5.3 Stock Options . Employer agrees to provide stock options to Executive as follows (collectively, the "Options"):
(i) The Company shall provide Executive with a non-qualified stock option for exercise into One Hundred Fifty Thousand (150,000) shares of the Company's common stock effective as of the Effective Date (the "Signing Bonus Option"). The grant price of the Signing Bonus Option shall be the closing sales price of the Company's common stock on September 17, 2007 as quoted on the OTC Bulletin Board, or if there is no closing sales price on that date, the closing selling price on the last preceding date for which such quotation exists. 100% of the shares subject to the Signing Bonus Option will vest immediately upon the expiration of the Initial Term, provided that Executive is still employed by the Company at such time.
(ii) Effective as of the Effective Date, the Company shall provide Executive with a non-qualified stock option for exercise into Six Hundred Thousand (600,000) shares of the Company's common stock, with a grant price equal to the closing sales price of the Company's common stock on September 17, 2007 as quoted on the OTC Bulletin Board, or if there is no closing sales price on that date, the closing selling price on the last preceding date for which such quotation exists, to vest as follows: (i) regular vesting to commence after twelve
(12) months employment at 1/48 th over a period of four (4) years; and (ii) automatic accelerated vesting to occur for a percentage of unvested options, which amount shall be determined by the CEO and the Board of Directors, but in no event, less than twenty-five percent (25%), upon the "effective date" of a major event which shall include an acquisition of the Company or merger or the listing of the Company on the Amex or NASDAQ stock exchanges. Any remaining unvested options, if any, will vest according to the regular vesting schedule set forth above in this Section 5.3 (ii).
(iii) The options referenced above will be granted pursuant to, and will be subject to the terms of the Company's Stock Option Plan.
Be well