Shares Available. Subject to adjustment as provided in Section 4(b), the aggregate number of Shares with respect to which Options may be granted under the Plan shall be 1,150,000; provided, however, that in no event shall the number of Shares subject to Time Options granted under the Plan exceed 666,667. If, after the effective date of the Plan, any Shares covered by an Option granted under the Plan, or to which such an Option relates, are forfeited, or if an Option has expired, terminated or been cancelled for any reason whatsoever (other than by reason of exercise or vesting), then the Shares covered by such Option shall again be, or shall become, Shares with respect to which Options may be granted hereunder.
Shares Available. The Company shall have available under its Amended and Restated Certificate of Incorporation sufficient authorized shares of capital stock to issue and sell the Shares to Purchaser.
Shares Available. Subject to the provisions of Section 7.1, the capital stock that may be delivered under this Plan shall be shares of the Corporation’s authorized but unissued common shares (“Common Shares”). For purposes of this Plan, “Plan Shares” shall mean the Common Shares of the Corporation and such other securities or property as may become the subject of awards under this Plan, or may become subject to such awards, pursuant to an adjustment made under Section 7.1.
Shares Available. Subject to adjustment as provided in Section 4(b):
Shares Available. For so long as any Conversion Right remains exercisable, the Issuer shall keep available for issue free from pre-emptive or other similar rights out of its authorized but unissued share capital such number of Shares as would enable such Conversion Right to be satisfied in full.
Shares Available. Subject to adjustment as provided in Section 4(c), the aggregate number of Shares with respect to which Awards may be granted under the Plan shall be up to 8,900,000 Shares. If any Award is exercised, paid, forfeited, terminated or canceled without the delivery of Shares, then the Shares covered by such Award, to the extent of such payment, exercise, forfeiture, termination or cancellation, shall again be Shares with respect to which Awards may be granted. Awards will not reduce the number of Shares that may be issued pursuant to the Plan if the settlement of the Award will not require the issuance of Shares, as, for example, an Other Stock-Based Award that can be satisfied only by the payment of cash.”
Shares Available. Subject to adjustment as provided in Section 5(b) of this Award Agreement, this Award shall be in respect of 400,000 Shares to be issued in satisfaction of this Award may be either authorized but unissued Shares, or Shares acquired in the open market or otherwise.
Shares Available. 4 SECTION 6. CONDITIONS TO OBLIGATION OF COMPANY TO CLOSE................................................ 4 6.1 Accuracy of Representations and Warranties.................................................. 5 6.2 Performance................................................................................. 5
Shares Available. The Company shall have available at the First Closing Date and the Second Closing Date, sufficient authorized but unissued shares of its Common Stock to issue and sell to the Purchaser all of the Put Shares.
Shares Available. Subject to adjustment as provided in Section 4(b), the number of Shares with respect to which Awards and Director Options may be granted under the Plan shall be 850,000. If, after the effective date of the Plan, any Shares covered by an Award or Director Option granted under the Plan, or to which such an Award or Director Option relates, are forfeited, or if an Award or Director Option otherwise terminates or is cancelled without the delivery of Shares, then the Shares covered by such Award or Director Option, or to which such Award or Director Option relates, or the number of Shares otherwise counted against the aggregate number of Shares with respect to which Awards and Director Options may be granted, to the extent of any such settlement, forfeiture, termination or cancellation, shall again be, or shall become, Shares with respect to which Awards and Director Options may be granted, to the extent permissible under Rule 16b-3. In the event that any Option, Director Option or other Award granted hereunder is exercised through the delivery of Shares, the number of Shares available for Awards under the Plan shall be increased by the number of Shares surrendered, to the extent permissible under Rule 16b-3.
