Common use of Method of Option Exercise Clause in Contracts

Method of Option Exercise. Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Secretary of the Company at its corporate headquarters prior to the Company’s close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall specify the number of shares of Stock which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s election. Payment shall be by cash or by check payable to the Company. At the election of the Participant: (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock owned by the Participant for not less than six months prior to the payment date having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. The Committee may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange or market on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Corus Bankshares Inc), Nonqualified Stock Option Agreement (Corus Bankshares Inc)

AutoNDA by SimpleDocs

Method of Option Exercise. Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Secretary of the Company or his designee at its corporate headquarters prior to the Company’s 's close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall specify the number of shares of Stock which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s 's election. Payment shall be by cash or by check payable to the Company. At Except as otherwise provided by the election of the Participant: Committee, (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock owned by the Participant for not less than six months prior and acceptable to the payment date Committee having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. The Committee may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange or market on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and or regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company. Any certificate representing shares of Stock issued upon exercise of this Option shall contain such legends as the Company shall in its discretion require.

Appears in 2 contracts

Samples: Iso Agreement (Microtek Medical Holdings Inc), Nqo Agreement (Microtek Medical Holdings Inc)

Method of Option Exercise. Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Secretary of the Company at its corporate headquarters prior to the Company’s 's close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall specify the number of shares of Stock which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s 's election. Payment shall be by cash or by check payable to the Company. At Except as otherwise provided by the election of Committee before the ParticipantOption is exercised: (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock owned by the Participant for not less than six months prior and acceptable to the payment date Committee having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; required;(1) and (ii) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. The Committee may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange or market on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Corus Bankshares Inc), Non Qualified Stock Option Agreement (Corus Bankshares Inc)

Method of Option Exercise. Subject to the terms of this Agreement Option Terms and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Secretary of the Company at its corporate headquarters prior to the Company’s close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall specify the number of shares of Stock Covered Shares which the Participant elects to purchase, and shall be accompanied by by, or followed within ten days of delivery thereof, payment of the Exercise Price for such shares of Stock Covered Shares indicated by the Participant’s election. Payment shall may be by cash or or, subject to limitations imposed by check payable applicable law, by such means as the Committee from time to the Company. At the election of the Participant: time may permit, including, (i) all by delivery or a portion attestation of the Exercise Price may be paid by the Participant Mature Shares (valued at their Fair Market Value); (ii) by delivery of shares a properly executed exercise notice with irrevocable instructions to a broker to deliver to the Company the amount necessary to pay the exercise price from the sale; (iii) by delivery of Stock owned any other consideration that the Committee deems appropriate and in compliance with applicable law; or (iv) by delivery of any combination of the Participant for not less than six months foregoing, as the Committee may allow from time-to-time. Unless prior to the payment date having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit the shares issuable upon such exercise have been registered with the Commission pursuant to the Securities Act, the notice of exercise shall be accompanied by a representation or agreement of the individual or entity exercising the Option to the Company to the effect that such shares are being acquired for investment purposes and not with a sufficient portion view to the distribution thereof, and such other documentation as may be required by the Company, unless in the opinion of counsel to the sale proceeds Company such representation, agreement or documentation is not necessary to pay the entire Exercise Price and comply with any tax withholding resulting from such exerciseact. The Committee Company shall not be obligated to deliver any Company Stock until the shares have been listed on each securities exchange or market on which the Company Stock may disapprove of any election then be listed or until there has been qualification under or compliance with such federal or state laws, rules or regulations as the Company may suspend or terminate the right to make electionsdeem applicable. The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal federal securities laws or the rules and regulations of any securities exchange or market on which the Company Stock is traded. If traded and shall not be exercisable during any blackout period established by the Company makes such a determination, it shall use all reasonable efforts from time to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Companytime.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Modigene Inc.)

