Common use of Death of Optionee Clause in Contracts

Death of Optionee. In the event of the death of an Optionee during, or within a period specified in the Option after the Termination of Employment, the Option may be exercised (to the extent the Optionee was entitled to exercise the Option at the date of death) by executor or administrator of the Optionee’s estate or by a person who acquired the right to exercise the Option by bequest, but only within six (6) months following the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (Quality Systems Inc), Nonqualified Stock Option Agreement (Quality Systems Inc)

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Death of Optionee. In the event of the death of Optionee (a) during the term of this Option and while an Optionee duringEmployee or Consultant of the Company and having been in Continuous Service Status since the date of grant of the Option, or (b) within a period specified in the Option thirty (30) days after the Optionee’s Termination of EmploymentDate, the Option may be exercised (to the extent the Optionee was entitled to exercise the Option at any time within six months following the date of death) death by executor or administrator of the Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the date of death. If, after death, extent Optionee was entitled to exercise the Option is not exercised as set forth in this Section 5(c), of the Option shall terminateTermination Date.

Appears in 2 contracts

Samples: Stock Option Agreement (Ruckus Wireless Inc), Stock Option Agreement (Verisign Inc/Ca)

Death of Optionee. In the event of the death of Optionee (a) during the term of this Option and while an Optionee duringEmployee or Consultant of the Company and having been in Continuous Service Status since the date of grant of the Option, or (b) within a period specified in the Option thirty (30) days after the Optionee’s Termination of EmploymentDate, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) death by executor or administrator of the Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the date of death. If, after death, extent Optionee was vested in the Option is not exercised as set forth in this Section 5(c), of the Option shall terminateTermination Date.

Appears in 2 contracts

Samples: License Agreement (Orexigen Therapeutics, Inc.), License Agreement (Orexigen Therapeutics, Inc.)

Death of Optionee. In the event of termination of Optionee’s employment with the Company as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Paragraph I. below), by Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 2 contracts

Samples: Employee Stock Option Agreement, Employee Stock Option Agreement (Autobytel Inc)

Death of Optionee. In the event of termination of Optionee’s Service as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within two (to the extent the Optionee was entitled to exercise the Option at 2) years following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Paragraph I. below), by Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 2 contracts

Samples: Stock Option Agreement (Autobytel Inc), Stock Option Agreement (Autobytel Inc)

Death of Optionee. In the event of termination of Optionee's Continuous ----------------- Status as an Employee or Consultant as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Section k. below), by Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 2 contracts

Samples: Employment Agreement (Crossworlds Software Inc), Employment Agreement (Crossworlds Software Inc)

Death of Optionee. In the event of the death of Optionee (a) during the term of this Option and while an Optionee duringEmployee or Consultant of the Company and having been in Continuous Service Status since the date of grant of the Option, or (b) within a period specified in the Option thirty (30) days after the Optionee’s Termination of EmploymentDate, the Option may be exercised (to the extent the Optionee was entitled to exercise the Option at any time within six months following the date of death) death by executor or administrator of the Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the date of death. If, after death, extent Optionee was vested in the Option is not exercised as set forth in this Section 5(c), of the Option shall terminateTermination Date.

Appears in 2 contracts

Samples: Stock Option Agreement (SMTC Corp), Stock Option Agreement (SMTC Corp)

Death of Optionee. In the event of the death of Optionee (a) during the term of this Option and while an Optionee duringEmployee or Consultant of the Company and having been in Continuous Service Status since the date of grant of the Option, or (b) within a period specified in the Option thirty (30) days after the Optionee’s Termination of EmploymentDate, the Option may be exercised (to the extent the Optionee was entitled to exercise the Option at any time within twelve months following the date of death) death by executor or administrator of the Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the date of death. If, after death, extent Optionee was vested in the Option is not exercised as set forth in this Section 5(c), of the Option shall terminateTermination Date.

