HOLDINGS CORPORATION NOTES TO CONSOLIDATED FINANCIAL STATEMENTS — (Continued) Revenue Recognition. The Company sells a majority of its products through distributors with standard terms of sale of FOB shipping point or FOB destination. The Company has certain consignment arrangements whereby revenue is recognized when products are used by the customer from consigned stock. Under all circumstances, revenue is recognized when persuasive evidence of an arrangement exists, delivery has occurred, the seller’s price is fixed and determinable and collectibility is reasonably assured. The Company sponsors a number of incentive programs to augment distributor sales efforts including certain rebate programs and sales and market share growth incentive programs. The costs associated with these sales programs are recorded as a reduction of revenue. In both 2007 and 2006, the Company had one customer that comprised 13% and 10%, respectively, of the Company’s global net sales in each year. Terms of sale generally include 30-day payment terms, return provisions and standard warranties for which reserves, based upon estimated warranty liabilities from historical experience, have been recorded. For a product that is returned due to issues outside the scope of the Company’s warranty agreements, restocking charges will generally be assessed.
Stock Options and Stock. You currently have options to purchase shares of the Company’s common stock (the “Options”) pursuant to the Company’s Equity Incentive Plans (together, the “Plan”). Under the terms of the Plan (and your stock option grant), vesting of the Options will continue during the Consulting Period but will cease at the end of the Consulting Period. Your rights to exercise any vested Options will be as set forth in the Plan.
Stock Options and Stock. All stock options held by the Employee with respect to Holding Company stock that are unvested at the time of a Change in Control shall become fully vested and exercisable upon a Change in Control (regardless of whether a Covered Termination occurs) and all Holding Company stock held by the Employee that is subject to vesting restrictions at the time of a Change in Control shall become fully vested upon a Change in Control (regardless of whether a Covered Termination occurs).
Stock Options and Stock. The Parties agree that PBM has certain rights and limitations and that Agricon has certain rights and duties under the SOA and the Parties agree further that certain rights, limitations and duties will expire as of the Director Termination Date or as of a fixed date thereafter. The Parties agree that a fair resolution of those rights, limitations and duties is as provided herein as follows: Agricon will purchase and PBM will sell the 400,000 Stock Options granted under the Non-Qualified Option Grant Agreement with PBM signed the 7 March 2012 for a total sum of $ 20,000 to be paid in one installment to PBM on the day after Agricon has finalized the second capital raise expected to be of $ 10 million.
Stock Options and Stock
