Common use of Death Disability Dissolution Clause in Contracts

Death Disability Dissolution. If the Optionee is a natural person who dies while involved in a Business Relationship with the Corporation, this option may be exercised, to the extent otherwise exercisable on the date of his death, by his estate, personal representative or beneficiary to whom this option has been assigned pursuant to Section 10, at any time within 180 days after the date of death, but not later than the scheduled expiration date. If the Optionee is a natural person whose Business Relationship with the Corporation is terminated by reason of his disability (as defined in the Plan), this option may be exercised, to the extent otherwise exercisable on the date the Business Relationship was terminated, at any time within 180 days after the date of such termination, but not later than the scheduled expiration date. At the expiration of such 180-day period or the scheduled expiration date, whichever is the earlier, this option shall terminate and the only rights hereunder shall be those as to which the option was properly exercised before such termination. If the Optionee is a corporation, partnership, trust or other entity that is dissolved, liquidated, becomes subject to a voluntary or involuntary bankruptcy proceeding, has a receiver appointed for all or a substantial portion of its property or enters into a merger or acquisition with respect to which such optionee is not the surviving entity at the time when such entity is involved in a Business Relationship with the Corporation, this Option shall immediately terminate as of the date of such event, and the only rights hereunder shall be those as to which this option was properly exercised before such dissolution or other event.

Appears in 3 contracts

Samples: Incentive and/or Non Qualified Stock Option Agreement (Eclipsys Corp), Consulting Agreement (Acusphere Inc), Incentive Stock Option Agreement (Acusphere Inc)

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Death Disability Dissolution. (a) If the Optionee is a natural person who dies while involved in a Business Relationship with the CorporationCompany, this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised it on the date of his death, by his estate, personal representative or beneficiary to whom this option has been assigned pursuant to Section 109, at any time within 180 days after the date of death, but not later than the scheduled expiration date. At the expiration of such 180-day period or the scheduled expiration date, whichever is the earlier, this option shall terminate and the only rights hereunder shall be those as to which the option was properly exercised before such termination. (b) If the Optionee is a natural person whose Business Relationship with the Corporation Company is terminated by reason of his disability (as defined in the Plan)disability, this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised it on the date the Business Relationship was terminated, at any time within 180 days after the date of such termination, but not later than the scheduled expiration date. At the expiration of such 180-day period or the scheduled expiration date, whichever is the earlier, this option shall terminate and the only rights hereunder shall be those as to which the option was properly exercised before such termination. For the purposes of this Agreement, the term "disability" shall mean "permanent and total disability" as defined in Section 22(e)(3) of the Internal Revenue Code of 1986, as amended, or a successor statute. If the Optionee is a corporation, partnership, trust or other entity that is dissolved, liquidated, becomes subject to a voluntary or involuntary bankruptcy proceeding, has a receiver appointed for all or a substantial portion of its property insolvent or enters into a merger or acquisition with respect to which such optionee Optionee is not the surviving entity at the time when such entity is involved in a Business Relationship with the CorporationCompany, this Option shall immediately terminate as of the date of such event, and the only rights hereunder shall be those as to which this option was properly exercised before such dissolution or other event.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Peregrine Systems Inc), Non Qualified Stock Option Agreement (Peregrine Systems Inc)

Death Disability Dissolution. If the Optionee is a natural person who dies while involved in a Business Relationship with the Company or Related Corporation, this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised it on the date of his the Optionee's death, by his estate, personal representative or beneficiary to whom this option has been assigned pursuant to Section 10Article 9, at any time within 180 days after the date of death, but not later than the scheduled expiration date. If the Optionee is a natural person whose Business Relationship with the Company or Related Corporation is terminated by reason of his disability (as defined in the Plan), this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised it on the date the Business Relationship was terminated, at any time within 180 days after the date of such termination, but not later than the scheduled expiration date. At the expiration of such 180-day period or the scheduled expiration date, whichever is the earlier, this option shall terminate and the only rights hereunder shall be those as to which the option was properly exercised before such termination. If the Optionee is a corporation, partnership, trust or other entity that is dissolved, liquidated, becomes subject to a voluntary or involuntary bankruptcy proceeding, has a receiver appointed for all or a substantial portion of its property insolvent or enters into a merger or acquisition with respect to which such optionee is not the surviving entity at the time when such entity is involved in a Business Relationship with the Company or Related Corporation, this Option shall immediately terminate as of the date of such event, and the only rights hereunder shall be those as to which this option was properly exercised before such dissolution or other event.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Endogen Inc)

