Montana Cash Award Paid to Holders of Non-Exercisable Stock Options Upon Merger or Consolidation

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US-CC-18-354F
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This sample form, a detailed Cash Award Paid to Holders of Non-Exercisable Stock Options upon Merger or Consolidation, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.
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FAQ

When a merger is completed the two companies that merged combine into a new entity. At that time, trading in the options of the previous entities will cease and all options on that security that were out-of-the-money will become worthless. Generally, this is determined by the very last closing price on that stock.

Depending on the specifics of the merger, investors may have their shares cashed-out, or exchanged for shares of the new company. Prices of stocks may increase or decrease, often depending on if they're shares of the target or acquiring company.

Vested employee stock options contain guarantees, so when a company is acquired employees with vested options will have some options. First is the acquiring company may buy out the options for cash. They may also offer to replace those contracts with options of the acquirer of equal or greater value.

The new company could assume your current unvested stock options or RSUs or substitute them. The same goes for vested options. You'd likely still have to wait to buy shares or receive cash, but could at least retain your unvested shares.

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Montana Cash Award Paid to Holders of Non-Exercisable Stock Options Upon Merger or Consolidation