Common use of Acceleration of Vesting of Equity Awards Clause in Contracts

Acceleration of Vesting of Equity Awards. All Company equity awards held by the Executive shall vest in full (and be released from any repurchase option in favor of the Company, if applicable) as of the date of the Executive’s termination of employment and the Executive shall have continued exercisability of each Company stock option held by the Executive (if any) for twelve (12) months; provided, however, that for stock options granted prior to the Effective Date, if the Company determines that such continued stock option exercisability would cause such stock option to be treated as covered by Section 409A of the Code or would cause the Executive to become subject to the immediate taxation prior to the date of exercise, additional tax and interest under Section 409A of the Code, then any such stock option then held by the Executive shall remain exercisable only until the earlier of (1) the date twelve (12) months after the date of termination, or (2) the later of the 15th day of the third month following the date at which, or December 31 of the calendar year in which, the stock option would otherwise have expired if the stock option had not been extended pursuant to this Section 4(d)(ii) (based on the terms of the stock option at the original grant date); provided, however, that such stock options shall not be exercisable after the expiration of its maximum term.

Appears in 5 contracts

Samples: Change in Control Severance Agreement (SGX Pharmaceuticals, Inc.), Change in Control Severance Agreement (SGX Pharmaceuticals, Inc.), Change in Control Severance Agreement (SGX Pharmaceuticals, Inc.)

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Acceleration of Vesting of Equity Awards. All Company equity awards held by the Executive shall vest in full (and be released from any repurchase option in favor of the Company, if applicable) as of the date of the Executive’s termination of employment and the Executive shall have continued exercisability of each Company stock option held by the Executive (if any) for twelve fifteen (1215) months; provided, however, that for stock options granted prior to the Effective Date, if the Company determines that such continued stock option exercisability would cause such stock option to be treated as covered by Section 409A of the Code or would cause the Executive to become subject to the immediate taxation prior to the date of exercise, additional tax and interest under Section 409A of the Code, then any such stock option then held by the Executive shall remain exercisable only until the earlier of (1) the date twelve fifteen (1215) months after the date of termination, or (2) the later of the 15th day of the third month following the date at which, or December 31 of the calendar year in which, the stock option would otherwise have expired if the stock option had not been extended pursuant to this Section 4(d)(ii) (based on the terms of the stock option at the original grant date); provided, however, that such stock options shall not be exercisable after the expiration of its maximum term.

Appears in 1 contract

Samples: Change in Control Severance Agreement (SGX Pharmaceuticals, Inc.)

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Acceleration of Vesting of Equity Awards. All Company equity awards held by the Executive shall vest in full (and be released from any repurchase option in favor of the Company, if applicable) as of the date of the Executive’s termination of employment and the Executive shall have continued exercisability of each Company stock option held by the Executive (if any) for [twelve (1212)][fifteen (15) [for Mxxx Xxxx only]] months; provided, however, that for stock options granted prior to the Effective Date, if the Company determines that such continued stock option exercisability would cause such stock option to be treated as covered by Section 409A of the Code or would cause the Executive to become subject to the immediate taxation prior to the date of exercise, additional tax and interest under Section 409A of the Code, then any such stock option then held by the Executive shall remain exercisable only until the earlier of (1) the date [twelve (1212)][fifteen (15) [for Mxxx Xxxx only]] months after the date of termination, or (2) the later of the 15th day of the third month following the date at which, or December 31 of the calendar year in which, the stock option would otherwise have expired if the stock option had not been extended pursuant to this Section 4(d)(ii) (based on the terms of the stock option at the original grant date); provided, however, that such stock options shall not be exercisable after the expiration of its maximum term.

Appears in 1 contract

Samples: Change in Control Severance Agreement (SGX Pharmaceuticals, Inc.)

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