Death Disability Dissolution. If the Optionee is a natural person who dies while involved in a Business Relationship with the CorporationCompany, this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised on the date of his the Optionee's death, by his the Optionee's estate, personal representative or beneficiary to whom this option has been assigned pursuant to Section 1010 below, at any time within 180 days one (1) year after the date of death, but not later than the scheduled expiration datedate of this option. If the Optionee is a natural person whose Business Relationship with the Corporation Company is terminated by reason of his Optionee's disability (as that term is defined in the Plan), this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised on the date the Business Relationship was terminated, at any time within 180 days one (1) year after the date of such termination, but not later than the scheduled expiration datedate of this option. At the expiration of such 180-day one year period or the scheduled expiration datedate of this option, whichever is the earlier, this option shall terminate and the only rights hereunder shall be those as to which the option was properly exercised before such termination. If the Optionee is a corporation, partnership, trust or other entity that is dissolved, liquidated, becomes subject to a voluntary or involuntary bankruptcy proceeding, has a receiver appointed for all or a substantial portion of its property insolvent or enters into a merger or acquisition with respect to which such optionee Optionee is not the surviving entity at the time when such entity is involved in a Business Relationship with the CorporationCompany, this Option option shall immediately terminate as of the date of such event, and the only rights hereunder shall be those as to which this option was properly exercised before such dissolution or other event.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Biomune Systems Inc)

Death Disability Dissolution. If the Optionee is a natural person who dies while involved in a Business Relationship with the CorporationCompany, this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised it on the date of his death, by his estate, personal representative or beneficiary to whom this option has been assigned pursuant to Section Article 10, at any time within 180 days after the date of death, but not later than the scheduled expiration date. If the Optionee is a natural person whose Business Relationship with the Corporation Company is terminated by reason of his disability (as defined in the Plan), this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised it on the date the Business Relationship was terminated, at any time within 180 days after the date of such termination, but not later than the scheduled expiration date. At the expiration of such 180-day period or the scheduled expiration date, whichever is the earlier, this option shall terminate and the only rights hereunder shall be those as to which the option was properly exercised before such termination. If the Optionee is a corporation, partnership, trust or other entity that is dissolved, liquidated, becomes subject to a voluntary or involuntary bankruptcy proceeding, has a receiver appointed for all or a substantial portion of its property or enters into a merger or acquisition with respect to which such optionee is not the surviving entity at the time when such entity is involved in a Business Relationship with the CorporationCompany, this Option shall immediately terminate as of the date of such event, and the only rights hereunder shall be those as to which this option was properly exercised before such dissolution or other event. This Article 5 does not affect the rights of an Optionee who did not have a Business Relationship with the Company at the date hereof.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Cisco Systems Inc)

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Death Disability Dissolution. If the Optionee is a natural person who dies while involved in a Business Relationship with the CorporationCompany, this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised it on the date of his death, by his estate, personal representative or beneficiary to whom this option has been assigned pursuant to Section 10Article 9, at any time within 180 days after the date of death, but not later than the scheduled expiration date. If the Optionee is a natural person whose Business Relationship with the Corporation he Company is terminated by reason of his disability (as defined in the Plan), this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised it on the date the Business Relationship was terminated, at any time within 180 days after the date of such termination, but not later than the scheduled expiration date. At the expiration of such 180-180 day period or the scheduled expiration date, whichever is the earlier, this option shall terminate and the only rights hereunder shall be those as to which the option was properly exercised before such termination. If the Optionee is a corporation, partnership, trust or other entity that is dissolved, liquidated, becomes subject to a voluntary or involuntary bankruptcy proceeding, has a receiver appointed for all or a substantial portion of its property insolvent or enters into a merger or acquisition with respect to which such optionee Optionee is not the surviving entity at the time when such entity is involved in a Business Relationship with the CorporationCompany, this Option option shall immediately terminate as of the date of such event, and the only rights hereunder shall be those as to which this option was properly exercised before such dissolution or other event.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Sybase Inc)

Death Disability Dissolution. If the Optionee is a natural person who dies while involved in a Business Relationship with the CorporationCompany, this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised on the date of his the Optionee's death, by his the Optionee's estate, personal representative or beneficiary to whom this option has been assigned pursuant any time, CRA shall account for, and return to Section 10Client all papers containing any such confidential information below, at any time within 180 days one (1) year after the date of death, but not later than the scheduled expiration datedate of this option. If the Optionee is a natural person whose Business Relationship with the Corporation Company is terminated by reason of his Optionee's disability (as that term is defined in the Plan), this option may be exercised, to the extent otherwise exercisable of the number of shares with respect to which the Optionee could have exercised this option on the date the Business Relationship was terminated, at any time within 180 days one (1) year after the date of such termination, but not later than the scheduled expiration datedate of this option. At the expiration of such 180-day one year period or the scheduled expiration date, whichever is the earlier, this option shall terminate and the only rights hereunder shall be those as to which the option was properly exercised before such termination. If the Optionee is a corporation, partnership, trust or other entity that is dissolved, liquidated, becomes subject to a voluntary or involuntary bankruptcy proceeding, has a receiver appointed for all or a substantial portion of its property insolvent or enters into a merger or acquisition with respect to which such optionee Optionee is not the surviving entity at the time when such entity is involved in a Business Relationship with the CorporationCompany, this Option option shall immediately terminate as of the date of such event, and the only rights hereunder shall be those as to which this option was properly exercised before such dissolution or other event.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Biomune Systems Inc)

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