Method of Option Exercise. Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Secretary of the Company at its corporate headquarters prior to the Company’s close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall specify the number of shares of Stock which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s election. Payment shall be by cash or by check payable to the Company. At the election of the Participant: (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock owned by the Participant for not less than six months prior to the payment date having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. The Committee may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange or market on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Corus Bankshares Inc)

Method of Option Exercise. Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Secretary of the Company at its corporate headquarters prior to the Company’s 's close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall specify the number of shares of Class A Common Stock which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price purchase price for such shares of Class A Common Stock indicated by the Participant’s election's election or such other arrangement for the satisfaction of the purchase price as the Board may accept. Payment shall be by cash or by check payable to the Company. At Except as otherwise provided by the election of Board before the ParticipantOption is exercised: (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Class A Common Stock owned unencumbered by the Participant for not less than at least six months prior and acceptable to the payment date Board having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Class A Common Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. The Committee may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange or market on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.

Appears in 1 contract

Samples: Nqo Agreement (M Tron Industries Inc)

Method of Option Exercise. Subject to the terms of this Agreement and the Plan, the The Option may be exercised in whole or in part by filing a written notice with the Secretary Chief Financial Officer of the Company at its corporate headquarters prior to the Company’s close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall (a) specify the number of shares of Stock which the Participant elects to purchase; provided, however, that not less than one hundred (100) shares of Stock may be purchased at any one time unless the number purchased is the total number of shares available for purchase at that time under the Option, and shall (b) be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s 's election. Payment shall be by cash or by check payable to the Company. At the election , or, upon request of the ParticipantParticipant but only if approved by the Company in its sole discretion after receipt of such request: (ia) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock owned by the Participant for not less than six months prior acceptable to the payment date Company (including, if the Company so approves, the withholding of shares otherwise issuable upon exercise of the Option) and having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and or (iib) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. The Committee Issuance of shares of Stock upon the exercise of the Options may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and effected on a noncertificated basis, to the extent the Company determines that such exercise would violate not prohibited by applicable state or Federal securities laws law or the applicable rules and regulations of any securities stock exchange or a national market on which system, including without limitation the Nasdaq National Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the CompanyMarket.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Harris Interactive Inc)

Method of Option Exercise. Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Secretary of the Company at its corporate headquarters prior to the Company’s 's close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall specify the number of shares of Class A Common Stock which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price purchase price for such shares of Class A Common Stock indicated by the Participant’s election's election or such other arrangement for the satisfaction as the purchase price of the Committee may accept. Payment shall be by cash or by check payable to the Company. At Except as otherwise provided by the election of Committee before the ParticipantOption is exercised: (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Class A Common Stock owned unencumbered by the Participant for not less than at least six months prior and acceptable to the payment date Committee having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Class A Common Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. The Committee may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange or market on which the Class A Common Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.

Appears in 1 contract

Samples: Nqo Agreement (M Tron Industries Inc)

AutoNDA by SimpleDocs

Method of Option Exercise. Subject to the terms of this Agreement and the Plan, on and after the Vesting Date, the Option may be exercised in whole or in part with respect to the number of Covered Shares which become vested pursuant to Sections 2 or 4 above as of the Vesting Date by filing a written notice with the Secretary of the Company at its corporate headquarters prior to the Company’s close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the earlier to occur of the last day of the Term or the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall specify the number of shares of Stock which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s election. Payment shall be by cash or by check payable to the Company. At Except as otherwise provided by the election of Committee before the ParticipantOption is exercised: (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock owned by the Participant for not less than six months prior and acceptable to the payment date Committee having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. The Committee may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange or market on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.

Appears in 1 contract

Samples: Qualified Stock Option Agreement (Assured Guaranty LTD)

Method of Option Exercise. Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part by filing a written notice with the Secretary of the Company or his designee at its corporate headquarters prior to the Company’s 's close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall specify the number of shares of Stock which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s 's election. Payment shall be by cash or by check payable to the Company. At Except as otherwise provided by the election of the Participant: Board, (i) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock owned by the Participant for not less than six months prior and acceptable to the payment date Board having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and (ii) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. The Committee may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange or market on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and or regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company. Any certificate representing shares of Stock issued upon exercise of this Option shall contain such legends as the Company shall in its discretion require.

