Common use of The Option Clause in Contracts

The Option. Issuer hereby grants to Grantee an unconditional, irrevocable option (the "Option") to purchase, pursuant to the terms and subject to the conditions hereof, up to 54.5 million fully paid and nonassessable shares of Common Stock at a price of $30.24 per share (the "Option Price"); provided, however, that in no event shall the number of shares for which the Option is exercisable exceed 19.9 % of the shares of Common Stock issued and outstanding at the time of exercise (without giving effect to the shares of Common Stock issued or issuable under the Option). The number of shares of Common Stock purchasable upon exercise of the Option and the Option Price are subject to adjustment as set forth in this Agreement.

Appears in 4 contracts

Samples: Stock Option Agreement (American Stores Co /New/), Stock Option Agreement (American Stores Co /New/), Stock Option Agreement (Albertsons Inc /De/)

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The Option. Issuer hereby grants to Grantee an unconditional, irrevocable option (the "Option") to purchase, pursuant to the terms and subject to the conditions hereof, up to 54.5 48.8 million fully paid and nonassessable shares of Common Stock at a price of $30.24 48 per share (the "Option Price"); provided, however, that in no event shall the number of shares for which the Option is exercisable exceed 19.9 19.9% of the shares of Common Stock issued and outstanding at the time of exercise (without giving effect to the shares of Common Stock issued or issuable under the Option). The number of shares of Common Stock purchasable upon exercise of the Option and the Option Price are subject to adjustment as set forth in this Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (Albertsons Inc /De/), Stock Option Agreement (Albertsons Inc /De/)

The Option. Issuer hereby grants to Grantee an unconditional, irrevocable option (the "Option") to purchase, pursuant to the terms and subject to the conditions hereof, up to 54.5 48.8 million fully paid and nonassessable shares of Common Stock at a price of $30.24 48 per share (the "Option Price"); provided, however, that in no event shall the number of shares for which the Option is exercisable exceed 19.9 % of the shares of Common Stock issued and outstanding at the time of exercise (without giving effect to the shares of Common Stock issued or issuable under the Option). The number of shares of Common Stock purchasable upon exercise of the Option and the Option Price are subject to adjustment as set forth in this Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (American Stores Co /New/), Stock Option Agreement (American Stores Co /New/)

The Option. Issuer hereby grants to Grantee an unconditional, ---------- irrevocable option (the "Option") to purchase, pursuant to the terms and subject ------ to the conditions hereof, up to 54.5 million 3,340,672.90 fully paid and nonassessable shares of Common Stock Stock, at a price of $30.24 8.00 per share (the "Option Price"); provided, ------------ however, that in no event shall the number of shares for which the Option is exercisable exceed 19.9 19.9% of the shares of Common Stock issued and outstanding at the time of exercise (without giving effect to the shares of Common Stock issued or issuable under the Option). The number of shares of Common Stock purchasable upon exercise of the Option and the Option Price are subject to adjustment as set forth in this Agreement.

Appears in 1 contract

Samples: Stock Option Agreement (Blue Wave Systems Inc)

The Option. Issuer hereby grants to Grantee an unconditional, irrevocable option (the "Option") to purchase, pursuant to the terms and subject to the conditions hereof, up to 54.5 million 55,906,472 fully paid and nonassessable shares of Common Stock at a price of $30.24 50 per share (the "Option Price"); provided, however, that in no event shall the number of shares for which the Option is exercisable exceed 19.9 19.9% of the shares of Common Stock issued and outstanding at the time of exercise (without giving effect to the shares of Common Stock issued or issuable under the Option). The number of shares of Common Stock purchasable upon exercise of the Option and the Option Price are subject to adjustment as set forth in this Agreement.

Appears in 1 contract

Samples: Stock Option Agreement (Kroger Co)

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The Option. Issuer hereby grants to Grantee an unconditional, irrevocable option (the "Option") to purchase, pursuant to the terms and subject to the conditions hereof, up to 54.5 million 30,799,665 fully paid and nonassessable shares of Common Stock at a price of $30.24 44.125 per share (the "Option Price"); provided, however, that in no event shall the number of shares for which the Option is exercisable exceed 19.9 % of the shares of Common Stock issued and outstanding at the time of exercise (without giving effect to the shares of Common Stock issued or issuable under the Option). The number of shares of Common Stock purchasable upon exercise of the Option and the Option Price are subject to adjustment as set forth in this Agreement.

Appears in 1 contract

Samples: Stock Option Agreement (Fred Meyer Inc)

The Option. Issuer hereby grants to Grantee an unconditional, irrevocable option (the "Option") to purchase, pursuant to the terms and subject to the conditions hereof, up to 54.5 million 30,799,665 fully paid and nonassessable shares of Common Stock at a price of $30.24 44.125 per share (the "Option Price"); provided, however, that in no event shall the number of shares for which the Option is exercisable exceed 19.9 19.9% of the shares of Common Stock issued and outstanding at the time of exercise (without giving effect to the shares of Common Stock issued or issuable under the Option). The number of shares of Common Stock purchasable upon exercise of the Option and the Option Price are subject to adjustment as set forth in this Agreement.

Appears in 1 contract

Samples: Stock Option Agreement (Kroger Co)

The Option. Issuer hereby grants to Grantee an unconditional, irrevocable option (the "Option") to purchase, pursuant to the terms and subject to the conditions hereof, up to 54.5 million 55,906,472 fully paid and nonassessable shares of Common Stock at a price of $30.24 50 per share (the "Option Price"); provided, however, that in no event shall the number of shares for which the Option is exercisable exceed 19.9 % of the shares of Common Stock issued and outstanding at the time of exercise (without giving effect to the shares of Common Stock issued or issuable under the Option). The number of shares of Common Stock purchasable upon exercise of the Option and the Option Price are subject to adjustment as set forth in this Agreement.

Appears in 1 contract

Samples: Stock Option Agreement (Fred Meyer Inc)

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