Common use of CUMULATIVE NATURE OF EXERCISE SCHEDULE Clause in Contracts

CUMULATIVE NATURE OF EXERCISE SCHEDULE. The exercise dates specified above refer to the earliest dates on which the Option may be exercised with respect to the stated number of shares of the Common Stock covered by this Option and this Option may be exercised with respect to all or any part of any such number of the total shares at any time on or after such dates (until the expiration date specified in Section 2 above or any earlier termination of this Option pursuant to Section 6 or 7.2 of this Agreement). Except as permitted in Section 6, the Employee must be and remain in the employ of the Company, or of any Parent corporation or Subsidiary corporation of the Company (as defined in Internal Revenue Code Sections 424(e) and (f)), during the entire period commencing with the Date of Grant of this Option and ending with each of the periods appearing in the above schedule in order to exercise this Option with respect to the shares applicable to any such period. Except as otherwise expressly provided in this Agreement, the Employee's employment shall be deemed to have terminated upon an actual termination of employment and upon such Parent corporation or Subsidiary corporation of the Company ceasing to have such relationship with the Company. Any references in this Agreement to the Employee's employment with the Company shall be deemed to also refer to the Employee's employment with any Parent corporation or Subsidiary corporation of the Company, as applicable.

Appears in 2 contracts

Samples: Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp)

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CUMULATIVE NATURE OF EXERCISE SCHEDULE. The exercise dates specified above refer to the earliest dates on which the Option may be exercised with respect to the stated number of shares of the Common Stock covered by this Option and this Option may be exercised with respect to all or any part of any such number of the total shares at any time on or after such dates (until the expiration date specified in Section 2 above or any earlier termination of this Option pursuant to Section 6 or 7.2 of this Agreement). Except as permitted in Section 6, as a condition to exercise of this Option the Employee must be and remain in the employ of the Company, or of any Parent corporation or Subsidiary corporation of the Company (as defined in Internal Revenue Code Sections 424(e) and (f)), during the entire period commencing with the Date of Grant of this Option and ending with each the date of the periods appearing in the above schedule in order to exercise of this Option with respect to the shares applicable to any such periodOption. Except as otherwise expressly provided in this Agreement, the Employee's employment shall be deemed to have terminated upon an actual termination of employment and upon such Parent corporation or Subsidiary corporation of the Company ceasing to have such relationship with the Company. Any references in this Agreement to the Employee's employment with the Company shall be deemed to also refer to the Employee's employment with any Parent corporation or Subsidiary corporation of the Company, as applicable.

Appears in 2 contracts

Samples: Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp)

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CUMULATIVE NATURE OF EXERCISE SCHEDULE. The exercise dates specified above refer to the earliest dates on which the Option may be exercised with respect to the stated number of shares percentages of the Common Stock covered by this Option and this Option may be exercised with respect to all or any part of any such number percentage of the total shares at any time on or after such dates (until the expiration date specified in Section 2 above or any earlier termination of this Option pursuant to Section 6 or 7.2 of this Agreement). Except as permitted in Section 6, the Employee must be and remain in the employ of the Company, or of any Parent corporation or Subsidiary corporation of the Company (as defined in Internal Revenue Code Sections 424(e) and (f)), during the entire period commencing with the Date of Grant of this Option and ending with each of the periods appearing in the above schedule in order to exercise this Option with respect to the shares applicable to any such period. Except as otherwise expressly provided in this Agreement, the Employee's employment shall be deemed to have terminated upon an actual termination of employment and upon such Parent corporation or Subsidiary corporation of the Company ceasing to have such relationship with the Company. Any references in this Agreement to the Employee's employment with the Company shall be deemed to also refer to the Employee's employment with any Parent corporation or Subsidiary corporation of the Company, as applicable.

Appears in 1 contract

Samples: Employment Agreement (Smartdisk Corp)

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