Common use of Death of Optionee; No Assignment Clause in Contracts

Death of Optionee; No Assignment. The rights of Optionee under this Agreement may not be assigned or transferred except by will, by the laws of descent or distribution or inter vivos to a trust for the benefit of Optionee or Optionee and Optionee's spouse and may be exercised during the lifetime of Optionee only by such Optionee; provided, however, that in the event of disability (within the meaning of Section 105 (d) (4) of the Internal Revenue Code of 1986, as amended) of Optionee, a designee of Optionee (or the Optionee's legal representative if Optionee has not designated anyone) may exercise the Option on behalf of Optionee (provided the Option would have been exercisable by Optionee) until the right to exercise the Option expires pursuant to Section 3 hereof. Any attempt to sell, pledge, assign, hypothecate, transfer or otherwise dispose of the Option in contravention of this Agreement or the Plan shall be void and shall have no effect. If Optionee should die while Optionee is engaged in an employment or consulting relationship with the Company and/or any Subsidiary or Related Entity, and provided Optionee's rights hereunder shall have vested, in whole or in part, pursuant to Section 2 hereof,

Appears in 2 contracts

Samples: Unit Option Agreement (Horseshoe Gaming LLC), Unit Option Agreement (Horseshoe Gaming LLC)

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Death of Optionee; No Assignment. The rights of Optionee under this Agreement may not be assigned or transferred except by will, by the laws of descent or distribution or inter vivos to a trust for the benefit of Optionee or Optionee and Optionee's spouse and may be exercised during the lifetime of Optionee only by such Optionee; provided, however, that in the event of disability (within the meaning of Section 105 (d) (4) of the Internal Revenue Code of 1986, as amended) of Optionee, a designee of Optionee (or the Optionee's legal representative if Optionee has not designated anyone) may exercise the Option on behalf of Optionee (provided the Option would have been exercisable by Optionee) until the right to exercise the Option expires pursuant to Section 3 hereof. Any attempt to sell, pledge, assign, hypothecate, transfer or otherwise dispose of the Option in contravention of this Agreement or the Plan shall be void and shall have no effect. If Optionee should die while Optionee is engaged in an employment or consulting relationship with the Company and/or any Subsidiary or Related Entity, and provided Optionee's rights hereunder shall have vested, in whole or in part, pursuant to Section 2 hereof,, Optionee's, designee, legal representative, or legatee, the successor trustee of Optionee's inter 2

Appears in 1 contract

Samples: Unit Option Agreement (Horseshoe Gaming LLC)

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Death of Optionee; No Assignment. The rights of Optionee under this Agreement may not be assigned or transferred except by will, by the laws of descent or distribution or inter vivos to a trust for the benefit of Optionee or Optionee and Optionee's spouse and may be exercised during the lifetime of Optionee only by such Optionee; provided, however, that in the event of disability (within the meaning of Section 105 (d) (4) of the Internal Revenue Code of 1986, as amended) of Optionee, a designee of Optionee (or the Optionee's legal representative if Optionee has not designated anyone) may exercise the Option on behalf of Optionee (provided the Option would have been exercisable by Optionee) until the right to exercise the Option expires pursuant to Section 3 hereof. Any attempt to sell, pledge, assign, hypothecate, transfer or otherwise dispose of the Option in contravention of this Agreement or the Plan shall be void and shall have no effect. If Optionee should die while Optionee is engaged in an employment or consulting relationship with the Company and/or any Subsidiary or Related Entity, and provided Optionee's rights hereunder shall have vested, in whole or in part, pursuant to Section 2 hereof,provided

Appears in 1 contract

Samples: Unit Option Agreement (Horseshoe Gaming LLC)

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