Common use of Disability of Optionee Clause in Contracts

Disability of Optionee. Notwithstanding the provisions of Section 6 above, if the Optionee is unable to continue as a Service Provider as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Code), the Optionee may, but only within six (6) months from the date of termination, exercise this Option to the extent the Optionee was entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this Option at the date of termination, and to the extent the Optionee does not exercise this Option within the time specified herein, the Option shall terminate.

Appears in 2 contracts

Samples: Director's Stock Option Agreement (Mips Technologies Inc), Director's Stock Option Agreement (Mips Technologies Inc)

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Disability of Optionee. Notwithstanding the provisions of Section 6 above, if the Optionee is unable ceases to continue as be a Service Provider as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Code)Disability, the Optionee may, but only within six (6) months from the date of terminationtermination of employment, exercise this his or her Option to the extent the Optionee was entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this the Option at the date of termination, and to the extent the or if Optionee does not exercise this such Option (which Optionee was entitled to exercise) within the time specified herein, the Option shall terminate.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Agreement (Linear Technology Corp /Ca/), Nonstatutory Stock Option Agreement (Linear Technology Corp /Ca/)

Disability of Optionee. Notwithstanding the provisions of Section Paragraph 6 above, if in the Optionee is unable to continue as a event of termination of an Optionee’s Service Provider as a result of the Optionee's total his or her Total and permanent disability (as defined in Section 22(e)(3) of the Code)Permanent Disability, the Optionee may, but only within six (6) months from the date of terminationsuch termination (and in no event later than the Expiration Date), exercise this the Option to the extent the Optionee was otherwise entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this the Option at the date of terminationExpiration Date, and to the extent the or if Optionee does not exercise this such Option to the extent so entitled within the time specified herein, the Option shall terminate, and the Shares covered by such Option shall revert to the Plan.

Appears in 2 contracts

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

Disability of Optionee. Notwithstanding the provisions of Section 6 7 above, if in the Optionee is unable to continue event Optionee's Continuous Status as a Service Provider an Employee or Consultant terminates as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Code), the Optionee may, but only within six (6) months from the date of terminationtermination of employment or consultancy (but in no event later than the date of expiration of the term of this Option as set forth in Section 11 below), exercise this the Option to the extent the Optionee was otherwise so entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this the Option at the date of termination, and to the extent the or if Optionee does not exercise this such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 2 contracts

Samples: Stock Option Agreement (Cadence Design Systems Inc), Stock Option Agreement (Adaptec Inc)

Disability of Optionee. Notwithstanding the provisions of Section 6 above, if in the Optionee is unable to continue event of termination of Optionee's Continuous Status as a Service Provider an Employee or Consultant as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Code), the Optionee may, but only within six (6) months from the date of terminationtermination of employment (but in no event later than the date of expiration of the term of this Option as set forth in Section 10 below), exercise this the Option to the extent the Optionee was otherwise so entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this the Option at the date of termination, and to the extent the or if Optionee does not exercise this such Option (to the extent otherwise so entitled) within the time specified hereinin this Agreement, the Option shall terminate.

Appears in 2 contracts

Samples: Stock Option Agreement (Vertel Corp), Stock Option Agreement (Angiotech Pharmaceuticals Inc)

Disability of Optionee. Notwithstanding the provisions of Section 6 above, if in the Optionee is unable to continue event of termination of Optionee's Continuous Status as a Service Provider an Employee or Consultant as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Code), the Optionee may, but only within six twelve (612) months from the date of terminationtermination of employment (but in no event later than the date of expiration of the term of this Option as set forth in Section 10 below), exercise this the Option to the extent the Optionee was otherwise so entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this the Option at the date of termination, and to the extent the or if Optionee does not exercise this such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 2 contracts

Samples: Stock Option Agreement (Earthshell Container Corp), Stock Option Agreement (Diva Systems Corp)

Disability of Optionee. Notwithstanding the provisions of Section 6 above, if in the Optionee is unable to continue event of termination of Optionee’s Continuous Status as a Service Provider an Employee or Consultant as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Code), the Optionee may, but only within six (6) months from the date of terminationtermination of employment (but in no event later than the date of expiration of the term of this Option as set forth in Section 10 below), exercise this the Option to the extent the Optionee was otherwise so entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this the Option at the date of termination, and to the extent the or if Optionee does not exercise this such Option (to the extent otherwise so entitled) within the time specified hereinin this Agreement, the Option shall terminate.

