Common use of Stock Option Clause in Contracts

Stock Option. Effective as of the date hereof (the "Effective ------------ Date"), under the terms of the American TeleSource International, Inc. (ATSI) 1997 Stock Option Plan (the "Plan"), ATSI, an Ontario corporation ("ATSI"), hereby grants to Executive the option (the "Option") to purchase shares (the "Option Shares") of Common Stock, no par value per share, of ATSI, subject to the requisite approval of the Plan by ATSI's Board of Directors and ATSI's shareholders. The number of Option Shares, the purchase price per Option Share and the installments and dates in which the Executive shall have the right to exercise the Option are attached to this Agreement as Exhibit "B". The Plan is attached to this Agreement as Exhibit "A". Beginning on the Effective Date, such installments shall be cumulative (i.e. once the right to purchase the number of shares of an installment has accrued, such shares may be purchased at any time thereafter, or in part from time to time, until the business day immediately preceding the tenth anniversary of the Effective Date (the "Expiration Date") or until such earlier date as set forth in the following paragraph. Notwithstanding the preceding sentence, upon the occurrence of a Change in Control, Executive's right to exercise the Option shall become fully vested (i.e., all unissued Option Shares may be purchased at any time thereafter, or in part from time to time, until the Expiration Date or until such earlier date as set forth in the following paragraph). Upon termination of Executive's employment pursuant to Paragraph 1(D)(4) ----------------- (Termination by the Company for Cause) or paragraph 1(D)(6) (Voluntary ----------------- Termination by Executive), the Option shall remain exercisable for the four month period following such termination, but only to the extent such option was exercisable at termination. Upon termination of Executive's employment pursuant to paragraph 1(D)(1) (Death) or paragraph 1(D)(2) ----------------- ----------------- (Disability), the Option, to the extent then exercisable, shall remain exercisable for the one-year period following such termination. Upon termination of Executive's employment pursuant to paragraph (D)(3) (Termination by the ---------------- Company without Cause) or paragraph 1(D)(5) (By the Executive for Good Reason), ----------------- Executive's right to exercise the Option shall become fully vested and the Option shall remain exercisable for the four-month period following such termination.

Appears in 3 contracts

Samples: Employment Agreement (American Telesource International Inc), Executive Employment Agreement (American Telesource International Inc), Executive Employment Agreement (American Telesource International Inc)

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Stock Option. Effective as of the date hereof (the "Effective ------------ Date"), ------------ under the terms of the American TeleSource International, Inc. (ATSI) 1997 1998 Stock Option Plan (the "Plan"), ATSI, an Ontario a Delaware corporation ("ATSI"), hereby grants to Executive the option (the "Option") to purchase shares (the "Option Shares") of Common Stock, no par value per share, of ATSI, subject to the requisite approval of the Plan by ATSI's Board of Directors and ATSI's shareholders. The number of Option Shares, the purchase price per Option Share and the installments and dates in which the Executive shall have the right to exercise the Option are attached to this Agreement as Exhibit "B". The Plan is attached to this Agreement as Exhibit "A". Beginning on the Effective Date, such installments shall be cumulative (i.e. once the right to purchase the number of shares of an installment has accrued, such shares may be purchased at any time thereafter, or in part from time to time, until the business day immediately preceding the tenth anniversary of the Effective Date (the "Expiration Date") or until such earlier date as set forth in the following paragraph. Notwithstanding the preceding sentence, upon the occurrence of a Change in Control, Executive's right to exercise the Option shall become fully vested (i.e., all unissued Option Shares may be purchased at any time thereafter, or in part from time to time, until the Expiration Date or until such earlier date as set forth in the following paragraph). Upon termination of Executive's employment pursuant to Paragraph 1(D)(4) ----------------- (Termination by the Company for Cause) or paragraph 1(D)(6) (Voluntary ----------------- Termination by Executive), the Option shall remain exercisable for the four month period following such termination, but only to the extent such option was exercisable at termination. Upon termination of Executive's employment pursuant to paragraph 1(D)(1) (Death) or paragraph 1(D)(2) ----------------- ----------------- (Disability), the Option, to ----------------- ----------------- the extent then exercisable, shall remain exercisable for the one-year period following such termination. Upon termination of Executive's employment pursuant to paragraph (D)(3) (Termination by the ---------------- Company without Cause) or ----------------- paragraph 1(D)(5) (By the Executive for Good Reason), ----------------- Executive's right to ----------------- exercise the Option shall become fully vested and the Option shall remain exercisable for the four-month period following such termination.

