Limitations on Forms of Consideration. The Company reserves, at any and all times, the right, in the Company’s sole and absolute discretion, to establish, decline to approve or terminate any program or procedure providing for payment of the Option Exercise Price through any of the means described in Section 6(b)(i)(b) above, including with respect to the Grantee notwithstanding that such program or procedures may be available to others; provided, however, that the Company shall provide at least thirty (30) days’ advance notice to the Grantee in the event the Company decides to exercise such discretion in a manner that restricts or limits the Grantee’s possible methods for paying the Option Exercise Price; provided, further, that if an Acquiror in a Change of Control decides not to assume the Option, then the Grantee shall have the ability to “net exercise” the Option in connection with or following the consummation of such Change of Control without regard to any Committee discretion or limitations provided in this Section 6(b)(ii).
Appears in 2 contracts
Sources: Nonqualified Stock Option Award Agreement (Super Micro Computer, Inc.), Nonqualified Stock Option Award Agreement (Super Micro Computer, Inc.)