Death Following Termination of Employment. Notwithstanding anything to the contrary contained in this Agreement, if Participant shall die at any time after the Termination of his or her Employment and prior to the Expiration Date, then (i) the portion of the Option that has not vested on or prior to the date of such death shall terminate on such date and (ii) the remaining vested portion of the Option shall terminate on the earlier of the Expiration Date or the first anniversary of the date of such death.
Death Following Termination of Employment. In the event Optionee dies after terminating employment but prior to the expiration of the applicable post-termination exercise period described in this Section above, then Optionee’s beneficiary(ies) designated pursuant to Section 10 below shall be entitled to exercise the Option for the longer of (i) one (1) year following the date of death, or (ii) the post-termination exercise period described in this Section above that was initially applicable to Optionee’s termination of employment. In such case, the Option may be exercised only to the extent it is then vested.
Death Following Termination of Employment. If the Executive dies following a Termination of Employment entitling him or her to benefits under the Plan but before benefits begin, the Bank shall pay to the Executive’s beneficiary the benefit described in this Section 3.2.
Death Following Termination of Employment. In the event the Executive dies following Termination of Employment, the Company shall pay the Beneficiary the same amounts at the same times as the Company would have paid the Executive had the Executive survived.
Death Following Termination of Employment. Notwithstanding anything to the contrary in this Option Agreement, if Optionee shall die at any time after the termination of his employment and prior to the earlier of the Expiration Date or the date the Option would terminate as to Shares for which it is then exercisable pursuant to clauses (a)(i) or (iii) above, then, notwithstanding clauses (a)(i) or (iii) above, to the extent that the Option was exercisable on the date of such death, the Option shall terminate on the earlier of the Expiration Date or the first anniversary of the date of such death.
Death Following Termination of Employment. Notwithstanding anything to the contrary in this Agreement in the case of an Award that is an Option, if Grantee shall die at any time after the Termination of Employment and prior to the date of termination of the applicable Award that is an Option pursuant to this Agreement, then the remaining vested but unexercised portion of the applicable Award shall terminate on the earlier of the Expiration Date or the first anniversary of the date of such death.
Death Following Termination of Employment. In the event Participant dies after terminating employment or service but prior to the expiration of the applicable post-termination exercise period described in subsection (b) or (c) above, then Participant’s beneficiary(ies) designated pursuant to Section 9 below shall be entitled to exercise the then-outstanding portion of the Option for a period of one (1) year following the date of death.
Death Following Termination of Employment. Notwithstanding anything herein to the contrary, in the event the Optionee dies following termination of Employment but prior to the expiration of the Option pursuant to this Section 3, the portion of the Option exercisable upon the Optionee’s death shall expire one year following the date of the Optionee’s death or, if earlier, upon the expiration of the Option Period.
Death Following Termination of Employment. If Grantee dies within the three (3) or twelve (12) month exercise periods following termination of employment, as applicable above, the Option shall continue to be exercisable for twelve (12) months following Grantee’s date of death.
Death Following Termination of Employment. Notwithstanding anything to the contrary in this Agreement, if Optionee shall die at any time after the Termination of his or her Employment or Status and prior to the Expiration Date, then the remaining vested but unexercised portion of the Option shall terminate on the earlier of the Expiration Date or the first anniversary of the date of such death. (d) Acceleration of Option Upon a Change of Control. The Committee, in its sole discretion, may accelerate the exercisability of the Option at any time and for any reason. In addition, the Option shall fully vest with respect to all Option Shares immediately prior to a Change of Control (as hereinafter defined), provided that no such vesting shall occur (A) in the case of a Change of Control of the type described in (ii) or (iii) below, if a two-thirds majority of the members of the Company's Board of Directors affirmatively recommends such Change of Control to the Company's stockholders, or (B) in the case of a Change of Control of the type described in (i) or (v) below, if a two-thirds majority of the Company's Board of Directors approves such Change of Control. A "Change of Control" shall mean the first to occur of the following events: (i) any date upon which the directors of the Company who were nominated by the Board of Directors for election as directors and/or were elected by the holders of the Cumulative Convertible Participating Preferred Stock of the Company cease to constitute a majority of the directors of the Company; (ii) a reorganization, merger or consolidation of the Company the consummation of which results in the outstanding securities of any class then subject to the Option being exchanged for or converted into cash, property and/or securities not issued by the Company, (iii) the acquisition of substantially all of the property and assets of the Company by any person or entity; (iv) the dissolution or liquidation of the Company; or (v) the date of the first public announcement that any person or entity, together with all Affiliates and Associates (as such capitalized terms are defined in Rule 12b-2 promulgated under the Exchange Act) of such person or entity, shall have become the Beneficial Owner (as defined in Rule 13d-3 promulgated under the Exchange Act) of voting securities of the Company representing 35% or more of the voting power of the Company; provided, however, that the terms "person" and "entity," as used in this subsection (v), shall not include (x) the Company, any of its s...
