Common use of Withholding in Shares Clause in Contracts

Withholding in Shares. The Company may permit or require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable to the Participant upon such exercise a number of whole shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates. Any adverse consequences to the Participant resulting from the procedure permitted under this Section, including, without limitation, tax consequences, shall be the sole responsibility of the Participant.

Appears in 4 contracts

Samples: Stock Option Agreement (Trident Microsystems Inc), Stock Option Agreement (Super Micro Computer, Inc.), Stock Option Agreement (Rae Systems Inc)

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Withholding in Shares. The Company may permit or require the Participant to satisfy all or any portion of a Participating Company’s 's tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable to the Participant upon such exercise a number of whole shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates. Any adverse consequences to the Participant resulting from the procedure permitted under this Section, including, without limitation, tax consequences, shall be the sole responsibility of the Participant.

Appears in 2 contracts

Samples: Stock Option Agreement (PROS Holdings, Inc.), Immersion Corporation Stock Option Agreement (Immersion Corp)

Withholding in Shares. The Company may permit or require the Participant to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable deliverable to the Participant upon such exercise in settlement of the Award a number of whole shares having a fair market value, as determined by the Company as of the date of exerciseon which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates. Any adverse consequences to the Participant resulting from the procedure permitted under this Section, including, without limitation, tax consequences, shall be the sole responsibility of the Participant.

Appears in 2 contracts

Samples: Stock Option Agreement (Trident Microsystems Inc), Restricted Stock Units Agreement (Super Micro Computer, Inc.)

Withholding in Shares. The Company may permit or require the Participant Optionee to satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of the Option by deducting from the shares of Stock otherwise issuable to the Participant Optionee upon such exercise a number of whole shares having a fair market value, as determined by the Company as of the date of exercise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates. Any adverse consequences to the Participant Optionee resulting from the procedure permitted under this Section, including, without limitation, tax consequences, shall be the sole responsibility of the ParticipantOptionee.

Appears in 1 contract

Samples: Stock Option Agreement (Axt Inc)

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Withholding in Shares. The Company may permit or require Subject to approval by the Company, in its discretion, the Participant to may satisfy all or any portion of a Participating Company’s tax withholding obligations upon exercise of by requesting the Option by deducting from the shares of Stock otherwise issuable Company to the Participant upon such exercise withhold a number of whole shares of Stock otherwise deliverable to the Participant in settlement of the Award having a fair market value, as determined by the Company as of the date of exerciseon which the tax withholding obligations arise, not in excess of the amount of such tax withholding obligations determined by the applicable minimum statutory withholding rates. Any adverse consequences to the Participant resulting from the procedure permitted under this Sectionsection, including, without limitation, tax consequences, shall be the sole responsibility of the Participant.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Jda Software Group Inc)

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