Exercise of Stock Appreciation Right. A Stock Appreciation Right is exercised when the Company receives a notice of exercise (in such form as the Administrator may specify from time to time) from the person entitled to exercise the Stock Appreciation Right. Shares issued upon exercise of a Stock Appreciation Right will be issued in the name of the Participant. Until the Shares are issued (as evidenced by the entry on the books of the Company or of a duly authorized transfer agent of the Company), no right to vote or receive dividends or any other rights as a stockholder will exist with respect to the Shares subject to a Stock Appreciation Right, despite the exercise of the Stock Appreciation Right. The Company will issue (or cause to be issued) such Shares promptly after the Stock Appreciation Right is exercised. A Stock Appreciation Right may not be exercised for a fraction of a Share. Exercising a Stock Appreciation Right in any manner will decrease (x) the number of Shares thereafter available under the Stock Appreciation Right by the number of Shares as to which the Stock Appreciation Right is exercised and (y) the number of Shares thereafter available under the Plan by the number of Shares issued upon such exercise.
Exercise of Stock Appreciation Right. Each election to exercise this Stock Appreciation Right shall be in writing, signed by the Participant and received by the Company at its principal office, accompanied by this agreement and shall state the election to exercise the Stock Appreciation Right and the number of Shares in respect of which the Stock Appreciation Right is being exercised (the “Exercised Shares”). This Stock Appreciation Right shall be deemed to be exercised upon receipt by the Company of such fully executed notice. Notwithstanding the foregoing, the Company may in its sole discretion establish alternative means for Participant to exercise Stock Appreciation Rights, including electronic forms using electronic signatures and interactive voice response systems using PIN numbers, in a manner directed by the Company, and this Stock Appreciation Right shall be deemed to be exercised upon fulfillment of such alternative means. This Stock Appreciation Right shall be exercisable for ninety (90) days after Participant ceases to be a Service Provider, unless such termination is due to Participant’s death, Disability or Retirement. If Participant ceases to be a Service Provider due to Participant’s death, Disability, this Stock Appreciation Right shall be exercisable for one (1) year after Participant ceases to be Service Provider. If Participant ceases to be a Service Provider due to Participant’s Retirement, this Stock Appreciation Right shall be exercisable until the Expiration Date . Notwithstanding the foregoing, in no event may this Stock Appreciation Right be exercised after the Expiration. Upon exercising the Stock Appreciation Right, the Participant shall receive from the Company, for each Share exercised, an amount equal to the lesser of:
Exercise of Stock Appreciation Right. The stock appreciation right shall entitle the Optionee, upon exercise, to receive from the Company in exchange therefor an amount equal in value to the excess of the fair market value on the date of exercise of one share of Common Stock of the Company over the Option price per share (as set forth in the Notice of Grant of Stock Option and Option Agreement), multiplied by the number of shares covered by the stock appreciation right, or portion thereof, that is surrendered. No stock appreciation right shall be exercisable at a time that the amount determined under this subparagraph is negative. Payment by the Company upon exercise of a stock appreciation right shall be made in Common Stock valued at fair market value. For this purpose, the fair market value of the Common Stock shall be the closing price of the Common Stock last reported before the time of exercise, or such other value of the Common Stock as specified by the Board of Directors.
Exercise of Stock Appreciation Right. Each exercise of this Stock Appreciation Right shall be in writing (substantially in the form of Exhibit A hereto), signed by the Grantee, and received by the Company in its principal office. The Grantee may exercise this Stock Appreciation Right with respect to less than the total number of Shares covered hereby; provided that no partial exercise of this Stock Appreciation Right may be with respect to any fractional Share. Upon exercise of this Stock Appreciation Right, the Grantee shall receive from the Company certificate(s) issued in the Grantee's name (or, if requested by the Grantee, such shares shall be issued to the Grantee by electronic transfer to the Grantee's broker) for the number of whole shares of Stock equal to the amount determined by dividing (a) the product of (i) the difference between the Fair Market Value on the Date of Exercise over the exercise price of this Stock Appreciation Right, times (ii) the number of Shares with respect to which this Stock Appreciation Right is exercised, by (b) the Fair Market Value on the Date of Exercise, rounding any fractional share to the nearest whole share. If delivery is by mail, such delivery shall be deemed effected when deposited in the United States mail, addressed to Grantee.
Exercise of Stock Appreciation Right. Each election to exercise this Stock Appreciation Right shall be in writing, signed by the Participant and received by the Human Resources Department, Xxxxxx Xxxx Corporation, 000 Xxxxxxxxxxxx Xxxxx, Xxxxx, XX 00000, or at such other address as the Company may hereafter designate, no later than the expiration date set forth in Section 1 above (the “Expiration Date”). The notice shall state the election to exercise the Stock Appreciation Right and the number of Shares in respect of which the Stock Appreciation Right is being exercised. This Stock Appreciation Right shall be deemed to be exercised upon receipt by the Company of such fully executed notice.