Appears in 1 contract

Samples: Executive Employment Agreement (American Telesource International Inc)

Stock Option. Effective as of the date hereof (the "Effective ------------ Date"), under the terms of the American TeleSource International, Inc. (ATSI) 1997 1998 Stock Option Plan (the "Plan"), ATSI, an Ontario a Delaware corporation ("ATSI"), hereby grants to Executive the option (the "Option") to purchase shares (the "Option Shares") of Common Stock, no par value per share, of ATSI, subject to the requisite approval of the Plan by ATSI's Board of Directors and ATSI's shareholders. The number of Option Shares, the purchase price per Option Share and the installments and dates in which the Executive shall have the right to exercise the Option are attached to this Agreement as Exhibit "B". The Plan is attached to this Agreement as Exhibit "A". Beginning on the Effective Date, such installments shall be cumulative (i.e. once the right to purchase the number of shares of an installment has accrued, such shares may be purchased at any time thereafter, or in part from time to time, until the business day immediately preceding the tenth anniversary of the Effective Date (the "Expiration Date") or until such earlier date as set forth in the following paragraph. Notwithstanding the preceding sentence, upon the occurrence of a Change in Control, Executive's right to exercise the Option shall become fully vested (i.e., all unissued Option Shares may be purchased at any time thereafter, or in part from time to time, until the Expiration Date or until such earlier date as set forth in the following paragraph). Upon termination of Executive's employment pursuant to Paragraph 1(D)(4) ----------------- (Termination by the Company for Cause) or paragraph 1(D)(6) (Voluntary ----------------- Termination by Executive), the Option shall remain exercisable for the four month period following such termination, but only to the extent such option was exercisable at termination. Upon termination of Executive's employment pursuant to paragraph 1(D)(1) (Death) or paragraph 1(D)(2) ----------------- ----------------- (Disability), the Option, to ----------------- ----------------- the extent then exercisable, shall remain exercisable for the one-year period following such termination. Upon termination of Executive's employment pursuant to paragraph (D)(3) (Termination by the ---------------- Company without Cause) or ----------------- paragraph 1(D)(5) (By the Executive for Good Reason), ----------------- Executive's right to ----------------- exercise the Option shall become fully vested and the Option shall remain exercisable for the four-month period following such termination.

Appears in 1 contract

Samples: Executive Employment Agreement (American Telesource International Inc)

