Common use of Treatment of Stock Options Clause in Contracts

Treatment of Stock Options. In the event of a Change of Control and the Employee (i) is offered and accepts a position with the New Company , or (ii) is not offered a position as an executive officer with the New Company, then immediately prior to the time of effectiveness of the Change of Control an additional two years vesting of employees stock option to purchase the Company's Common Stock granted to Employee over the course of his employment with the Company and held by Employee on the effective date of a Change of Control shall immediately vest on such date as to that number of shares that would have vested in accordance with the terms of the 1997 Incentive Plan, as amended. "New Company", as used in this section shall mean: (a) in the case of a Change of Ownership (as defined in Section 4(a)(i) below), the Company; (b) in the case of a Merger (as defined in Section 4(a)(ii) below), the surviving entity; or (c) in the case of a Sale of Assets (as described in section 4(a)(ii) below), the purchaser of all or substantially all of the Company's assets.

Appears in 5 contracts

Samples: And Severance Agreement (Dynavax Technologies Corp), Management Continuity and Severance Agreement (Dynavax Technologies Corp), And Severance Agreement (Dynavax Technologies Corp)

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Treatment of Stock Options. In the event of a Change of Control and the Employee Employee: (i) is offered and accepts a position with the New Company Company, or (ii) is not offered a position as an executive officer with the New Company, then immediately prior to the time of effectiveness effective date of the Change of Control an additional two (2) years vesting of employees Employee’s stock option to purchase the Company's ’s Common Stock granted to Employee over the course of his employment with the Company and held by Employee on the effective date of a Change of Control shall immediately vest on such date as to that number of shares that would have vested in accordance with the terms of the 1997 Incentive Plan, as amended. "New Company", ,” as used in this section section, shall mean: (a) in the case of a Change of Ownership (as defined in Section 4(a)(i) below), the Company; (b) in the case of a Merger (as defined in Section 4(a)(ii) below), the surviving entity; or (c) in the case of a Sale of Assets (as described in section 4(a)(ii) below), the purchaser of all or substantially all of the Company's ’s assets.

Appears in 2 contracts

Samples: Management Continuity and Severance Agreement (Dynavax Technologies Corp), Management Continuity and Severance Agreement (Dynavax Technologies Corp)

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Treatment of Stock Options. In the event of a Change of Control and the Employee Employee: (i) is offered and accepts a position with the New Company Company, or (ii) is not offered a position as an executive officer with the New Company, then immediately prior to the time of effectiveness effective date of the Change of Control an additional two (2) years vesting of employees Employee's stock option to purchase the Company's Common Stock granted to Employee over the course of his employment with the Company and held by Employee on the effective date of a Change of Control shall immediately vest on such date as to that number of shares that would have vested in accordance with the terms of the 1997 Incentive Plan, as amended. "New Company", ," as used in this section section, shall mean: (a) in the case of a Change of Ownership (as defined in Section 4(a)(i) below), the Company; (b) in the case of a Merger (as defined in Section 4(a)(ii) below), the surviving entity; or (c) in the case of a Sale of Assets (as described in section 4(a)(ii) below), the purchaser of all or substantially all of the Company's assets.

Appears in 1 contract

Samples: And Severance Agreement (Dynavax Technologies Corp)

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