Appears in 2 contracts

Samples: Stock Option Agreement (Neothetics, Inc.), Stock Option Agreement (Neothetics, Inc.)

Death of Optionee. In the event of termination of Optionee's ----------------- continuous status as an employee as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee's death, the Option may only be exercised any time within six (to the extent the Optionee was entitled to exercise the Option at 6) months following the date of death) death by executor or administrator of the Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequest, but only within six (6) months following the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminatebequest or inheritance.

Appears in 1 contract

Samples: Stock Option Agreement (Prosofttraining Com)

Death of Optionee. In the event of the death of Optionee (a) during the term of this Option and while an Optionee duringEmployee of the Company and having been in Continuous Service Status since the date of grant of the Option, or (b) within a period specified in the Option thirty (30) days after the Optionee’s Termination of EmploymentDate, the Option may be exercised (to the extent the Optionee was entitled to exercise the Option at any time within twelve months following the date of death) death by executor or administrator of the Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the date of death. If, after death, extent Optionee was vested in the Option is not exercised as set forth in this Section 5(c), of the Option shall terminateTermination Date.

Appears in 1 contract

Samples: Stock Option Agreement (Synageva Biopharma Corp)

Death of Optionee. In the event of termination of Optionee’s Continuous Status as an Employee as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Section 10 below), by Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Agreement (Synplicity Inc)

Death of Optionee. In Notwithstanding the provisions of Section 7 above, in the event of termination of Optionee's service as an employee of the Company as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) , by executor or administrator of the Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could have exercised the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Option Agreement (Vitesse Semiconductor Corp)

Death of Optionee. In the event of termination of Optionee's Continuous ----------------- Status as an Employee or Consultant as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Section 11 below), by Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Agreement (Seagate Software Information Management Group Holdings Inc)

Death of Optionee. In the event of the death of Optionee (a) during the term of this Option and while an Optionee duringemployee, consultant or other service provider of the Company and having been in continuous service status since the date of grant of the Option, or (b) within a period specified in the Option three (3) months after the Optionee’s Termination of EmploymentDate, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) death by executor or administrator of the Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the date extent Optionee was vested in the Shares as of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminateTermination Date.

Appears in 1 contract

Samples: Retention Stock Option Agreement (Intellisync Corp)

Death of Optionee. In the event of termination of Optionee's Continuous Status as an Employee or Consultant as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Section J below), by Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Agreement (Applied Micro Circuits Corp)

Death of Optionee. In the event of the death of Optionee while Optionee is an Optionee during, or within a period specified in Employee of the Option after the Termination of EmploymentCompany, the Option may be exercised exercised, at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) , by executor or administrator of the Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Option was vested as of the date of death. If, after death, ; provided that in no event is the Option is not exercised as set forth in this Section 5(c), date of exercise beyond expiration of the Option shall terminateOption.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (SJNB Financial Corp)

Death of Optionee. In the event of termination of Optionee's Continuous ----------------- Status as an Employee or Consultant as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within six (to the extent the Optionee was entitled to exercise the Option at 6) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Section 10 below), by Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Agreement (Nassda Corp)

Death of Optionee. In the event of termination of Optionee's ----------------- Continuous Status as an Employee as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in the Notice of Grant), by Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Plan (Seagate Software Information Management Group Holdings Inc)

Death of Optionee. In If the event Optionee’s service to the Company terminates because of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee’s death, the Option may be exercised (to the extent the Optionee was entitled to exercise the Option at any time within 12 months following the date of deathdeath (but in no instance later than the Expiration Date specified in the Option Vesting Schedule of this Agreement) by executor or administrator of the Optionee’s estate or by a person who acquired the right to exercise the Option by bequest, but only within six bequest or inheritance (6) months following the date of death. If, after death, the Option is not exercised as set forth in this Section 5(ca “Successor”), the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Agreement (Fsi International Inc)