Appears in 2 contracts

Samples: Stock Option Agreement (Brio Software Inc), Stock Option Agreement (Brio Software Inc)

Disability of Optionee. Notwithstanding the provisions of Section 6 above, if in the Optionee is unable to continue as a Service Provider event of termination of an Optionee's employment with the Company as a result of the Optionee's his or her permanent and total and permanent disability (disability, as defined in by Section 22(e)(3) of the CodeCode ("DISABILITY"), the Optionee may, but only within six twelve (612) months from the Termination Date (and in no event later than the expiration date of terminationthe term of the Option), exercise this the Option to the extent the Optionee was otherwise entitled to exercise it at on the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expiredTermination Date. To the extent that the Optionee was not entitled to exercise this the Option at on the date of terminationTermination Date, and to the extent the or if Optionee does not exercise this such Option to the extent so entitled within the time specified herein, the Option shall terminate.

Appears in 1 contract

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

Disability of Optionee. Notwithstanding the provisions of in Section 6 above, ----------------------- if the Optionee is unable to continue as a Service Provider his service with the Company as a result of the Optionee's his total and permanent disability (as defined in Section 22(e)(3) of the Code), the Optionee may, but only within six (6) months from the date of terminationcessation of service, exercise this Option to the extent the Optionee was entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this the Option at the date of termination, and to the extent the or if Optionee does not exercise this such Option (which he was entitled to exercise) within the time specified herein, the Option shall terminate.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (American Medical Response Inc)

Disability of Optionee. Notwithstanding the provisions of Section 6 above, if in the Optionee is unable to continue event of termination of the Optionee’s continuous status as an Employee of the Company, its Parent, or a Service Provider Subsidiary as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Code)Disability, the Optionee may, but only within six twelve (612) months from the Termination Date due to Disability (but in no event later than the date of terminationexpiration of the term of this Option as set forth in Section 10 below), exercise this the Option to the extent the Optionee was otherwise so entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expiredTermination Date. To the extent that the Optionee was not entitled to exercise this the Option at the date of terminationTermination Date, and to the extent or if the Optionee does not exercise this such Option (to the extent otherwise so entitled) within the time specified hereinin this Agreement, the Option shall terminate.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Vaughan Foods, Inc.)

Disability of Optionee. Notwithstanding the provisions of Section 6 above, if in the Optionee is unable to continue event of termination of Optionee’s Continuous Status as a Service Provider an Employee or Consultant as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Code), the Optionee may, but only within six twelve (612) months from the date of terminationtermination of employment (but in no event later than the date of expiration of the term of this Option as set forth in Section 10 below), exercise this the Option to the extent the Optionee was otherwise so entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this the Option at the date of termination, and to the extent the or if Optionee does not exercise this such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 1 contract

Samples: Stock Option Agreement (Peregrine Semiconductor Corp)

Disability of Optionee. Notwithstanding the provisions of Section 6 5 ---------------------- above, if in the Optionee is unable to continue as a Service Provider event of termination of Optionee's employment or service with the Company as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Code)Disability, the Optionee may, but only within six twelve (612) months from the date of terminationsuch termination (but in no event later than the expiration date of the term of such Option as set forth in Section 9 below), exercise this the Option to the extent the Optionee was otherwise entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this Option at the date of such termination, and to the extent the or if Optionee does not exercise this Option within the time specified herein, the Option shall terminate.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Openwave Systems Inc)

Disability of Optionee. Notwithstanding the provisions of Section 6 above, if in the Optionee is unable to continue as a Service Provider event of termination of Optionee's employment or consulting relationship with the Company as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Internal Revenue Code), the Optionee may, but only within six five (65) months years from the date of terminationtermination of such relationship (but in no event later than the date of expiration of the term of this Option as set forth in Section 10 below), exercise this the Option to the extent the Optionee was otherwise so entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this the Option at the date of termination, and to the extent the or if Optionee does not exercise this such Option (to the extent otherwise so entitled) within the time specified hereinin this Agreement, the Option shall terminate.

Appears in 1 contract

Samples: Management Contract (Centura Software Corp)

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Disability of Optionee. Notwithstanding In the provisions of Section 6 above, if the Optionee is unable to continue event Optionee's Continuous Status as ---------------------- a Service Provider Director terminates as a result of the Optionee's his total and permanent disability (as defined in Section 22(e)(3) of the Code), the Optionee maymay exercise his or her Option, but only within six (6) months from the date of termination, exercise this Option and only to the extent that the Optionee was entitled to exercise it at the date of such termination. Notwithstanding the foregoing, termination (but in no event may later than the Option be exercised after date of expiration of its term has expiredfive-year term). To the extent that the Optionee was not entitled to exercise this Option at the date of termination, and to the extent the Optionee does not exercise this Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 1 contract

