Assignment of Option. The Optionee's rights under the Plan and this Award Agreement are personal; no assignment or transfer of the Optionee's rights under and interest in this Option may be made by the Optionee other than by will or by the laws of descent and distribution or by a qualified domestic relations order; and this Option is exercisable during his lifetime only by the Optionee, or in the case of an Optionee who is mentally incapacitated, this option shall be exercisable by his guardian or legal representative. Notwithstanding the foregoing, subject to approval by the Committee in its sole discretion, other than with respect to Incentive Stock Options, the Option is transferable by the Optionee to (a) the spouse, children or grandchildren (including adopted and stepchildren and grandchildren) of the Optionee ("Immediate Family Members"), (b) a trust or trusts for the exclusive benefit of such Immediate Family Members, or (c) a partnership or partnerships in which such Immediate Family Members and, if applicable, the Optionee are the only partners. Subsequent transfers of a transferred Option shall be prohibited except by will or the laws of descent and distribution, unless such transfers are made to the original Optionee or a person to whom the original Optionee could have made a transfer in the manner described herein. No transfer shall be effective unless and until written notice of such transfer is provided to the Committee, in the form and manner prescribed by the Committee. Following transfer, the Option shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, and except as otherwise provided herein, the term "Optionee" shall be deemed to refer to the transferee. The consequences of termination of Service shall continue to be applied with respect to the original Optionee, following which the Options shall be exercisable by the transferee only to the extent and for the periods specified in the Plan and this Award Agreement. After the death of the Optionee, exercise of the Option shall be permitted only by the Optionee's executor or the personal representative of the Optionee's estate and only to the extent that the Option was exercisable on the date of the Optionee's death.
Appears in 2 contracts
Samples: Employee Incentive Stock Option Award Agreement (Administaff Inc \De\), Employee Incentive Stock Option Award Agreement (Administaff Inc \De\)
Assignment of Option. The Optionee's rights under the Plan and this Award Agreement are personal; no assignment or transfer of the Optionee's rights under and interest in this Option may be made by the Optionee other otherwise than by will or by the laws of descent and distribution or by a qualified domestic relations orderdistribution; and this Option is exercisable during his lifetime only by the Optionee, or in the case of an Optionee who is mentally incapacitated, this option shall be exercisable by his guardian or legal representative. Notwithstanding the foregoing, subject to approval by the Committee in its sole discretion, other than with respect to Incentive Stock Options, the Option is transferable by the Optionee to (ai) the spouse, children or grandchildren (including adopted and stepchildren and grandchildren) of the Optionee ("Immediate Family Members"), (bii) a trust or trusts for the exclusive benefit of such Immediate Family MembersMembers ("Immediate Family Member Trusts"), or (ciii) a partnership or partnerships in which such Immediate Family Members andhave at least ninety-nine percent (99%) of the equity, if applicable, the Optionee are the only partnersprofit and loss interests ("Immediate Family Member Partnerships"). Subsequent transfers of a transferred Option shall be prohibited except by will or the laws of descent and distribution, unless such transfers are made to the original Optionee or a person to whom the original Optionee could have made a transfer in the manner described herein. No transfer shall be effective unless and until written notice of such transfer is provided to the Committee, in the form and manner prescribed by the Committee. Following transfer, any the Option shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, and and, except as otherwise provided herein, the term "Optionee" shall be deemed to refer to the transferee. The consequences of termination of Service employment shall continue to be applied with respect to the original Optionee, following which the Options shall be exercisable by the transferee only to the extent and for the periods specified in the Plan and this Award Agreement. After the death of the Optionee, exercise of the Option shall be permitted only by the Optionee's executor or the personal representative of the Optionee's estate (or by his assignee, in the event of a permitted assignment) and only to the extent that the Option was exercisable on the date of the Optionee's death.
Appears in 1 contract
Samples: Nonqualified Stock Option Award Agreement (Lyondell Chemical Co)
Assignment of Option. The Optionee's rights (a) Subject to the provisions of Sections 9(b) and 10 hereof, options granted under this Plan may not be assigned voluntarily or involuntarily or by operation of law. Any attempt to transfer, assign, pledge, hypothecate or otherwise dispose of, or to subject to execution, attachment or similar process, any incentive stock option, or any right thereunder, contrary to the provisions hereof shall be void and ineffective, shall give no right to the purported transferee, and shall, at the sole discretion of the Committee, result in forfeiture of the option with respect to the shares involved in such attempt.