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Death of Optionee. In the event of termination of Optionee's employment ----------------- with the Company as a result of the death of an Optionee duringOptionee, or within a period specified in the Option after the Termination of Employment, the this Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) death (but in no event later than the Term/Expiration Date of this Option as set forth in the Notice of Grant), by executor or administrator of the Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Agreement (Xoom Inc)

Death of Optionee. In the event of termination of Optionee's continuous status as an employee or director of the Company as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Section 10 below), by Optionee’s estate or 's estate, by a person who acquired the right to exercise the Option by bequestbequest or inheritance, or by Optionee's legal representative on behalf of Optionee, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Employee/Director Stock Option Agreement (Auspex Systems Inc)

Death of Optionee. In the event of termination of Optionee's ----------------- employment with the Company as a result of the death of an Optionee duringOptionee, or within a period specified in the Option after the Termination of Employment, the this Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) death (but in no event later than the Term/Expiration Date of this Option as set forth in the Notice of Grant), by executor or administrator of the Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Agreement (Xoom Inc)

Death of Optionee. In the event of termination of Optionee’s Continuous Status as an Employee or Consultant as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within six (to the extent the Optionee was entitled to exercise the Option at 6) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Section 10 below), by Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Agreement (Omnivision Technologies Inc)

Death of Optionee. In the event of termination of Optionee’s employment with the Company as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Paragraph J below), by Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Employee Stock Option Agreement (Autobytel Inc)

Death of Optionee. In the event of termination of Optionee's Continuous Status as an Employee or Consultant as a result of the death of an Optionee duringOptionee, or the Option may, but only within a period specified twelve (12) months following the date of death (and in no event later than the date of expiration of the term of this Option as set forth in the Option after the Termination of EmploymentAgreement), the Option may be exercised (to the extent the Optionee was entitled to exercise the Option at the date of death) by executor or administrator of the Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent Optionee was vested at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Agreement (Broadcom Corp)

Death of Optionee. In the event of termination of Optionee's employment or service with the Company or any subsidiary thereof as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Paragraph I. below), by Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Option Agreement (Autobytel Inc)

Death of Optionee. In the event of termination of Optionee's employment with the Company as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of the Option) with respect to all shares subject to this Option Agreement whether vested or unvested, by Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequest, but only within six (6) months following the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminatebequest or inheritance.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Silicon Laboratories Inc)

Death of Optionee. In the event of termination of Optionee's -------------------- continuous status as an employee or Officer or Director of the death Company or its subsidiaries as a result of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee's death, the Option may only be exercised within six (to 6) months following the extent the Optionee was entitled to exercise the Option at earlier of the date of death) death or the date the Company's economical feasibility is confirmed by executor or administrator of the Optionee’s 's estate or by a person who acquired the right to exercise the Option by bequest, but only within six (6) months following the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminatebequest or inheritance.

Appears in 1 contract

Samples: Stock Option Agreement (Sangui Biotech International Inc)

Death of Optionee. In the event of termination of Optionee’s Service as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within three (to the extent the Optionee was entitled to exercise the Option at 3) years following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Paragraph I. below), by Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Agreement (Autobytel Inc)

Death of Optionee. In Notwithstanding the provisions of Paragraph E above, in the event of termination of Optionee’s employment with the Company as a result of the death of an Optionee during, or within a period specified in the Option after the Termination of EmploymentOptionee, the Option may be exercised at any time within twelve (to the extent the Optionee was entitled to exercise the Option at 12) months following the date of death) by executor or administrator death (but in no event later than the date of expiration of the term of this Option as set forth in Paragraph I below), by Optionee’s estate or by a person who acquired the right to exercise the Option by bequestbequest or inheritance, but only within six (6) months following to the extent the Optionee could exercise the Option at the date of death. If, after death, the Option is not exercised as set forth in this Section 5(c), the Option shall terminate.

Appears in 1 contract

Samples: Employee Stock Option Agreement (Autobytel Inc)

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