Death of Holder. If a Holder dies while still acting as a Director, --------------- Officer, Employee or Consultant, the Option may be exercised within such period of time as is specified in the Option Agreement, by the Holder's estate or by a person who acquires the right to exercise the Option by bequest or inheritance, but only to the extent that the Option is vested on the date of death. In the absence of a specified time in the Option Agreement, the Option shall remain exercisable for three (3) years following the Holder's death. If, at the time of death, the Holder is not vested as to his or her entire Option, the Class B Shares covered by the unvested portion of the Option shall immediately cease to be issuable under the Option and shall again become available for issuance under the Plan. The Option may be exercised by the executor or Board of the Holder's estate or, if none, by the person(s) entitled to exercise the Option under the Holder's will or the laws of descent or distribution. If the Option is not so exercised within the time specified herein, the Option shall terminate, and the Class B Shares covered by such Option shall again become available for issuance under the Plan.
Death of Holder. If a Holder dies and the Common Stock previously registered under the name of such Holder vests in or is transferable to any of the Holder’s heirs or legatees, then such heir or legatee (or its representative) shall within five (5) Business Days from such event notify the Company in writing thereof, and shall have the option of becoming a Holder under this Agreement by notifying the Company of its intention to retain all or a portion of such Common Stock and completing and executing an Adoption Agreement as referred to in Section 6.1, executing any required joinder and otherwise complying with the requirements set forth herein. In the event such written notice states that the heir or legatee does not intend to retain all of the Common Stock, or no such notice is delivered to the Company within the time required, all such heirs and legatees shall be deemed to have made an irrevocable “Offer” of such Common Stock to the Eligible Offerees for an amount per share equal to the Purchase Price, and the Company shall, within five (5) Business Days from receipt of such notice (or if no such notice is delivered to the Company, within five (5) Business Days from the Company’s receipt of evidence satisfactory to it, of any of the foregoing events) of such Offer deliver a written notice of the Offer to the Eligible Offerees stating that all such Common Stock are Securities Subject to the Offer pursuant to this Section 2.4. The date of such Offer shall be deemed to be the date on which such written notice is so delivered by the Company.
Death of Holder. Upon receipt of satisfactory evidence of the Holder’s death and provided a Survivor is the successor holder of the Account, the Trustee will continue to hold the Property for such successor holder as Holder of the Account.
(a) if the Holder has a designated beneficiary, the Account Proceeds will be paid or transferred to the designated beneficiary, subject to the Applicable Laws. The Trustee and the Agent will be fully discharged by such payment or transfer, even though any beneficiary designation made by the Holder may be invalid as a testamentary instrument or under the laws of the jurisdiction where the Holder is domiciled at death;
(b) if a trustee has been designated as beneficiary for the Account, the Agent and Trustee will be fully discharged by payment to the trustee without any obligation to see to the due execution of any trust imposed upon such trustee; and
(c) if the Holder’s designated beneficiary has died before the Holder or if the Holder has not designated a beneficiary or if the Holder has designated his or her “estate”, the Trustee will pay the Account Proceeds to the Holder’s estate upon receipt of the instructions from the Estate Representative and in accordance with Applicable Laws.
Death of Holder. Upon the Holder’s death, upon receipt of evidence satisfactory to the Trustee of such death and subject to the Tax Legislation, the Trustee shall dispose of the Assets in the Account, and after deducting any applicable tax, costs of such disposition, fees or any other amounts payable hereunder, the Trustee shall pay in a lump sum the net proceeds of such disposition to the Holder’s estate. Notwithstanding the foregoing, in cases permitted by the Tax Legislation, the Trustee may transfer the Assets in the Account to one or more persons entitled thereto. No such payment or transfer shall be made unless and until the Trustee receives releases and other documents as it may reasonably require.
Death of Holder. If the Holder dies and the Common Stock previously registered under the name of such Holder vests in or is transferable to any of the Holder’s heir or legatee, then such heir or legatee (or its representative) shall promptly notify the Company thereof in writing and shall have the option of becoming a Holder under this Agreement by notifying the Company of its intent to retain such Common Stock and completing and executing an Adoption Agreement as referred to in Section 6.1. In the event such written notice states that the heir or legatee does not intent to retain all of the Common Stock, all such heirs and legatees shall be deemed to have made an irrevocable “Offer” of such Common Stock to the Eligible Offerees and the Company shall, within five (5) business days after learning of such Offer deliver a written notice of the Offer to the Eligible Offerees stating that all such Common Stock are Securities Subject to the Offer pursuant to this Section 2.4. The date of such Offer shall be deemed to be the date on which such written notice is so delivered by the Company.
Death of Holder. If the Holder shall die while he is employed by --------------- the Company or one or more of its subsidiaries, the Option may be exercised in full by the Holder's successor at any time within one (1) year after the Holder's death, but not beyond the original term of the Option. If the Holder shall die within three (3) months after the termination of his employment other than for cause, then (a) the Option may be exercised by the Holder's successor (to the extent the Holder shall have been entitled to do so at the time of his death), and (b) the portion of the Option that has not vested as of the date of the Holder's death shall automatically terminate.
Death of Holder. If the Holder dies while employed by the Company, this Option may be exercised, to the extent otherwise exercisable on the date of his death, by the Holder’s estate, personal representative or beneficiary to whom this Option has been assigned pursuant to Section 10(a), at any time within 180 days after the date of death, but not later than the scheduled expiration date.
Death of Holder. If Holder ceases to be a Service Provider as a result of the death of Xxxxxx, vested options may be exercised by Xxxxxx’s estate or by the person who acquires the right to exercise the Options by bequest or inheritance for the period set forth in Section 6.
Death of Holder. If Holder dies during the Exercise Period, the Options may be exercised prior to the Expiration Date by Xxxxxx’s estate or by the person who acquires the right to exercise the Options by bequest or inheritance.
Death of Holder. If Xxxxxx’s Continuous Service terminates as a result of Xxxxxx’s death, or if Holder dies during the exercise periods set forth in Section 6(b) above, the Holder’s estate or a person who acquired the right to exercise this Warrant by bequest or inheritance may exercise this Warrant, but only as to the Vested Shares at the date of such termination and only within twelve (12) months following the date of death (but in no event later than the Expiration Date), and only to the extent that the Holder was entitled to exercise it at the date of death. To the extent that Xxxxxx was not entitled to exercise this Warrant at the date of death, and to the extent that the Holder’s estate or a person who acquired the right to exercise this Warrant does not exercise this Warrant (to the extent otherwise so entitled) within the time specified herein, this Warrant shall terminate. This Warrant shall expire immediately with respect to the number of Shares that are not Vested Shares on the date of such termination.