Stock Option. Effective as of Subject to approval by the date hereof (Board or the "Effective ------------ Date")Compensation Committee, the Company will grant to Executive, under the terms Company’s Third Amended and Restated 2011 Stock Option and Incentive Plan, a non-qualified stock option to purchase a total of 400,000 shares of the American TeleSource InternationalCompany’s common stock, Inc. (ATSI) 1997 Stock Option Plan (the "Plan"), ATSI, an Ontario corporation ("ATSI"), hereby grants to Executive the option (the "Option") to purchase shares (the "Option Shares") of Common Stock, no $0.00001 par value per shareshare (the “Option”). The Option shall: (i) have an exercise price per share equal to the closing price of Common Stock as reported by NASDAQ Global Market on the date of grant and (ii) be exercisable as to any vested shares until the earlier to occur of (x) the date that is five years following the date of termination of Executive’s employment or (y) the expiration date of the Option. Subject to the provisions of Section 7 hereof, the Option will be subject to vesting as follows: (A) 300,000 of ATSI, the shares subject to the requisite approval Option (the “Time Vesting Shares”) will vest and become exercisable on the following schedule: 25% of the Plan by ATSI's Board of Directors and ATSI's shareholders. The number of Option Shares, the purchase price per Option Share and the installments and dates in which the Executive Time Vesting Shares shall have the right to exercise the Option are attached to this Agreement as Exhibit "B". The Plan is attached to this Agreement as Exhibit "A". Beginning become exercisable on the Effective Date, such installments shall be cumulative (i.e. once the right to purchase the number of shares of an installment has accrued, such shares may be purchased at any time thereafter, or in part from time to time, until the business day immediately preceding the tenth first anniversary of the Effective Date grant date and an additional 2.0833% of the Time Vesting Shares shall become exercisable on each monthly anniversary of such date, and (B) 100,000 of the shares subject to the Option (the "Expiration Date"“Performance Vesting Shares”) or until such earlier date as shall vest and become exercisable on the following schedule: provided that the Company has achieved the performance criteria set forth in the following paragraph. Notwithstanding the preceding sentence, upon the occurrence of a Change in Control, Executive's right to exercise award agreement governing the Option on or before December 31, 2016 (the “Performance Goal”), 25% of the Performance Vesting Shares shall become fully vested (i.e.exercisable on the first anniversary of the grant date an additional 2.0833% of the Performance Vesting Shares shall become exercisable on each monthly anniversary of such date. The determination as to whether the Performance Goal has been achieved shall be made by the Board or the Compensation Committee in its sole discretion. For the avoidance of doubt, all unissued Option Shares may be purchased at any time thereafter, or in part from time to time, until the Expiration Date or until such earlier date as set forth in the following paragraph). Upon termination event that the Performance Goal is not achieved, none of Executive's employment pursuant to Paragraph 1(D)(4) ----------------- (Termination by the Company for Cause) or paragraph 1(D)(6) (Voluntary ----------------- Termination by Executive), the Option Performance Vesting Shares shall remain vest and become exercisable for the four month period following and such termination, but only to the extent such option was exercisable at termination. Upon termination of Executive's employment pursuant to paragraph 1(D)(1) (Death) or paragraph 1(D)(2) ----------------- ----------------- (Disability), the Option, to the extent then exercisable, shares shall remain exercisable for the one-year period following such termination. Upon termination of Executive's employment pursuant to paragraph (D)(3) (Termination by the ---------------- Company without Cause) or paragraph 1(D)(5) (By the Executive for Good Reason), ----------------- Executive's right to exercise the Option shall become fully vested and the Option shall remain exercisable for the four-month period following such termination.be forfeited

Appears in 1 contract

Samples: Agreement of Employment (Ocera Therapeutics, Inc.)

Stock Option. Effective as of the date hereof (the "Effective ------------ Date"), under the terms of the American TeleSource International, Inc. (ATSI) 1997 Stock Option Plan (the "Plan"), ATSI, an Ontario corporation ("ATSI"), hereby grants to Executive the option (the "Option") to purchase shares (the "Option Shares") of Common Stock, no par value per share, of ATSI, subject to the requisite approval of the Plan by ATSI's Board of Directors and ATSI's shareholders. The number of Option Shares, the purchase price per Option Share and the installments and dates in which the Executive shall have the right to exercise the Option are attached to this Agreement as Exhibit "B". The Plan is attached to this Agreement as Exhibit "A". Beginning on the Effective Date, such installments shall be cumulative (i.e. once the right to purchase the number of shares of an installment has accrued, such shares may be purchased at any time thereafter, or in part from time to time, until the business day immediately preceding the tenth anniversary of the Effective Date (the "Expiration Date") or until such earlier date as set forth in the following paragraph. Notwithstanding the preceding sentence, upon the occurrence of a Change in Control, Executive's right to exercise the Option shall become fully vested (i.e., all unissued Option Shares may be purchased at any time thereafter, or in part from time to time, until the Expiration Date or until such earlier date as set forth in the following paragraph). Upon termination of Executive's employment pursuant to Paragraph 1(D)(4) ----------------- (Termination by the Company for Cause) or paragraph 1(D)(6) (Voluntary ----------------- Termination by Executive), the Option shall remain exercisable for the four month period following such termination, but only to the extent such option was exercisable at termination. Upon termination of Executive's employment pursuant to paragraph 1(D)(1) (Death) or paragraph 1(D)(2) ----------------- ----------------- (Disability), the Option, to the extent then exercisable, shall remain exercisable for the one-year period following such termination. Upon termination of Executive's employment pursuant to paragraph (D)(3) (Termination ---------------- by the ---------------- Company without Cause) or paragraph 1(D)(5) (By the Executive for Good ----------------- Reason), ----------------- Executive's right to exercise the Option shall become fully vested and the Option shall remain exercisable for the four-month period following such termination.