Exercise of Stock Appreciation Right. Effective as of today, _____________, 20__, the undersigned (“Participant,”) hereby elects to exercise the stock appreciation right (the “SAR”) relating to _____ shares (the “Shares”) of the Common Stock of Sarepta Therapeutics, Inc. (the “Company”) under and pursuant to the Amended and Restated. 2011 Equity Incentive Plan (the “Plan”) and the Stock Appreciation Right Award Agreement dated _____________, 20__, (the “Agreement”). The aggregate exercise price for the Shares will be $________, pursuant to the Agreement. Capitalized terms used herein without definition shall have the meanings given in the Plan and, if not defined in the Plan, the Agreement.
Exercise of Stock Appreciation Right. This Stock Appreciation Right shall be exercisable with respect to _______ percent (___%) of such shares with respect to which it is granted on March 1, 20__, and shall be exercisable as to an additional _______ percent (___%) of such shares on March 1 of these succeeding _______ (___) years, on a cumulative basis, so that such right, or any unexercised portion thereof, shall be fully exercisable on and after March 1, 20__, provided that any portion of the Stock Appreciation Right that remains unexercisable shall become exercisable in the event of a Change in Control, as defined and subject to the conditions set forth in the Plan. Except as provided in subsection (e) of this section, the Participant may not exercise this Stock Appreciation Right or any part thereof unless at the time of such exercise the Participant shall be employed by the Corporation or a subsidiary, and shall have been so employed continuously since the Date of Grant, except in leaves of absence approved by the Committee, as defined in the Plan; provided, however, that the Participant may exercise this Stock Appreciation Right to the extent exercisable on the date of termination of such continuous employment during the three (3) months following such termination unless this Stock Appreciation Right shall have already expired by its terms. This Stock Appreciation Right shall be exercised in the manner set forth in Section 4 of this Agreement by serving written notice of exercise on the Corporation. Any obligation of the Corporation to pay the cash award as to which this Stock Appreciation Right is being exercised shall be conditioned upon the Corporation's ability at nominal expense to make such award in compliance with all applicable statutes, rules or regulations of any governmental authority. The Corporation may secure from the Participant any assurances or agreements which the Committee, in its sole discretion, shall deem necessary or advisable in order to comply with any such statutes, rules or regulations.
Exercise of Stock Appreciation Right. Each exercise of this Stock Appreciation Right shall be in writing (substantially in the form of Exhibit A hereto), signed by the Grantee, and received by the Company in its principal office. The Grantee may exercise this Stock Appreciation Right with respect to less than the total number of Shares covered hereby; provided that no partial exercise of this Stock Appreciation Right may be with respect to any fractional Share. Upon exercise of this Stock Appreciation Right, the Grantee shall receive from the Company payment in cash equal to the amount determined by multiplying (a) the difference between the Fair Market Value on the Date of Exercise over the exercise price of this Stock Appreciation Right, times (b) the number of Shares with respect to which this Stock Appreciation Right is exercised. If delivery is by mail, such delivery shall be deemed effected when deposited in the United States mail, addressed to Grantee.
Exercise of Stock Appreciation Right. Gentlemen: Subject to the terms and conditions of the Grant Agreement between the undersigned and Nanophase Technologies Corporation (the “Company”) with a _________, 20___ grant date (the “Agreement”), please take notice that the undersigned hereby elects to exercise the Stock Appreciation Rights granted to Grantee pursuant to the Agreement by and to the extent of ______ Stock Appreciation Rights at an Exercise Price of $ ______ per SAR. The undersigned hereby agrees that amounts may be withheld by the Company to satisfy any obligation to withhold taxes in connection with the payments relating to such exercise in accordance with the Agreement and the Plan (as defined in the Agreement). The undersigned hereby acknowledges that the exercise of these Stock Appreciation Rights is irrevocable and effective on the date the Company has received this Exercise Notice. Very truly yours, GRANTEE: (signature) Name of Grantee or other party duly exercising rights under the Agreement: Date:
Exercise of Stock Appreciation Right. Effective as of today, , 20 , the undersigned (“Participant”) hereby elects to exercise the stock appreciation right (the “SAR”) relating to shares (the “Shares”) of the Common Stock of Sarepta Therapeutics, Inc., formerly known as AVI BioPharma, Inc., (the “Company”) under and pursuant to the AVI BioPharma, Inc. 2011 Equity Incentive Plan (the “Plan”) and the Stock Appreciation Right Award Agreement dated August 23, 2012 (the “Agreement”). The exercise price for the Shares will be $ , as required by the Agreement. Capitalized terms used herein without definition shall have the meanings given in the Plan and, if not defined in the Plan, the Agreement.
