Other Events Causing Termination of Option Clause Samples
Other Events Causing Termination of Option. Notwithstanding anything to the contrary contained in this Agreement, the Option shall terminate upon the consummation of any of the following events, or, if later, the thirtieth day following the first date upon which such event shall have been approved by both the Board and the shareholders of the Company:
(i) the dissolution or liquidation of the Company; or
(ii) a sale of substantially all of the property and assets of the Company, unless the terms of such sale shall provide otherwise.
Other Events Causing Termination of Option. Notwithstanding anything to the contrary in this Agreement, the Option shall terminate (unless the terms of the transaction giving rise to such termination provide otherwise) upon the consummation of the dissolution or liquidation of the Company or a Change of Control, or, if later, the thirtieth (30th) day following the first date upon which either of such events shall have been approved by both the Board and the stockholders of the Company; provided however, that no such termination shall occur until the Company shall have provided the Optionee with reasonable notice of such pending termination and Optionee shall have been provided reasonable opportunity to exercise the Option, as such Option may be accelerated pursuant to Section 2(a) hereof.
Other Events Causing Termination of Option. Notwithstanding anything to the contrary in this Agreement, the Option shall terminate upon the consummation of any of the following events, or, if later, the thirtieth day following the first date upon which such event shall have been approved by both the Board and the stockholders of the Company:
(i) the dissolution or liquidation of the Company; or
(ii) a sale of substantially all of the property and assets of the Company, unless the terms of such sale shall provide otherwise; provided that in connection with such transaction the Company shall pay to Grantee in cash an amount equal to the excess of the Fair Market Value (on the date of the applicable corporate transaction) of the Option Shares subject to the then-unexercised vested portion of the Option over the exercise price of such portion of the Option, unless, in the event of a sale of substantially all of the property and assets of the Company, the acquiring corporation has granted substitute options to purchase its shares on such terms and conditions as shall substantially preserve the rights and economic benefits of the Option.
Other Events Causing Termination of Option. Notwithstanding anything to the contrary in this Option Agreement, the Option shall terminate upon the dissolution or liquidation of the Company.
Other Events Causing Termination of Option. Notwithstanding anything to the contrary in this Agreement, the Option shall terminate in the event of the occurrence of an event referred to in clause (ii) or (iii) of paragraph (c) above or a merger or consolidation referred to in clause (i) of paragraph (c) above (a "Termination Event") (even if such Termination Event occurs after an event referred to in clause (i) of said paragraph (c) above which is not a Terminating Event) unless the terms of any such transaction constituting the Terminating Event otherwise provide. Such termination shall occur on the 30th day following any such Terminating Event (or such later date as the Board of Directors or the Committee shall determine) unless the Board of Directors or the Committee (i) sets an earlier date which is at least ten days prior to the occurrence of the Terminating Event, (ii) notifies the Optionee in writing at least ten days before the occurrence of the Terminating Event of the setting of such date and (iii) accelerates the exercisability of the Option to the extent it would otherwise be exercisable for any part of the thirty day period after such event pursuant to Section 1 or pursuant to paragraph (c) above so that, to such extent, the Option could be exercised for a period of at least ten days prior to the occurrence of the Terminating Event. In such event where the requirements of clauses (i), (ii) and (iii) of the preceding sentence are met, the Option shall expire immediately upon the occurrence of the Terminating Event.
Other Events Causing Termination of Option. Notwithstanding anything to the contrary in this Agreement, the Option shall terminate upon the consummation of any of the following events, or, if later, the thirtieth day following the first date upon which such event shall have been approved by both the Board and the shareholders of the Company:
(i) the dissolution of the Company;
(ii) a sale of substantially all of the property and assets of the Company, unless the terms of such sale shall provide otherwise; or
(iii) any transaction the terms of which provide that the Employee will immediately receive the spread between the fair market value of the securities underlying this Option and the Exercise Price if the Board of Directors, in their sole discretion, determine to so terminate this Option in connection with such transaction.
Other Events Causing Termination of Option. Notwithstanding anything to the contrary in this Agreement, unless otherwise determined by the Board of Directors, the Option shall terminate upon (i) the consummation of the dissolution or liquidation of the Company, (ii) a Change of Control of the Company, (iii) a sale of all or substantially all of the assets, in a single or a series of related transactions, of the Company or NuCO2, or, (iv) if later, the thirtieth (30th) day following the first date upon which any of such events shall have been approved by both the Board of Directors and the stockholders of the Company or NuCO2, as the case may be; provided, however, that no such termination shall occur until the Company shall have provided Optionee with reasonable notice of such pending termination and Optionee shall have been provided reasonable opportunity to exercise the Option, as such Option may be accelerated pursuant to Section 2(a) hereof.
Other Events Causing Termination of Option. Notwithstanding anything to the contrary in this Agreement, the Options shall terminate upon the consummation of any of the following events:
(i) the dissolution or liquidation of the Company;
(ii) a reorganization, merger or consolidation of the Company (other than a reorganization, merger or consolidation the sole purpose of which is to change the Company's domicile or state of incorporation solely within the United States) the consummation of which results in the outstanding securities of any class then subject to the Options being exchanged for or converted into cash, property and/or a different kind of securities, unless such reorganization, merger or consolidation shall have been affirmatively recommended to the shareholders of the Company by the Board of Directors of the Company (the "Board") and the terms of such reorganization, merger or consolidation shall provide that the Options shall continue in effect thereafter on terms substantially similar to those under the Plan; or
(iii) a sale of all or substantially all of the property and assets of the Company, unless the terms of such sale shall provide otherwise.
Other Events Causing Termination of Option. Notwithstanding anything to the contrary in this Award, the Option shall terminate upon the consummation of any of the following events:
(i) the dissolution or liquidation of the Company; or
(ii) a reorganization, merger or consolidation of the Company as a result of which the outstanding securities of the class then subject to the Option are exchanged for or converted into cash, property and/or securities not issued by the Company unless provision is made in writing in connection with any such transaction for the assumption of the Option or the substitution for the Option of a new option covering the securities of a successor entity, or a parent or subsidiary thereof, or of the Company, with appropriate adjustments as to the number and kind of shares and prices; or
(iii) a sale of substantially all of the property and assets of the Company.
Other Events Causing Termination of Option. Notwithstanding anything to the contrary in this Agreement, the Option shall terminate upon the consummation of any of the following events:
(i) the dissolution or liquidation of the Company or EarthShell; or
(ii) a sale of substantially all of the property and assets of the Company or EarthShell; or
(iii) a merger or consolidation of the Company or EarthShell with another entity or any other form of reorganization in which the Company or EarthShell, as applicable, dissolves or ceases to exist.
