Common use of Duration and Exercisability Clause in Contracts

Duration and Exercisability. (a) Subject to the terms and conditions set forth herein, this Option shall vest and may be exercised by Employee in cumulative installments as follows: ] (b) During the lifetime of Employee, the Option shall be exercisable only by Employee and shall not be assignable or transferable by Employee, other than by will or the laws of descent and distribution. Without limiting the generality of the foregoing, this Option may not be sold, assigned, transferred or otherwise disposed of, or pledged or hypothecated in any manner (whether by operation of law or otherwise), and shall not be subject to execution, attachment or other process. Any assignment, transfer, pledge, hypothecation or other disposition of this Option or any attempt to make any such levy of execution, attachment or other process will cause this Option to terminate immediately, unless the Board (or the Committee), in its sole discretion, specifically waives applicability of this provision. (c) This Option shall terminate, and shall cease to be exercisable, ten (10) years after the date of this Agreement. (d) [It is intended that this Option will qualify as an ISO pursuant to the Code. The Company assumes no responsibility for individual income taxes, penalties or interest related to grant, exercise or subsequent disposition of stock pursuant to the Option. Additionally, the Company assumes no responsibility in the event that this Option, or the tax treatment related thereto, is ultimately other than the tax treatment currently afforded for ISOs, whether such differing treatment is the result of changes in the tax laws, a disqualifying disposition by Employee, or for any other reason. Employee should consult with employee’s personal tax advisor regarding the tax ramifications, if any, which result from receipt or exercise of this Option, and subsequent disposition of Common Shares. If in the Company’s sole discretion it is necessary or appropriate to collect federal, state or local taxes in connection with the exercise of any portion of this Option, the Company shall be entitled to require the payment of such amounts as a condition to exercise.] (e) In considering the exercise of this Option, Employee should use the same independent investment judgment that Employee would use in making other investments in corporate securities. Among other things, stock prices will fluctuate over any reasonable period of time and the price of the Common Shares may go down as well as up. No guarantees are made as to the future prospects of the Company or the Common Shares, or that any market for sale of the Common Shares will develop in the future. No representations are made by the Company except as contained in any active registration statement at the time of exercise of the Option on file with the United States Securities and Exchange Commission relating to the Option Plan.

Appears in 2 contracts

Samples: Employee Stock Option Agreement (Hughes Satellite Systems Corp), Employee Stock Option Agreement (EchoStar CORP)

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Duration and Exercisability. (a) Subject to the terms and conditions set forth herein, this Option shall vest and may be exercised by Employee in cumulative installments as follows: ]: (b) During the lifetime of Employee, the Option shall be exercisable only by Employee and shall not be assignable or transferable by Employee, other than by will or the laws of descent and distribution. Without limiting the generality of the foregoing, this Option may not be sold, assigned, transferred or otherwise disposed of, or pledged or hypothecated in any manner (whether by operation of law or otherwise), and shall not be subject to execution, attachment or other process. Any assignment, transfer, pledge, hypothecation or other disposition of this Option or any attempt to make any such levy of execution, attachment or other process will cause this Option to terminate immediately, unless the Board (or the Committee), in its sole discretion, specifically waives applicability of this provision. (c) This Option shall terminate, and shall cease to be exercisable, ten (10) years after the date of this Agreement. (d) [It is intended that this Option will qualify as an ISO pursuant to the Code. The Company assumes no responsibility for individual income taxes, penalties or interest related to grant, exercise or subsequent disposition of stock pursuant to the Option. Additionally, the Company assumes no responsibility in the event that this Option, or the tax treatment related thereto, is ultimately other than the tax treatment currently afforded for ISOs, whether such differing treatment is the result of changes in the tax laws, a disqualifying disposition by Employee, or for any other reason. Employee should consult with employee’s personal tax advisor regarding the tax ramifications, if any, which result from receipt or exercise of this Option, and subsequent disposition of Common Shares. If in the Company’s sole discretion it is necessary or appropriate to collect federal, state or local taxes in connection with the exercise of any portion of this Option, the Company shall be entitled to require the payment of such amounts as a condition to exercise.] (e) In considering the exercise of this Option, Employee should use the same independent investment judgment that Employee would use in making other investments in corporate securities. Among other things, stock prices will fluctuate over any reasonable period of time and the price of the Common Shares may go down as well as up. No guarantees are made as to the future prospects of the Company or the Common Shares, or that any market for sale of the Common Shares will develop in the future. No representations are made by the Company except as contained in any active registration statement at the time of exercise of the Option on file with the United States Securities and Exchange Commission relating to the Option Plan.