Appears in 1 contract

Samples: Executive Employment Agreement (American Telesource International Inc)

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Stock Option. Effective as of the date hereof (the "Effective ------------ Date"), under the terms of the American TeleSource International, Inc. (ATSI) 1997 GLOBALSCAPE 1998 Stock Option Plan (the "Plan"), ATSIGLOBALSCAPE, an Ontario a Delaware corporation ("ATSIGlobal"), hereby grants to Executive the option (the "Option") to purchase shares (the "Option Shares") of Common Stock, no $.001 par value per share, of ATSI, subject to the requisite approval of the Plan by ATSI's Board of Directors and ATSI's shareholdersGLOBALSCAPE. The number of Option Shares, the purchase price per Option Share and the installments and dates in which the Executive shall have the right to exercise the Option are attached to this Agreement as Exhibit "B". The Plan is attached to this Agreement as Exhibit "A". Beginning on the Effective Date, such installments shall be cumulative (i.e. once the right to purchase the number of shares of an installment has accrued, such shares may be purchased at any time thereafter, or in part from time to time, until the business day immediately preceding the tenth anniversary of the Effective Date (the "Expiration Date") or until such earlier date as set forth in the following paragraph. Notwithstanding the preceding sentence, upon the occurrence of a Change in Control, Executive's right to exercise the Option shall become fully vested (i.e., all unissued Option Shares may be purchased at any time thereafter, or in part from time to time, until the Expiration Date or until such earlier date as set forth in the following paragraph). Upon termination of Executive's employment pursuant to Paragraph 1(D)(4) ----------------- (Termination by the Company for Cause) or paragraph 1(D)(6) (Voluntary ----------------- Termination by Executive), the Option shall remain exercisable for the four month period following such termination, but only to the extent such option was exercisable at termination. Upon termination of Executive's employment pursuant to paragraph 1(D)(1) (Death) ----------------- or paragraph 1(D)(2) ----------------- ----------------- (Disability), the Option, to the extent then exercisable, ----------------- shall remain exercisable for the one-year period following such termination. Upon termination of Executive's employment pursuant to paragraph (D)(3) ---------------- (Termination by the ---------------- Company without Cause) or paragraph 1(D)(5) (By the ----------------- Executive for Good Reason), ----------------- Executive's right to exercise the Option shall become fully vested and the Option shall remain exercisable for the four-month period following such termination.

Appears in 1 contract

Samples: Corrected And (American Telesource International Inc)

