Annual Limit on Incentive Stock Options. To the extent required for “incentive stock option” treatment under Section 422 of the Code, the aggregate Fair Market Value (determined as of the time of grant) of the shares of Stock with respect to which Incentive Stock Options granted under this Plan and any other plan of the Company or its parent and subsidiary corporations become exercisable for the first time by an optionee during any calendar year shall not exceed $100,000. To the extent that any Stock Option exceeds this limit, it shall constitute a Non-Qualified Stock Option.
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Samples: Business Combination Agreement (Capstar Special Purpose Acquisition Corp.), Merger Agreement (BCTG Acquisition Corp.), Merger Agreement (FS Development Corp.)
Annual Limit on Incentive Stock Options. To the extent required for “"incentive stock option” " treatment under Section 422 of the Code, the aggregate Fair Market Value (determined as of the time of grant) of the shares of Stock with respect to which Incentive Stock Options granted under this Plan and any other plan of the Company or its parent and subsidiary corporations become exercisable for the first time by an optionee during any calendar year shall not exceed $100,000. To the extent that any Stock Option exceeds this limit, it shall constitute a Non-Qualified Stock Option.
Appears in 2 contracts
Samples: Business Combination Agreement (Therapeutics Acquisition Corp.), 2000 Special Voyager Stock Option Plan (Corecomm LTD /De/)
Annual Limit on Incentive Stock Options. To the extent required for “incentive stock option” treatment under Section 422 of the Code, the aggregate Fair Market Value (determined as of the time of grant) of the shares of Stock with respect to which Incentive Stock Options granted under this Plan and any other plan of the Company or its parent and subsidiary corporations become exercisable for the first time by an optionee during any calendar year shall not exceed exceeds $100,000, such Stock Options will be treated as Nonstatutory Stock Options. To the extent that any Stock Option exceeds For purposes of this limit, it shall constitute a Non-Qualified Incentive Stock OptionOptions will be taken into account in the order in which they were granted.
Appears in 1 contract
Samples: Business Combination Agreement (Andretti Acquisition Corp.)
Annual Limit on Incentive Stock Options. To the extent required for “incentive stock option” treatment under Section 422 of the Code, that the aggregate Fair Market Value (determined as of the time of grantdate the Incentive Stock Option is granted) of the shares of Stock Shares with respect to which Incentive Stock Options granted to a Participant under this Plan and any all other plan option plans of the Company or its parent and subsidiary corporations of any Parent or Subsidiary become exercisable for the first time by an optionee the Participant during any calendar year exceeds $100,000 (as determined in accordance with Section 422(d) of the Code), the portion of such Incentive Stock Options in excess of $100,000 shall not exceed $100,000. To the extent that any be treated as Nonqualified Stock Option exceeds this limit, it shall constitute a Non-Qualified Stock OptionOptions.
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Samples: Stockholders' Agreement (United Artists Theatre Circuit Inc /Md/)