(b) Notwithstanding anything to the contrary contained in the terms of the Plan as in effect at any time prior to the date hereof and notwithstanding anything to the contrary contained in the terms of any statement, letter or other document or agreement setting forth the terms and conditions of any options previously issued pursuant to the terms of this Plan, any and all Non-Qualified Options (as defined in Section 13 hereof) previously issued to any officer of the Company (as defined in Rule 16a-1(f) issued under the Plan Securities and this Award Agreement are personal; no assignment or transfer Exchanged Act of 1934 (hereinafter an "Executive Officer")) pursuant to the terms of the Optionee's rights under and interest in this Option may be made by the Optionee other than by will or by the laws of descent and distribution or by a qualified domestic relations order; and this Option is exercisable during his lifetime only by the Optionee, or in the case of an Optionee who is mentally incapacitated, this option shall be exercisable by his guardian or legal representative. Notwithstanding the foregoingPlan and, subject to the approval by of the Committee Committee, any Non-Qualified Options which may be granted or issued to any Executive Officer of the Company at any time in its sole discretion, other than with respect the future pursuant to Incentive Stock Options, the Option is terms of the Plan shall be transferable by the Optionee Executive Officer to whom such Non-Qualified Options have been or are granted to: (ai) the spouse, children or grandchildren (including adopted and stepchildren and grandchildren) of the Optionee Executive Officer (hereinafter "Immediate Family Members"), ; (bii) a trust or trusts for the exclusive benefit of such Immediate Family Members, or ; (ciii) a partnership or partnerships limited liability company in which such Immediate Family Members and, if applicable, the Optionee are the only partners. Subsequent transfers of partners or members; or (iv) a transferred Option shall private foundation established by the Executive Officer; provided that (x) there may be prohibited except by will or the laws of descent and distribution, unless no consideration for any such transfers are made to the original Optionee or a person to whom the original Optionee could have made a transfer transfer; (y) in the manner described herein. No transfer shall case of Non-Qualified Options which may be effective unless granted in the future, the statement, letter or other document or agreement setting forth the terms and until written notice conditions of any such Non-Qualified Options must be approved by the Committee and must expressly provide for and limit the transferability of such transfer is provided Non- Qualified Options to the Committee, in the form and manner prescribed transfers which are permitted by the Committeeforegoing provisions of this Section 9(b); and (z) any subsequent transfer of transferred Non- Qualified Options shall, except for transfers occurring as a result of the death of the transferee as contemplated by Section 10(c), be prohibited. Following transferthe transfer of any Non-Qualified Options as permitted by the foregoing provisions of this Section 9(b), the Option any such transferred Non-Qualified Options shall continue to be subject to the same terms and conditions as were applicable to such Non-Qualified Options immediately prior to the transfer; provided that, and except as otherwise provided hereinfor purposes of this Plan, the term "Optionee" shall be deemed to refer to the transferee. The consequences Notwithstanding the foregoing, the events of termination of Service employment of Section 10 hereof shall continue to be applied with respect to the original Optionee for the purpose of determining whether or not the Non-Qualified Options shall be exercisable by the transferee and, upon termination of the original Optionee's employment, following which the Non-Qualified Options shall be exercisable by the transferee only to the extent and for the periods specified in the Plan and this Award Agreement. After the death of the Optionee, exercise of the Option shall be permitted only by the Optionee's executor or the personal representative of the Optionee's estate and only to the extent that the Option was exercisable on the date of the Optionee's deathSection 10 below.
Appears in 1 contract
Samples: Incentive Stock Option Plan (Mark Iv Industries Inc)
Assignment of Option. The Optionee's ’s rights under the Plan and this Award Agreement are personal; no assignment or transfer of the Optionee's ’s rights under and interest in this Option may be made by the Optionee other otherwise than by will or by the laws of descent and distribution or by a qualified domestic relations order; and this Option is exercisable during his lifetime only by the Optionee, or in the case of an Optionee who is mentally incapacitated, this option shall be exercisable by his guardian or legal representative. Notwithstanding the foregoing, subject to approval by the Committee in its sole discretion, other than with respect to Incentive Stock Options, the Option is transferable by the Optionee to (a) the spouse, parent, brother, sister, children or grandchildren (including adopted and stepchildren and grandchildren) of the Optionee ("“Immediate Family Members"”), (b) a trust or trusts for the exclusive benefit of such Immediate Family Members, or (c) a partnership or partnerships in which such Immediate Family Members andhave at least 99% of the equity, if applicable, the Optionee are the only partnersprofit and loss interests. Subsequent transfers of a transferred Option shall be prohibited except by will or the laws of descent and distribution, unless such transfers are made to the original Optionee or a person to whom the original Optionee could have made a transfer in the manner described herein. No transfer shall be effective unless and until written notice of such transfer is provided to the Committee, in the form and manner prescribed by the Committee. Following transfer, the Option shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, and and, except as otherwise provided herein, the term "“Optionee" ” shall be deemed to refer to the transferee. The consequences of termination of Service service as an Employee shall continue to be applied with respect to the original Optionee, following which the Options shall be exercisable by the transferee only to the extent and for the periods specified in the Plan and this Award Agreement. After the death of the Optionee, exercise of the Option shall be permitted only by the Optionee's ’s executor or the personal representative of the Optionee's ’s estate (or by his assignee, in the event of a permitted assignment) and only to the extent that the Option was exercisable on the date of the Optionee's ’s death.