Appears in 1 contract

Samples: Nqo Agreement (Microtek Medical Holdings Inc)

Method of Option Exercise. Subject to the terms of this Agreement and the Plan, the The Option may be exercised in whole or in part by filing a written notice with the Secretary Chief Financial Officer of the Company at its corporate headquarters prior to the Company’s close of business on any business day after such Option becomes exercisable up until and including the last business day that occurs prior to the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is less. Such notice shall (a) specify the number of shares of Stock which the Participant elects to purchase; provided, however, that not less than one hundred (100) shares of Stock may be purchased at any one time unless the number purchased is the total number of shares available for purchase at that time under the Option, and shall (b) be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s 's election. Payment shall be by cash or by check payable to the Company. At the election , or, upon request of the ParticipantParticipant but only if approved by the Company in its sole discretion after receipt of such request: (ia) all or a portion of the Exercise Price may be paid by the Participant by delivery of shares of Stock owned by the Participant for not less than six months prior acceptable to the payment date Company (including, if the Company so approves, the withholding of shares otherwise issuable upon exercise of the Option) and having an aggregate Fair Market Value (valued as of the date of exercise) that is equal to the amount of cash that would otherwise be required; and or (iib) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. The Committee Issuance of shares of Stock upon exercise of the Options may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and effected on a noncertificated basis, to the extent the Company determines that such exercise would violate not prohibited by applicable state or Federal securities laws law or the applicable rules and regulations of any securities stock exchange or a national market on which system, including without limitation the Nasdaq National Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the CompanyMarket.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Harris Interactive Inc)

Method of Option Exercise. Subject to the terms of this Agreement and the Plan, the Option may be exercised in whole or in part part; provided, that no partial exercise of an Option shall be for an aggregate number of less than 100 Options. An Option shall be exercised by filing a written delivering notice with the Secretary of the Company at its corporate headquarters prior to the Company’s close 's principal office, to the attention of business on any its Plan Administrator, no less than one business day after such Option becomes exercisable up until and including in advance of the last business day that occurs prior to effective date of the Expiration Date, provided that the Option may not be exercised at any one time for less than 100 shares or the number of shares then purchasable under the Option, whichever is lessproposed exercise. Such notice shall specify the number of shares of Stock which the Participant elects to purchase, and shall be accompanied by payment of the Exercise Price for such shares of Stock indicated by the Participant’s election. Payment shall be by cash or by check payable to the Company. At Except as otherwise provided by the election of Committee before the ParticipantOption is exercised: (i) all or a portion of the Exercise Price may be paid by the Participant by either actual delivery of shares or by attestation, mature shares of Company Stock owned by the Participant (for not less than a minimum of six months prior to the payment date having an aggregate months) and valued at their Fair Market Value (valued as of on the effective date of such exercise) that is equal to , or partly in shares of Company Stock with the amount of cash that would otherwise be requiredbalance in cash, by certified check, bank cashier's check or wire transfer; and (ii) the Participant may pay the Exercise Price by irrevocably authorizing a third party to sell shares of Stock (or a sufficient portion of the shares) acquired upon exercise of the Option and remit to the Company a sufficient portion of the sale proceeds to pay the entire Exercise Price and any tax withholding resulting from such exercise. The Committee may disapprove of any election or may suspend or terminate the right to make elections. The Option shall not be exercisable if and to the extent the Company determines that such exercise would violate applicable state or Federal securities laws or the rules and regulations of any securities exchange or market on which the Stock is traded. If the Company makes such a determination, it shall use all reasonable efforts to obtain compliance with such laws, rules and or regulations. In making any determination hereunder, the Company may rely on the opinion of counsel for the Company.

Appears in 1 contract

Samples: Iso Agreement (Greenway Medical Technologies Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.