Common use of Stock Reservation Clause in Contracts

Stock Reservation. As of the Capitalization Date, the Company has reserved 13,489,208 shares of Company Common Stock for issuance pursuant to the Company Stock Plans and 848,345 shares of Company Common Stock for issuance pursuant to the ESPP. As of the Capitalization Date, there were outstanding (i) Company Stock-Based Awards representing the right to receive up to 5,967,436 shares of Company Common Stock (assuming target performance for Company Stock-Based Awards subject to performance-based vesting conditions, which number would be increased by an additional 417,436 shares of Company Common Stock assuming maximum performance); (ii) Company Options to acquire 2,976,488 shares of Company Common Stock (of which Company Options to acquire no shares of Company Common Stock were subject to performance-based vesting conditions); and (iii) no shares of Company Common Stock subject to outstanding purchase rights under the ESPP (estimated based on the fair market value of a share of Company Common Stock on such date).

Appears in 2 contracts

Sources: Merger Agreement (Forescout Technologies, Inc), Merger Agreement (Forescout Technologies, Inc)

Stock Reservation. As of the Capitalization Date, the Company has reserved 13,489,208 12,213,036 shares of Company Common Stock for issuance pursuant to the Company Stock Plans and 848,345 709,913 shares of Company Common Stock for issuance pursuant to the ESPP. As of the Capitalization Date, there were outstanding (i) Company Stock-Based Awards representing the right to receive up to 5,967,436 4,824,343 shares of Company Common Stock (assuming target performance for Company Stock-Based Awards subject to performance-based vesting conditions, which number would be increased by an additional 417,436 130,938 shares of Company Common Stock assuming maximum performance); (ii) Company Options to acquire 2,976,488 2,381,473 shares of Company Common Stock (of which Company Options to acquire no shares of Company Common Stock were subject to performance-based vesting conditions); and (iii) no shares of Company Common Stock subject to outstanding purchase rights under the ESPP (estimated based on the fair market value of a share of Company Common Stock on such date).

Appears in 1 contract

Sources: Agreement and Plan of Merger (Forescout Technologies, Inc)