Appears in 1 contract
Samples: Nonqualified Stock Option Award Agreement (Imperial Sugar Co /New/)
Assignment of Option. The Optionee's rights under the Plan and this Award Agreement are personal; no assignment or transfer of the Optionee's rights under and interest in this Option may be made by the Optionee other otherwise than by will or by the laws of descent and distribution or by a qualified domestic relations orderdistribution; and this Option is exercisable during his lifetime only by the Optionee, or in the case of an Optionee who is mentally incapacitated, this option shall be exercisable by his guardian or legal representative. Notwithstanding the foregoing, subject to approval by the Committee in its sole discretion, other than with respect to Incentive Stock Options, the Option is transferable by the Optionee to (ai) the spouse, children or grandchildren (including adopted and stepchildren and grandchildren) of the Optionee ("Immediate Family Members"), (bii) a trust or trusts for the exclusive benefit of such Immediate Family MembersMembers ("Immediate Family Member Trusts"), or (ciii) a partnership or partnerships in which such Immediate Family Members andhave at least ninety-nine percent (99%) of the equity, if applicable, the Optionee are the only partnersprofit and loss interests ("Immediate Family Member Partnerships"). Subsequent transfers of a transferred Option shall be prohibited except by will or the laws of descent and distribution, unless such transfers are made to the original Optionee or a person to whom the original Optionee could have made a transfer in the manner described herein. No transfer shall be effective unless and until written notice of such transfer is provided to the Committee, in the form and manner prescribed by the Committee. Following transfer, the Option shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, and and, except as otherwise provided herein, the term "Optionee" shall be deemed to refer to the transferee. The consequences of termination of Service employment shall continue to be applied with respect to the original Optionee, following which the Options shall be exercisable by the transferee only to the extent and for the periods specified in the Plan and this Award Agreement. After the death of the Optionee, exercise of the Option shall be permitted only by the Optionee's executor or the personal representative of the Optionee's estate (or by his assignee, in the event of a permitted assignment) and only to the extent that the Option was exercisable on the date of the Optionee's death.
Appears in 1 contract
Samples: Nonqualified Stock Option Award Agreement (Lyondell Chemical Co)
Assignment of Option. The Optionee's rights under the Plan and this Award Agreement are personal; no assignment or transfer of the Optionee's rights under and interest in this Option may be made by the Optionee other than by will or by the laws of descent and distribution or by a qualified domestic relations order; and this Option is exercisable during his lifetime only by the Optionee, or in the case of an Optionee optionee who is mentally incapacitated, this option Option shall be exercisable by his guardian or legal representative. Notwithstanding the foregoing, subject to approval by the Committee in its sole discretion, other than with respect to Incentive Stock Options, the Option is transferable by the Optionee to (a) the spouse, children or grandchildren (including adopted and stepchildren and grandchildren) of the Optionee ("Immediate Family Members"), (b) a trust or trusts for the exclusive benefit of such Immediate Family Members, or (c) a partnership or partnerships in which such Immediate Family Members and, if applicable, the Optionee are the only partners. Subsequent transfers of a transferred Option shall be prohibited except by will or the laws of descent and distribution, unless such transfers are made to the original Optionee or a person to whom the original Optionee could have made a transfer in the manner described herein. No transfer shall be effective unless and until written notice of such transfer is provided to the Committee, in the form and manner prescribed by the Committee. Following transfer, the Option shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, and except as otherwise provided herein, the term "Optionee" shall be deemed to refer to the transferee. The consequences of termination of Service shall continue to be applied with respect to the original Optionee, following which the Options shall be exercisable by the transferee only to the extent and for the periods specified in the Plan and this Award Agreement. After the death of the Optionee, unless the Option has been transferred as permitted above, exercise of the Option shall be permitted only by the Optionee's executor or the personal representative of the Optionee's estate (or by his assignee, in the event of a permitted assignment) and only to the extent that the Option was exercisable on the date of the Optionee's death.