Stock Option. Effective as of the date hereof (the "Effective ------------ Date"), under the terms of the American TeleSource International, Inc. (ATSI) 1997 Stock Option Plan (the "Plan"), ATSI, an Ontario corporation ("ATSI"), hereby grants to Executive the option (the "Option") to purchase shares (the "Option Shares") of Common Stock, no par value per share, of ATSI, subject to the requisite approval of the Plan by ATSI's Board of Directors and ATSI's shareholders. The number of Option Shares, the purchase price per Option Share and the installments and dates in which the Executive shall have the right to exercise the Option are attached to this Agreement as Exhibit "B". The Plan is attached to this Agreement as Exhibit "A". Beginning on the Effective Date, such installments shall be cumulative (i.e. once the right to purchase the number of shares of an installment has accrued, such shares may be purchased at any time thereafter, or in part from time to time, until the business day immediately preceding the tenth anniversary of the Effective Date (the "Expiration Date") or until such earlier date as set forth in the following paragraph. Notwithstanding the preceding sentence, upon the occurrence of a Change in Control, Executive's right to exercise the Option shall become fully vested (i.e., all unissued Option Shares may be purchased at any time thereafter, or in part from time to time, until the Expiration Date or until such earlier date as set forth in the following paragraph). Upon termination of Executive's employment pursuant to Paragraph 1(D)(4) ----------------- (Termination by the Company for Cause) or paragraph 1(D)(6) (Voluntary ----------------- Termination by Executive), the Option shall remain exercisable for the four month period following such termination, but only to the extent such option was exercisable at termination. Upon termination of Executive's employment pursuant to paragraph 1(D)(1) (Death) or paragraph 1(D)(2) ----------------- ----------------- (Disability), the Option, to ----------------- ----------------- the extent then exercisable, shall remain exercisable for the one-year period following such termination. Upon termination of Executive's employment pursuant to paragraph (D)(3) (Termination by the ---------------- Company without Cause) or ----------------- paragraph 1(D)(5) (By the Executive for Good Reason), ----------------- Executive's right to ----------------- exercise the Option shall become fully vested and the Option shall remain exercisable for the four-month period following such termination.

Appears in 1 contract

Samples: Executive Employment Agreement (American Telesource International Inc)

Stock Option. Effective as of the date hereof (the "Effective ------------ Date"), ------------- under the terms of the American TeleSource International, Inc. (ATSI) 1997 GLOBALSCAPE 1998 Stock Option Plan (the "Plan"), ATSIGLOBALSCAPE, an Ontario a Delaware corporation ("ATSIGlobal"), hereby grants to Executive the option (the "Option") to purchase shares (the "Option Shares") of Common Stock, no $.001 par value per share, of ATSI, subject to the requisite approval of the Plan by ATSI's Board of Directors and ATSI's shareholdersGLOBALSCAPE. The number of Option Shares, the purchase price per Option Share and the installments and dates in which the Executive shall have the right to exercise the Option are attached to this Agreement as Exhibit "B". The Plan is attached to this Agreement as Exhibit "A". A." Beginning on the Effective Date, such installments shall be cumulative (i.e. once the right to purchase the number of shares of an installment has accrued, such shares may be purchased at any time thereafter, or in part from time to time, until the business day immediately preceding the tenth anniversary of the Effective Date (the "Expiration Date") or until such earlier date as set forth in the following paragraph. Notwithstanding the preceding sentence, upon the occurrence of a Change in Control, Executive's right to exercise the Option shall become fully vested (i.e., all unissued Option Shares may be purchased at any time thereafter, or in part from time to time, until the Expiration Date or until such earlier date as set forth in the following paragraph). Upon termination of Executive's employment pursuant to Paragraph 1(D)(4l(D)(4) ----------------- (Termination by the Company for Cause) or paragraph 1(D)(6l(D)(6) (Voluntary ----------------- Termination by Executive), the Option shall remain exercisable for the four month period following such termination, but only to the extent such option was exercisable at termination. Upon termination of Executive's employment pursuant to paragraph 1(D)(1l(D)(1) (Death) or paragraph 1(D)(2l(D)(2) ----------------- ----------------- (Disability), the Option, to the extent then exercisable, shall remain exercisable for the one-year period following such termination. Upon termination of Executive's employment pursuant to paragraph (D)(3) (Termination by the ---------------- Company without Cause) or paragraph 1(D)(5l(D)(5) (By the Executive for Good Reason), ----------------- Executive's right to exercise the Option shall become fully vested and the Option shall remain exercisable for the four-month period following such termination.

Appears in 1 contract

Samples: Corrected And (Globalscape Inc)

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