Common use of 2004 Stock Incentive Plan Option Grants Clause in Contracts

2004 Stock Incentive Plan Option Grants. Option awards under the Stock Incentive Plan will have an exercise price per share equal to the closing price of Parent's common stock on the trading day immediately preceding the date of grant, will have a term of ten (10) years and will vest and become exercisable with respect to 1/4 of the underlying shares of Company common stock on the first, second, third and fourth anniversaries, respectively, of the date of grant; provided, however, that the Executive will be 100% vested in all outstanding option awards, including the unvested portion of such awards and shall be permitted to exercise all vested option awards only during the 90-day period following such accelerated vesting, upon (i) termination of the Executive's employment by the Company or the Board, other than a termination for "Cause" pursuant to Section 6(c) or any resignation by the Executive without "Good Reason" (as defined herein), following a Change in Control (as defined in the Stock Incentive Plan), (ii) a termination by the Company without Cause (as defined herein), (iii) a termination by the Executive for Good Reason (as defined herein), (iv) the Executive's death, or (v) the Disability (as defined below) of the Executive, and that the Executive will forfeit all unvested options if he is terminated for Cause or he terminates his employment hereunder for other than Good Reason. Effective as of the date hereof, the Parent shall grant the Executive options to purchase 40,000 shares of the Parent's common stock under the Stock Incentive Plan with an exercise price equal to the initial public offering price per share of the Parent's common stock, subject to the vesting provisions described above.

Appears in 2 contracts

Samples: Employment Agreement (KMG America CORP), Employment Agreement (KMG America CORP)

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2004 Stock Incentive Plan Option Grants. Option awards under the Stock Incentive Plan will have an exercise price per share equal to the closing price of Parent's ’s common stock on the trading day immediately preceding the date of grant, will have a term of ten (10) years and will vest and become exercisable with respect to 1/4 of the underlying shares of Company Parent common stock on the first, second, third and fourth anniversaries, respectively, of the date of grant; provided, however, that the Executive will be 100% vested in all outstanding option awards, including the unvested portion of such awards awards, and shall be permitted to exercise all vested option awards only during the 90-day period following such accelerated vesting, upon (i) any termination of the Executive's ’s employment by the Company or the Board, Parent Board other than a termination for "Cause" pursuant to Section 6(c) or any resignation by the Executive without "Good Reason" (as defined hereinbelow), following a Change in Control (as defined in the Stock Incentive Plan), (ii) a termination by the Company without Cause (as defined herein), (iii) a termination by the Executive for Good Reason (as defined herein), (iv) the Executive's ’s death, or (v) the Disability (as defined below) of the Executive, and that the Executive will forfeit all unvested options if he is terminated for Cause or he terminates his employment hereunder for other than Good Reason. Effective as of the date hereof, the Parent shall grant the Executive incentive options to purchase 40,000 155,000 shares of the Parent's ’s common stock under the Stock Incentive Plan with an exercise price equal to the initial public offering price per share of the Parent's ’s common stock, subject to the vesting provisions described above.

Appears in 2 contracts

Samples: Employment Agreement (KMG America CORP), Employment Agreement (KMG America CORP)

2004 Stock Incentive Plan Option Grants. Option awards under the Stock Incentive Plan will have an exercise price per share equal to the closing price of Parent's ’s common stock on the trading day immediately preceding the date of grant, will have a term of ten (10) years and will vest and become exercisable with respect to 1/4 of the underlying shares of Company common stock on the first, second, third and fourth anniversaries, respectively, of the date of grant; provided, however, that the Executive will be 100% vested in all outstanding option awards, including the unvested portion of such awards awards, and shall be permitted to exercise all vested option awards only during the 90-day period following such accelerated vesting, vesting upon (i) termination of the Executive's ’s employment by the Company or the Board, other than a termination for "Cause" pursuant to Section 6(c) or any resignation by the Executive without "Good Reason" (as defined herein), following a Change in Control (as defined in the Stock Incentive Plan), (ii) a termination by the Company without Cause (as defined herein), (iii) a termination by the Executive for Good Reason (as defined herein), (iv) the Executive's ’s death, or (v) the Disability (as defined below) of the Executive, and that the Executive will forfeit all unvested options if he is terminated for Cause or he terminates his employment hereunder for other than Good Reason. Effective as of the date hereof, the Parent shall grant the Executive options to purchase 40,000 shares of the Parent's common stock under the Stock Incentive Plan with an exercise price equal to the initial public offering price per share of the Parent's common stock, subject to the vesting provisions described above.

Appears in 1 contract

Samples: Employment Agreement (KMG America CORP)

2004 Stock Incentive Plan Option Grants. Option awards under the Stock Incentive Plan will have an exercise price per share equal to the closing price of Parent's common stock on the trading day immediately preceding the date of grant, will have a term of ten (10) years and will vest and become exercisable with respect to 1/4 of the underlying shares of Company common stock on the first, second, third and fourth anniversaries, respectively, of the date of grant; provided, however, that the Executive will be 100% vested in all outstanding option awards, including the unvested portion of such awards and shall be permitted to exercise all vested option awards only during the 90-day period following such accelerated vesting, upon (i) a termination of the Executive's employment by the Company or the Board, other than a termination for "Cause" pursuant to Section 6(c) or any resignation by the Executive without "Good Reason" (as defined herein), following a Change in Control (as defined in the Stock Incentive Plan), (ii) a termination by the Company without Cause (as defined herein), (iii) a termination by the Executive for Good Reason (as defined herein), (iv) the Executive's death, or (v) the Disability (as defined below) of the Executive, and that the Executive will forfeit all unvested options if he is terminated for Cause or he terminates his employment hereunder for other than Good Reason. Effective as of the date hereof, the Parent shall grant the Executive options to purchase 40,000 120,000 shares of the Parent's common stock under the Stock Incentive Plan with an exercise price equal to the initial public offering price per share of the Parent's common stock, subject to the vesting provisions described aboveabove (the "Initial Option Award").

