Common use of Exchange Act Compliance Clause in Contracts

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934; (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 29 contracts

Samples: Stock Option Agreement (Golf Rounds Com Inc), Stock Option Agreement (Golf Rounds Com Inc), Stock Option Agreement (Golf Rounds Com Inc)

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Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934; (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 14 contracts

Samples: Stock Option Agreement (PAVmed Inc.), Stock Option Agreement (Lucid Diagnostics Inc.), Stock Option Agreement (PAVmed Inc.)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”); (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 6 contracts

Samples: Stock Option Agreement (Ledecky Jonathan J), Stock Option Agreement (Thomas Philip J.), Stock Option Agreement (Thomas Philip J.)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934, as amended ("Exchange Act"); (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 6 contracts

Samples: Stock Option Agreement (Ladenburg Thalmann Financial Services Inc), Stock Option Agreement (Ladenburg Thalmann Financial Services Inc), Stock Option Agreement (Ladenburg Thalmann Financial Services Inc)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 19341934 ("Exchange Act"); (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 6 contracts

Samples: Nonqualified Stock Option Agreement (Humascan Inc), Nonqualified Stock Option Agreement (Humascan Inc), Nonqualified Stock Option Agreement (Humascan Inc)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934Act; (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 4 contracts

Samples: Stock Option Agreement (WisdomTree Investments, Inc.), Stock Option Agreement (WisdomTree Investments, Inc.), Stock Option Agreement (WisdomTree Investments, Inc.)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934Act; or (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 4 contracts

Samples: Stock Option Agreement (WisdomTree Investments, Inc.), Stock Option Agreement (WisdomTree Investments, Inc.), Stock Option Agreement (WisdomTree Investments, Inc.)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934; as amended (the “Exchange Act”), or (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 4 contracts

Samples: Stock Option Agreement (WisdomTree Investments, Inc.), Stock Option Agreement (WisdomTree Investments, Inc.), Stock Option Agreement (WisdomTree Investments, Inc.)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject may not approve payment in the form of Common Stock Stock, if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934; (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 3 contracts

Samples: Stock Option Agreement (Chicken Soup for the Soul Entertainment, Inc.), Stock Option Agreement (Chicken Soup for the Soul Entertainment, Inc.), Stock Option Agreement (Chicken Soup for the Soul Entertainment, Inc.)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject the payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”); (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 3 contracts

Samples: Employment Agreement (Dais Analytic Corp), Nonqualified Stock Option Agreement (Dais Analytic Corp), Nonqualified Stock Option Agreement (Dais Analytic Corp)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject the payment in the form of Common Stock if in the reasonable opinion of counsel for the Company, Company (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934; and (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 3 contracts

Samples: Nonqualified Stock Option Agreement (Us Wats Inc), Nonqualified Stock Option Agreement (Us Wats Inc), Nonqualified Stock Option Agreement (Us Wats Inc)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock Shares if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934; (ii) such shares of Common Stock Shares may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 2 contracts

Samples: Stock Option Agreement (Cpi Aerostructures Inc), Stock Option Agreement (Rosenfeld Eric)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject the payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"); (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 2 contracts

Samples: Employment Agreement (Harvey Electronics Inc), Employment Agreement (Harvey Electronics Inc)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934Act; (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 2 contracts

Samples: Stock Option Agreement (Individual Investor Group Inc), Stock Option Agreement (Individual Investor Group Inc)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934; (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could would create material legal difficulties for the Company.

Appears in 1 contract

Samples: Stock Option Agreement (Lucid Diagnostics Inc.)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the CompanyCom pany, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934(as defined in the Plan); (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 1 contract

Samples: Stock Option Agreement (Shochet Holding Corp)

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Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 19340000 (xxx "Xxxxxxxx Xxx"); (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 1 contract

Samples: Stock Option Agreement (Quikbiz Internet Group Inc)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "or “recapture" under Section 16(b) of the Securities Exchange Act of 1934Act; or (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 1 contract

Samples: Stock Option Agreement (WisdomTree Investments, Inc.)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934; 1934 or (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 1 contract

Samples: Stock Option Agreement (Juniper Partners Acquisition Corp.)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock or a “net exercise” if in the opinion of counsel for the Company, (i) it could result in an event of "a “recapture" ” problem under Section 16(b) of the Securities Exchange Act of 1934; (ii) such the shares of Common Stock may not be sold or transferred to the Company; or (iii) such the transfer could create legal difficulties for the Company.

Appears in 1 contract

Samples: Incentive Stock Option Agreement for Employees (JTH Holding, Inc.)

Exchange Act Compliance. Notwithstanding Notwith- standing the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934; (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 1 contract

Samples: Stock Option Agreement (Gbi Capital Management Corp)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock Shares if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934; (ii) such shares of Common Stock Shares may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 1 contract

Samples: Stock Option Agreement (Rosenfeld Eric)

Exchange Act Compliance. Notwithstanding the foregoing, the Company Corporation shall have the right to reject payment in the form of Common Stock if it in the opinion of counsel for the CompanyCorporation, (i) it could result in an event of "a “recapture" ” problem under Section 16(b) of the Securities Exchange Act of 1934; (ii) such the shares of Common Stock may not be sold or transferred to the CompanyCorporation; or (iii) such the transfer could create legal difficulties for the CompanyCorporation.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (JTH Holding, Inc.)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject the payment in the form of Common Stock if in the reasonable opinion of counsel for the Company, Company (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934; or (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Flemington Pharmaceutical Corp)

Exchange Act Compliance. Notwithstanding the foregoing, the Company shall have the right to reject payment in the form of Common Stock if in the opinion of counsel for the Company, (i) it could result in an event of "recapture" under Section 16(b) of the Securities Exchange Act of 1934(as defined in the Plan); (ii) such shares of Common Stock may not be sold or transferred to the Company; or (iii) such transfer could create legal difficulties for the Company.

Appears in 1 contract

Samples: Stock Option Agreement (Quikbiz Internet Group Inc)

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