Common use of EFFECT OF TRANSFER OF CONTROL ON OPTION Clause in Contracts

EFFECT OF TRANSFER OF CONTROL ON OPTION. In the event of a Transfer of Control, any unexercised portion of the Option shall be immediately exercisable and vested in full as of the date thirty (30) days prior to the date of the Transfer of Control. Any exercise of the Option that was permissible solely by reason of this Section 8.2 shall be conditioned upon the consummation of the Transfer of Control. In addition, the surviving, continuing, successor, or purchasing corporation or parent corporation thereof, as the case may be (the "Acquiring Corporation"), may either assume the Company's rights and obligations under the Option or substitute for the Option a substantially equivalent option for the Acquiring Corporation's stock. The Option shall terminate and cease to be outstanding effective as of the date of the Transfer of Control to the extent that the Option is neither assumed or substituted for by the Acquiring Corporation in connection with the Transfer of Control nor exercised as of the date of the Transfer of Control.

Appears in 2 contracts

Sources: Nonstatutory Stock Option Agreement (Adobe Systems Inc), Nonstatutory Stock Option Agreement (Adobe Systems Inc)

EFFECT OF TRANSFER OF CONTROL ON OPTION. In the event of a Transfer of Control, any unexercised portion of the Option shall be immediately exercisable and vested in full as of the date thirty (30) days prior to the date of the Transfer of Control. Any exercise of the Option that was permissible solely by reason of this Section 8.2 shall be conditioned upon the consummation of the Transfer of Control. In addition, the surviving, continuing, successor, or purchasing corporation or parent corporation thereof, as the case may be (the "Acquiring Corporation"), may either assume the Company's ’s rights and obligations under the Option or substitute for the Option a substantially equivalent option for the Acquiring Corporation's ’s stock. The Option shall terminate and cease to be outstanding effective as of the date of the Transfer of Control to the extent that the Option is neither assumed or substituted for by the Acquiring Corporation in connection with the Transfer of Control nor exercised as of the date of the Transfer of Control.

Appears in 1 contract

Sources: Nonstatutory Stock Option Agreement (Adobe Systems Inc)