Appears in 1 contract

Samples: Employment Agreement (KMG America CORP)

2004 Stock Incentive Plan Option Grants. Option awards under the Stock Incentive Plan will have an exercise price per share equal to the closing price of Parentthe Company's common stock on the trading day immediately preceding the date of grant, will have a term of ten (10) years and will vest and become exercisable with respect to 1/4 of the underlying shares of Company common stock on the first, second, third and fourth anniversaries, respectively, of the date of grant; provided, however, that the Executive will be 100% vested in all outstanding option awards, including the unvested portion of such awards and shall be permitted to exercise all vested option awards only during the 90-day period following such accelerated vesting, upon (i) any termination of the Executive's employment by the Company or the Board, Board other than a termination for "Cause" pursuant to Section 6(c) or any resignation by the Executive without "Good Reason" (as defined hereinbelow), following a Change in Control (as defined in the Stock Incentive Plan), (ii) a termination by the Company without Cause (as defined herein), (iii) a termination by the Executive for Good Reason (as defined herein), (iv) the Executive's death, or (v) the Disability (as defined below) of the Executive, and that the Executive will forfeit all unvested options if he is terminated for Cause or he terminates his employment hereunder for other than Good Reason. Effective as of the date hereof, the Parent Company shall grant the Executive incentive options to purchase 40,000 155,000 shares of the ParentCompany's common stock under the Stock Incentive Plan with an exercise price equal to the initial public offering price per share of the ParentCompany's common stock, subject to the vesting provisions described above.

Appears in 1 contract

Samples: Employment Agreement (KMG America CORP)

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2004 Stock Incentive Plan Option Grants. Option awards under the Stock Incentive Plan will have an exercise price per share equal to the closing price of Parent's Company’s common stock on the trading day immediately preceding the date of grant, will have a term of ten (10) years and will vest and become exercisable with respect to 1/4 of the underlying shares of Company common stock on the first, second, third and fourth anniversaries, respectively, of the date of grant; provided, however, that the Executive will be 100% vested in all outstanding option awards, including the unvested portion of such awards awards, and shall be permitted to exercise all vested option awards only during the 90-day period following such accelerated vesting, vesting upon (i) termination of the Executive's ’s employment by the Company or the Board, other than a termination for "Cause" pursuant to Section 6(c) or any resignation by the Executive without "Good Reason" (as defined herein), following a Change in Control (as defined in the Stock Incentive Plan), (ii) a termination by the Company without Cause (as defined herein), (iii) a termination by the Executive for Good Reason (as defined herein), (iv) the Executive's ’s death, or (v) the Disability (as defined below) of the Executive, and that the Executive will forfeit all unvested options if he is terminated for Cause or he terminates his employment hereunder for other than Good Reason. Effective as of the date hereofMarch 24, the Parent Company shall grant the Executive options to purchase 40,000 35,000 shares of the Parent's Company’s common stock under the Stock Incentive Plan with an exercise price equal to the initial public offering closing price per share of the Parent's Company’s common stockstock on March 24, 2005, subject to the vesting provisions described above.

Appears in 1 contract

Samples: Employment Agreement (KMG America CORP)

2004 Stock Incentive Plan Option Grants. Option awards under the Stock Incentive Plan will have an exercise price per share equal to the closing price of Parentthe Company's common stock on the trading day immediately preceding the date of grant, will have a term of ten (10) years and will vest and become exercisable with respect to 1/4 1/3 of the underlying shares of Company common stock on the first, second, second and third and fourth anniversaries, respectively, of the date of grant; provided, however, that the Executive will be 100% vested in all outstanding option awards, including the unvested portion of such awards awards, and shall be permitted to exercise all such vested option awards only at any time during the 90-day period following remaining portion of the ten (10) year term of such accelerated vestingoption awards, upon (i) any termination of the Executive's employment by the Company or the Board, Board other than a termination for "Cause" pursuant to Section 6(c) 7(c), or any resignation by the Executive with or without "Good Reason" (as defined hereinbelow), following a Change in Control (as defined in the Stock Incentive Plan), (ii) a termination by the Company without Cause (as defined herein), (iii) a termination by the Executive for Good Reason (as defined herein), (iv) the Executive's death, or (v) the Disability (as defined below) of the Executive, or (vi) the Company's failure to renew this Agreement, and that the Executive will forfeit all unvested options if he is terminated for Cause or he terminates his employment hereunder for other than Good Reason. Effective as of the date hereof, the Parent Company shall grant the Executive incentive options to purchase 40,000 310,000 shares of the ParentCompany's common stock under the Stock Incentive Plan with an exercise price equal to the initial public offering price per share of the ParentCompany's common stock, subject to the vesting provisions described above.

Appears in 1 contract

Samples: Employment Agreement (KMG America CORP)

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