Common use of Stock Reclassification Clause in Contracts

Stock Reclassification. In the event the shares of Stock, as presently constituted, shall be changed into or exchanged for a different number or kind of shares or other securities of the Company (whether by reason of merger, consolidation, recapitalization, reclassification, split, reverse split, combination of shares or otherwise), then there shall be substituted for or added to each share of Stock theretofore or thereafter subject to an Option the number and kind of shares of capital stock or other securities into, which each outstanding share of Stock shall be changed, or for which each such share shall be exchanged, or to which each such share shall be entitled, as the case may be. The price and other terms of outstanding Options shall also be appropriately amended to reflect the foregoing events. In the event there shall be any other change in the number or kind of outstanding shares of the Stock, or of any capital stock or other securities into which the Stock shall have been changed or for which it shall have been exchanged, if the Board of Directors shall, in its sole discretion, determine that the change equitably requires an adjustment in any Option theretofore granted, then adjustments shall be made in accordance with its determination.

Appears in 13 contracts

Samples: Stock Option Agreement (Mail Com Inc), Stock Option Agreement (Mail Com Inc), Stock Option Agreement (Mail Com Inc)

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Stock Reclassification. In the event the shares of Stock, as presently constituted, shall be changed into or exchanged for a different number or kind of shares or other securities of the Company (whether by reason of merger, consolidation, recapitalization, reclassification, split, reverse split, combination of shares or otherwise), then there shall be substituted for or added to each share of Stock theretofore or thereafter subject to an Option the number and kind of shares of capital stock or other securities into, which each outstanding share of Stock shall be changed, or for which each such share shall be exchanged, or to which each such share shall be entitled, as the case may be. The price and other terms of outstanding Options shall also be appropriately amended to reflect the foregoing events. In the event there shall be any other change in the number or kind of outstanding shares of the Stock, or of any capital stock or other securities into which the Stock shall have been changed or for which it shall have been exchanged, if the Board of Directors shall, in its sole discretion, determine that the change 4 EXHIBIT 99.9 equitably requires an adjustment in any Option theretofore granted, then adjustments shall be made in accordance with its determination.

Appears in 1 contract

Samples: Stock Option Agreement (Mail Com Inc)

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