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

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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

Once a company files for bankruptcy, they are no longer ?good for? the agreed-upon value, and the potential for Chapter 7 bankruptcy increases. Essentially, the company becomes illiquid. In this case, stock options are either suspended or lose all of their value. Thus, you'll be unable to sell off your shares.

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.

Stock options are a form of compensation. Companies can grant them to employees, contractors, consultants and investors. These options, which are contracts, give an employee the right to buy, or exercise, a set number of shares of the company stock at a preset price, also known as the grant price.

"When an underlying security is converted into a right to receive a fixed amount of cash, options on that security will generally be adjusted to require the delivery upon exercise of a fixed amount of cash, and trading in the options will ordinarily cease when the merger becomes effective.

If a startup never goes public, the stock options that employees have may become worthless or may have limited value. Stock options give employees the right to purchase a certain number of shares in the company at a predetermined price (also known as the exercise price or strike price).

A conventional stock split is a fairly clean increase of position size and a strike price adjustment and doesn't affect the value of an options position. It only means that the investor will be holding a greater number of contracts at a lower price.

Unvested Options ? Depending on the structure of the deal, there are three possibilities for unvested options. The holdings could be canceled, they might be converted to cash and paid out over time, or they could be converted to the acquiring company stock and subject to a new vesting schedule.

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.

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