Paying the Premium: An Alternate Approach to Repricing Underwater Options - February 2024

Can we keep our heads (and options) above water? As we enter the middle of the first quarter of 2024, many management teams and boards are still asking themselves this question. Volatility in equity markets has, for many employers, resulted in their employees holding stock options with exercise prices significantly above the current market price of their stock (often referred to as “underwater” or “out of the money” options), making the option a less effective (or ineffective) means of retaining and incentivizing those employees.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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