Existing Equity Awards. “Existing Equity Awards” means stock options to purchase shares of the Company’s common stock that have been granted to Executive prior to the Effective Date and remain outstanding as of the Effective Date.
Existing Equity Awards. (a) By virtue of the EVI Merger and without any action on the part of the holders thereof, each (i) EVI Stock Option issued on or before September 11, 2020, whether vested or unvested, that is outstanding and unexercised as of immediately prior to the EVI Effective Time shall, as of the EVI Effective Time, cease to represent a right to acquire shares of EVI Common Stock and shall be converted into an option (a “Parent Stock Option”) to acquire, on the same terms and conditions (including with respect to exercisability and the ability to pay the exercise price and satisfy applicable tax or other withholding obligations by reduction of the amount of shares otherwise deliverable) as were applicable to such EVI Stock Option immediately prior to the EVI Effective Time except the vesting of such EVI Stock Options shall be accelerated and (ii) EVI Stock Option issued on or after September 12, 2020, whether vested or unvested, that is outstanding and unexercised as of immediately prior to the EVI Effective Time shall, as of the EVI Effective Time, cease to represent a right to acquire shares of EVI Common Stock and shall be converted into a Parent Stock Option to acquire, on the same terms and conditions (including with respect to vesting, exercisability and the ability to pay the exercise price and satisfy applicable tax or other withholding obligations by reduction of the amount of shares otherwise deliverable) as were applicable to such EVI Stock Option immediately prior to the EVI Effective Time, the number of shares of Parent Common Stock (rounded, if necessary, up to the nearest whole share) determined by multiplying the number of shares of EVI Common Stock subject to such EVI Stock Option as of immediately prior to the EVI Effective Time by the EVI Merger Consideration, at an exercise price per share of Parent Common Stock (rounded, if necessary, up to the nearest one-tenth of one cent) equal to the exercise price per share of EVI Common Stock under such EVI Stock Option divided by the EVI Merger Consideration; provided, however, that the adjustments provided in this Section 3.8 with respect to any EVI Stock Options, whether or not they are “incentive stock options” as defined in Section 422 of the Code, are intended to be effected in a manner that is consistent with Section 424(a) of the Code and Section 409A of the Code and the respective regulations promulgated thereunder.
Existing Equity Awards. The parties hereto acknowledge that the Chairman holds restricted shares of the Company’s Common Stock, a portion of which is subject to a repurchase option in favor of the Company in the event the Chairman ceases to provide services to the Company and stock option awards exercisable for shares of the Company’s Common Stock (collectively, the “Existing Equity Awards” and together with the Option and any future equity awards granted to Chairman, the “Equity Awards”). Other than as set forth in Section 2.5 below, nothing herein is intended to amend or otherwise alter the provisions of the Existing Equity Award or the agreements and documents governing the terms of such awards.
Existing Equity Awards. The Executive has been granted equity-based awards prior to the date hereof (the “Existing Equity Awards”).
Existing Equity Awards. Except as otherwise provided in this Agreement, the option granted to Executive by VMU on November 12, 2008 and the restricted stock unit grants made or assumed by VMU on February 14, 2007, May 23, 2007, March 13, 2008, and February 23, 2009 (“Existing Equity Awards”) shall continue to be governed by their respective existing terms and conditions, subject to the terms of the Merger Agreement as to conversions and assumptions and Section 6(b) below.
Existing Equity Awards. 10. You and the Company acknowledge and agree that You hold the following equity-based incentive awards (collectively, the “Equity Awards”), which were granted under and pursuant to the 2014 Topco Stock Incentive Plan:
Existing Equity Awards. Except as otherwise specified in Sections 2(e)(i)(1)-(2) below, Employee’s outstanding equity shall continue to vest during the Term and shall be governed by the applicable equity award agreements.
Existing Equity Awards. For the avoidance of doubt, with respect to any equity incentive awards previously granted to Executive (the “Existing Equity Awards”), the award agreements and the equity incentive plans pursuant to which such awards were granted (including the letter dated July 28, 2021 amending the vesting schedule of the restricted stock units (“RSUs”) granted on January 26, 2021) will continue to govern and this Agreement does not amend or replace any of the terms and conditions of such awards. (b)
Existing Equity Awards. As of the Effective Date, Employee is the holder of certain outstanding and unexpired compensatory options entitling Employee to purchase shares of common stock of the Company and/or its subsidiary, TerreStar, and 15,000 shares of restricted stock issued by the Company. The Company and Employee agree (i) that Employee’s right to exercise such options and her rights to the underlying stock to be acquired upon exercise of such options are fully vested, and (ii) that all restrictions on such restricted stock have lapsed, in each case as of September 25, 2006.
Existing Equity Awards. Executive currently holds the following equity awards previously made to him by Macromedia: New Option: that certain stock option grant for 400,000 shares of Macromedia common stock made to the Executive in January 2005 pursuant to the Employment Agreement, which is to be assumed by the Company upon the Closing and converted into an option to purchase shares of the Company's common stock.
