Death of Awardee. Notwithstanding the provisions of Section 4 above, in the event of the death of Awardee:
(a) If the Awardee was, at the time of death, in Continuous Status as an employee, the SUAs which would have vested during the twelve (12) months following the date of death of Awardee, set out in Schedule A, shall become vested as of the date of death.
(b) The Awardee’s rights in any unvested SUAs that remain after the application of Section 6(a) shall terminate at the time of the Awardee’s death.
Death of Awardee. Notwithstanding the provisions of Section 5 above, if Awardee is, at the time of death, in Continuous Status as a Participant, outstanding unvested Earned SAs shall become immediately vested.
Death of Awardee. Notwithstanding the provisions of Section 4 above, upon the death of the Awardee:
a. If the Awardee is, at the time of death, in Continuous Status as an Employee, the vesting date for the SAs, set out in Section 2(a) above, shall accelerate by twelve (12) months as of the date of death; and
b. The Awardee’s rights in any unvested SAs that remain after the application of Section 6(a) shall terminate at the time of the Awardee’s death.
Death of Awardee. If the Awardee dies while an Employee, all unvested Options shall immediately vest.
Death of Awardee. Notwithstanding the provisions of Section 5 above, in the event of the death of Awardee while in continuous status as a Participant, then: If the death of the Awardee occurs before the end of any full one-year vesting period, then no special vesting acceleration relating to death shall occur, and Awardee’s rights under this Award Agreement in any Awards shall terminate. The Awardee’s rights in any unvested Awards that remain unvested after the application of this Section 7 shall terminate at the time of the Awardee’s death.
Death of Awardee. Notwithstanding the provisions of Section 5 above, in the event of the death of Awardee while in Continuous Status as a Participant, then:
(1) If the death of the Awardee occurs before FY06, then no special vesting relating to death shall occur, and Awardee’s rights under this Award Agreement in any SPSAs shall terminate;
(2) If the death occurs during FY06, then Awardee shall vest in a number of SPSAs calculated by multiplying the target SPSAs by 0.33, rounded up to the nearest whole number; and
(3) If the death occurs after FY06, then the next vesting date for the SPSAs, set forth in Section 3(a) above, shall accelerate so that Awardee vests in any SPSAs that would normally vest within twelve (12) months of the date of death. The Awardee’s rights in any unvested SPSAs that remain unvested after the application of this Section 7 shall terminate at the time of the Awardee’s death.
Death of Awardee. In the event of the Awardee’s death, the identity of the owner of the Shares earned under this Agreement shall be determined in accordance with the terms of the Awardee’s will, or, if no valid will exists at the time of the Awardee’s death, the terms of the applicable laws of descent and distribution.
Death of Awardee. Any distribution or delivery to be made to Awardee under this Agreement will, if Awardee is then deceased, be made to Awardee’s designated beneficiary, or if no beneficiary survives Awardee, to Awardee’s estate. Any such transferee must furnish the Company with (i) written notice of his or her status as transferee and (ii) evidence satisfactory to the Company to establish the validity of the transfer and compliance with any laws or regulations pertaining to said transfer.
Death of Awardee. Unless otherwise provided for by the Administrator, if a Participant dies while a Service Provider, the Option may be exercised following the Participant’s death within such period as is specified in the Award Agreement to the extent that the Option is vested on the date of death (but in no event may the Option be exercised later than the expiration of the term of such Option as set forth in the Award Agreement), by the Participant’s designated beneficiary, provided such beneficiary has been designated before the Participant’s death in a form acceptable to the Administrator. Notwithstanding the foregoing, during any California Qualification Period, if the Participant dies before his or her Termination of Service, the Participant’s Option may be exercised by the Participant’s designated beneficiary (A) at any time on or before the date determined by the Administrator, which date shall be at least six months after the date of death (but in no event later than the expiration date of the term of his or her Option); and (B) only to the extent that the Participant was entitled to exercise the Option at the date of death. If no such beneficiary has been designated by the Participant, then such Option may be exercised by the personal representative of the Participant’s estate or by the person or persons to whom the Option is transferred pursuant to the Participant’s will or in accordance with the laws of descent and distribution. In the absence of a specified time in the Award Agreement, the Option will remain exercisable for twelve months following Participant’s death. Unless otherwise provided by the Administrator, if at the time of death Participant is not vested as to his or her entire Option, the Shares covered by the unvested portion of the Option will revert to the Plan. If the Option is not so exercised within the time specified herein, the Option will terminate, and the Shares covered by such Option will revert to the Plan.
Death of Awardee. All rights of the Awardee in this Option, to the extent that it has not been exercised, shall terminate upon the death of the Awardee, except as hereinafter provided. The Awardee may, by written notice to the company, designate one or more persons, including his or her legal representative, who shall by reason of the Awardee’s death acquire the right to exercise all or a portion of the Awardee’s Option. The person so designated must exercise the Option within the term of the Option as set forth in the Plan. The person designated to exercise the Option after the Awardee’s death shall be bound by the provisions of the Plan.