Appears in 2 contracts

Samples: Stock Option Agreement (EchoStar CORP), Stock Option Agreement (Hughes Satellite Systems Corp)

Duration and Exercisability. (a) Subject to the terms and conditions set forth hereinin this Agreement and the Plan, this Option shall vest and may be exercised by Employee in cumulative installments as follows: ]on the Grant Date. (b) During Except as permitted pursuant to the Plan, (i) during the lifetime of EmployeeParticipant, the Option shall be exercisable only by Employee and Participant or, if permissible under applicable law, by Participant’s guardian or legal representative, (ii) the Option shall not be assignable or transferable by EmployeeParticipant, other than by will or the laws of descent and distribution. Without limiting distribution or pursuant to a qualified domestic relations order as defined by the generality Code, Title I of the foregoingEmployee Retirement Income Security Act, this or the rules promulgated thereunder and (iii) the Option may not be sold, assigned, transferred or otherwise disposed of, or pledged pledged, alienated, attached, hypothecated, or hypothecated otherwise encumbered in any manner (whether by operation of law or otherwise), and shall will not be subject to execution, attachment or other processprocess within six months after the Grant Date. Any sale, assignment, transfer, pledge, hypothecation or other disposition of this Option or any attempt to make any such levy of execution, attachment or other process encumbrance will cause this Option to terminate immediately, unless the Board of Directors of the Company (the “Board”), the Executive Compensation Committee of the Board (the “Committee”), or the Committee)General Counsel of the Company, in its their sole discretionand absolute discretion for any reason or no reason at any time and from time to time, specifically waives waive applicability of this provision. (c) This Option shall terminateexpire, and shall cease to be exercisablethe extent not exercised, ten five (105) years after the Grant Date (the “Expiration Date”). For example, with respect to the Option which becomes exercisable on the Grant Date, any portion which has not been exercised on or before the date which is five years following the Grant Date, shall expire and be of this Agreementno further force or effect on that date. (d) [It is intended that this Option will qualify as an ISO pursuant to the Code. The Company assumes no responsibility for individual income taxes, penalties or interest related to the grant, exercise of the Option or any subsequent disposition of stock Common Shares pursuant to the Option. Additionally, the Company assumes no responsibility in the event that this Option, or the tax treatment related thereto, is ultimately other than the tax treatment currently afforded for ISOs, whether such differing treatment is the result of changes in the tax laws, a disqualifying disposition by Employee, or for any other reason. Employee Participant should consult with employeeParticipant’s personal tax advisor regarding the tax ramifications, if any, which result from receipt or exercise of this Option, and subsequent disposition of Common Shares. If in the Company’s sole and absolute discretion for any reason or no reason at any time and from time to time, it is necessary or appropriate to collect federal, state or local taxes in connection with the exercise of any portion of this OptionOption and/or any subsequent disposition of Common Shares, the Company shall be entitled to require the payment of such amounts as a condition to exercise.] (e) In considering the exercise of this Option, Employee Participant should use the same independent investment judgment that Employee Participant would use in making other investments in corporate securities. Among other things, stock prices will fluctuate over any reasonable period of time and the price of the Common Shares may go down as well as up. No guarantees are made as to the future prospects of the Company or the Common Shares, or that any market for sale of the Common Shares will develop exist in the future. No representations are made by the Company except as may be contained in any active registration statement at the time of exercise of the Option Option, on file with the United States Securities and Exchange Commission relating to the Option Plan.

Appears in 1 contract

Samples: Non Employee Director Stock Option Agreement (EchoStar CORP)

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Duration and Exercisability. (a) Subject to the terms and conditions set forth hereinin the Plan, this Option shall vest and may be exercised by Employee in cumulative installments as follows: ]on the date of grant which is the date first written above. (b) During the lifetime of EmployeeParticipant, the Option shall be exercisable only by Employee Participant and shall not be assignable or transferable by EmployeeParticipant, other than by will or the laws of descent and distribution. Without limiting the generality of the foregoing, this Option may not be sold, assigned, transferred or otherwise disposed of, or pledged or hypothecated in any manner (whether by operation of law or otherwise), and shall not be subject to execution, attachment or other processprocess within six months after the date of the grant of the Option. Any assignment, transfer, pledge, hypothecation or other disposition of this Option or any attempt to make any such levy of execution, attachment or other process will cause this Option to terminate immediately, unless the Board (or the Committee), in its sole discretion, specifically waives applicability of this provision. (c) This Option shall terminateexpire, and shall cease to be exercisablethe extent not exercised, ten five (105) years after from the date on which the Option was granted. For example, with respect to the Option which becomes exercisable on the date of this Agreementgrant, any portion which has not been exercised on or before the date which is five years following the grant, shall expire and be of no further force or effect on that date. (d) [It is intended that this Option will qualify as an ISO pursuant to the Code. The Company assumes no responsibility for individual income taxes, penalties or interest related to grant, exercise or subsequent disposition of stock pursuant to the Option. Additionally, the Company assumes no responsibility in the event that this Option, or the tax treatment related thereto, is ultimately other than the tax treatment currently afforded for ISOs, whether such differing treatment is the result of changes in the tax laws, a disqualifying disposition by Employee, or for any other reason. Employee Participant should consult with employeeParticipant’s personal tax advisor regarding the tax ramifications, if any, which result from receipt or exercise of this Option, and subsequent disposition of Common Shares. If in the Company’s sole discretion it is necessary or appropriate to collect federal, state or local taxes in connection with the exercise of any portion of this Option, the Company shall be entitled to require the payment of such amounts as a condition to exercise.] (e) In considering the exercise of this Option, Employee Participant should use the same independent investment judgment that Employee Participant would use in making other investments in corporate securities. Among other things, stock prices will fluctuate over any reasonable period of time and the price of the Common Shares may go down as well as up. No guarantees guaranties are made as to the future prospects of the Company or the Common Shares, or that any market for sale of the Common Shares will develop in the future. No representations are made by the Company except as contained in any active registration statement at the time of exercise of the Option Option, on file with the United States Securities and Exchange Commission relating to the Option Plan.

Appears in 1 contract

Samples: Option Agreement (Echostar DBS Corp)

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