Common use of Cash Out Clause in Contracts

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days’ advance notice to the Participant, cancel the Option and pay to the Participant the value of the Option based upon the price per Share of Common Stock received or to be received by other shareholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 20 contracts

Samples: Non Qualified Stock Option Award Agreement (BioRestorative Therapies, Inc.), Incentive Stock Option Award Agreement (BioRestorative Therapies, Inc.), Non Qualified Stock Option Award Agreement (BioRestorative Therapies, Inc.)

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Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days’ advance notice to the Participant, cancel the Option and pay to the Participant the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 8 contracts

Samples: Stock Option Inducement Agreement (Beyond Air, Inc.), Stock Option Inducement Agreement (Beyond Air, Inc.), 2020 Equity Incentive Plan (Foxo Technologies Inc.)

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days' advance notice to the Participant, cancel the Option and pay to the Participant the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 6 contracts

Samples: Incentive Stock Option Agreement (Marizyme Inc), Incentive Stock Option Agreement (LIGHTBRIDGE Corp), Non Qualified Stock Option Agreement (LIGHTBRIDGE Corp)

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days’ advance notice to the Participant, cancel the Option and pay to the Participant the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders stockholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 5 contracts

Samples: Stock Option Agreement (Healing Co Inc.), Stock Option Agreement (1847 Goedeker Inc.), Non Qualified Stock Option Agreement (Terra Tech Corp.)

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days' advance notice to the ParticipantDirector, cancel the Option and pay to the Participant Director the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 5 contracts

Samples: Non Qualified Stock Option Agreement (LIGHTBRIDGE Corp), Qualified Stock Option Agreement (Cellceutix CORP), Non Qualified Stock Option Agreement (Intellinetics, Inc.)

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days’ advance notice to the Participant, cancel the Option and pay to the Participant (in cash, stock or any combination thereof) the value of the Option based upon on the price per Share share of Common Stock received or to be received by other shareholders of the Company in the eventtransaction, subject to Section 409A of the Code. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 4 contracts

Samples: Nonqualified Stock Option Agreement (First Us Bancshares Inc), Nonqualified Stock Option Agreement (First Us Bancshares Inc), Nonqualified Stock Option Agreement (United Security Bancshares Inc)

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) 10 days’ advance notice to the Participant, cancel the Option and pay to the Participant the value of the Option based upon the price per Common Share of Common Stock received or to be received by other shareholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Common Share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 2 contracts

Samples: Incentive Stock Option Award Agreement (Byrna Technologies Inc.), Nonqualified Stock Option Award Agreement (Byrna Technologies Inc.)

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days’ advance notice to the Participant, cancel the Option and pay to the Participant (in cash, stock or any combination thereof) the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders of the Company in the event, subject to Section 409A of the Code. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (United Security Bancshares Inc)

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days’ advance notice to the Participant, cancel the Option and pay to the Participant the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders stockholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration thereforconsideration.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (BG Staffing, Inc.)

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days’ advance notice to the Participant, cancel the Option and pay to the Participant the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 1 contract

Samples: Stock Option Exercise Agreement (Lightwave Logic, Inc.)

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Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days’ advance notice to the ParticipantRecipient, cancel the Option and pay to the Participant Recipient the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Dynaresource Inc)

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days’ advance notice to the ParticipantOptionee, cancel the Option and pay to the Participant Optionee the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Vegalab, Inc.)

Cash Out. In the event of a Change in Control, the Plan Committee may, in its discretion and upon at least ten (10) days’ advance notice to the Participant, cancel the Option and pay to the Participant the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Mystic Holdings Inc./Nv)

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days’ advance notice to the ParticipantConsultant, cancel the Option and pay to the Participant Consultant the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Onfolio Holdings, Inc)

Cash Out. In the event of a Change in Control, the Committee may, in its discretion and upon at least ten (10) days’ advance notice to the ParticipantDirector, cancel the Option and pay to the Participant Director the value of the Option based upon the price per Share share of Common Stock received or to be received by other shareholders of the Company in the event. Notwithstanding the foregoing, if at the time of a Change in Control the Exercise Price of the Option equals or exceeds the price paid for a Share share of Common Stock in connection with the Change in Control, the Committee may cancel the Option without the payment of consideration therefor.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Onfolio Holdings, Inc)

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