Appears in 1 contract
Samples: Annual Director Award Agreement (Administaff Inc \De\)
Assignment of Option. The Optionee's Participant’s rights under the Plan and this Award Agreement are personal; no . No assignment or transfer of the Optionee's Participant’s rights under and interest in this Option may be made by the Optionee other Participant otherwise than by will or by the laws of descent and distribution or by a qualified domestic relations order; and this distribution. This Option is exercisable during his lifetime only by the OptioneeParticipant, or or, in the case of an Optionee a Participant who is mentally incapacitated, this option Option shall be exercisable by his guardian or legal representative. Notwithstanding the foregoing, subject to approval by the Committee in its sole discretion, other than with respect to Incentive Stock Options, the Option is transferable by the Optionee Participant to (ai) the spouse, children or grandchildren (including adopted and stepchildren and grandchildren) of the Optionee Participant ("“Immediate Family Members"”), (bii) a trust or trusts for the exclusive benefit of such Immediate Family Members, or (ciii) a partnership or partnerships in which such Immediate Family Members andhave at least ninety nine percent (99%) of the equity, if applicable, the Optionee are the only partnersprofit and loss interests. Subsequent transfers of a transferred Option shall be prohibited except by will or the laws of descent and distribution, unless such transfers are made to the original Optionee Participant or a person to whom the original Optionee Participant could have made a transfer in the manner described herein. No transfer shall be effective unless and until written notice of such transfer is provided to the Committee, in the form and manner prescribed by the Committee. Following transfer, the Option shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfertransfer and, and except as otherwise provided herein, the term "Optionee" “Participant” shall be deemed to refer to the transferee. The consequences of termination of Service Employment shall continue to be applied with respect to the original OptioneeParticipant, following which the Options shall be exercisable by the transferee only to the extent and for the periods specified in the Plan and this Award Agreement. After the death of the OptioneeParticipant, exercise of the Option shall be permitted only by the Optionee's Participant’s executor or the personal representative of the Optionee's Participant’s estate (or by his assignee, in the event of a permitted assignment) and only to the extent that the Option was exercisable on the date of the Optionee's Participant’s death.
Appears in 1 contract
Samples: Nonqualified Stock Option Award Agreement (LyondellBasell Industries N.V.)
Assignment of Option. The Optionee's ’s rights under the 2012 Incentive Plan and this Award Agreement are personal; no assignment or transfer of the Optionee's ’s rights under and interest in this Option may be made by the Optionee other than by will or by the laws of descent and distribution or by a qualified domestic relations order; and this Option is exercisable during his lifetime only by the Optionee, or in the case of an Optionee who is mentally incapacitated, this option Option shall be exercisable by his guardian or legal representative. Notwithstanding the foregoing, subject to approval by the Committee in its sole discretion, other than with respect to Incentive Stock Options, the Option is transferable by the Optionee to (a) the spouse, children or grandchildren (including adopted and stepchildren and grandchildren) of the Optionee ("“Immediate Family Members"”), (b) a trust or trusts for the exclusive benefit of such Immediate Family Members, or (c) a partnership or partnerships in which such Immediate Family Members and, if applicable, the Optionee are the only partners. Subsequent transfers of a transferred Option shall be prohibited except by will or the laws of descent and distribution, unless such transfers are made to the original Optionee or a person to whom the original Optionee could have made a transfer in the manner described herein. No transfer shall be effective unless and until written notice of such transfer is provided to the Committee, in the form and manner prescribed by the Committee. Following transfer, the Option shall continue to be subject to the same terms and conditions as were applicable immediately prior to transfer, and except as otherwise provided herein, the term "“Optionee" ” shall be deemed to refer to the transferee. The consequences of termination of Service shall continue to be applied with respect to the original Optionee, following which the Options shall be exercisable by the transferee only to the extent and for the periods specified in the Plan and this Award Agreement. After the death of the Optionee, unless the Option has been transferred as permitted above, exercise of the Option shall be permitted only by the Optionee's ’s executor or the personal representative of the Optionee's ’s estate (or by his assignee, in the event of a permitted assignment) and only to the extent that the Option was exercisable on the date of the Optionee's ’s death.
Appears in 1 contract
Samples: Annual Director Stock Option Award Agreement (Insperity, Inc.)