Samples: Director Stock Option Agreement (Powerwave Technologies Inc)

Disability of Optionee. Notwithstanding the provisions of Section 6 above, if Optionee’s Service with the Optionee is unable to continue as Company (or a Service Provider Related Entity) terminates as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Code)a Disability, the Optionee may, but only within six (6) months from the date of terminationtermination of Service, exercise this the Option to the extent the Optionee was entitled to exercise it at the date of such termination. Notwithstanding the foregoing, termination of Service and in no event may beyond the Option be exercised after its term has expiredExpiration Date. To the extent that the Shares had not vested or Optionee was not entitled to exercise this the Option at the date of terminationtermination of Service, and to the extent the or if Optionee does not exercise this Option within the time specified herein, the Option shall terminatebe cancelled by the Company.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Lam Research Corp)

Disability of Optionee. Notwithstanding the provisions of Section 6 6, above, if the Optionee is unable to continue as a Service Provider his/her employment relationship with the Company as a result of the Optionee's his/her total and permanent disability (as defined in Section 22(e)(3) of the Code), the Optionee mayoptionee may exercise his/her option, but only within six (6) months from after the date optionee ceases to be an Employee of the Company and only to the extent of the right to exercise that would have accrued in accordance with Section 3(i)(b) hereof had Optionee remained in Continuous Status as an employee for 12 months after the date of such termination, exercise this Option to . To the extent the that Optionee was not entitled to exercise it the option at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this Option at the date of termination, and to the extent the or if Optionee does not exercise this Option the option within the time specified herein, the Option option shall terminate.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Sun Microsystems Inc)

Disability of Optionee. Notwithstanding the provisions of Section 6 above, if in the Optionee is unable to continue event of termination of Optionee's continuous status as a Service Provider an employee or director of the Company as a result of the Optionee's total and permanent disability (as defined in Section 22(e)(3) of the Code), the Optionee may, but only within six twelve (612) months from the date of terminationtermination of employment (but in no event later than the date of expiration of the term of this Option as set forth in Section 10 below), exercise this the Option to the extent the Optionee was otherwise so entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this the Option at the date of termination, and to the extent the or if Optionee does not exercise this such Option (to the extent otherwise so entitled) within the time specified herein, the Option shall terminate.

Appears in 1 contract

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

Disability of Optionee. Notwithstanding the provisions of Section 6 above, if in the Optionee is unable to continue as a Service Provider event of termination of an Optionee's employment with the Company as a result of the Optionee's his or her permanent and total and permanent disability (disability, as defined in by Section 22(e)(3) of the CodeCode ("Disability"), the Optionee may, but only within six twelve (612) months from the Termination Date (and in no event later than the expiration date of terminationthe term of the Option), exercise this the Option to the extent the Optionee was otherwise entitled to exercise it at on the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expiredTermination Date. To the extent that the Optionee was not entitled to exercise this the Option at on the date of terminationTermination Date, and to the extent the or if Optionee does not exercise this such Option to the extent so entitled within the time specified herein, the Option shall terminate.

Appears in 1 contract

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

Disability of Optionee. Notwithstanding the provisions of Section 6 6(a)(i) and (a)(ii) above, if Optionee’s Service with the Optionee is unable to continue as a Service Provider Company (or an Affiliate) terminates as a result of the Optionee's total and permanent a disability (as defined in Section 22(e)(3) of determined by the CodeAdministrator), the Optionee may, but only within six twelve (612) months from the date of terminationtermination of Service, exercise this the Option to the extent the Optionee was entitled to exercise it at the date of such termination. Notwithstanding the foregoing, termination of Service and in no event may beyond the Option be exercised after its term has expiredExpiration Date. To the extent that the Shares had not vested or Optionee was not entitled to exercise this the Option at the date of terminationtermination of Service, and to the extent the or if Optionee does not exercise this Option within the time specified herein, the Option shall terminatebe cancelled by the Company.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Lam Research Corp)

Disability of Optionee. Notwithstanding the provisions of in Section 6 above, if the Optionee is unable to continue as a Service Provider his service with the Company as a result of the Optionee's his total and permanent disability (as defined in Section 22(e)(3) of the Code), the Optionee may, but only within six (6) months from the date of terminationcessation of service, exercise this Option to the extent the Optionee was entitled to exercise it at the date of such termination. Notwithstanding the foregoing, in no event may the Option be exercised after its term has expired. To the extent that the Optionee was not entitled to exercise this the Option at the date of termination, and to the extent the or if Optionee does not exercise this such Option (which he was entitled to exercise) within the time specified herein, the Option shall terminate.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (New Stat Healthcare Inc)

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