Common use of Effect of Termination of Employment or Service Clause in Contracts

Effect of Termination of Employment or Service. Except as may be otherwise provided in Schedule A, the Option shall not be exercised unless the Participant is, at the time of the exercise, an Employee and has been an Employee continuously since the date the Option was granted, subject to the following: (a) The Option shall not be affected by any change in the terms, conditions or status of the Participant's employment, provided that the Participant continues to be an Employee. (b) The employment relationship of the Participant shall be treated as continuing intact for any period that the Participant is on military or sick leave or other bona fide leave of absence, provided that the period of such leave does not exceed ninety (90) days, or, if longer, as long as the Participant's right to reemployment is guaranteed either by statute or by contract. The employment relationship of the Participant shall also be treated as continuing intact while the Participant is not in active service because of a Disability. (c) If the employment of the Participant is terminated due to Disability, the provisions of Section 2(b) of Schedule A shall apply. If the employment of the Participant is terminated because of death, the following shall apply: The Option may be exercised only to the extent vested and exercisable on the Participant's Termination Date, and any portion of the Option that is not vested as of the Participant's Termination Date shall terminate as of such date. The Option, to the extent vested, must be exercised, if at all, prior to the first to occur of the following, whichever shall be applicable (after which time the Option shall terminate): (A) the close of the one-year period next succeeding the Termination Date; or (B) the close of the Option Period. In the event of the Participant's death, the Option shall be exercisable by such person or persons as shall have acquired the right to exercise the Option by will or by the laws of intestate succession. (d) If the employment of the Participant is terminated for any reason other than Disability, death or for Cause, the provisions of Section 2(b) of Schedule A shall apply. (e) If the employment of the Participant terminates for Cause, his Option shall lapse and no longer be exercisable as of his Termination Date.

Effect of Termination of Employment or Service. Except as may be otherwise provided in Schedule A, the The Option shall not be exercised unless the Participant is, at the time of the exercise, an Employee and has been an Employee continuously since the date the Option was granted, subject to the following: (a) The Option shall not be affected by any change in the terms, conditions employment or status of the Participant's employment, provided that the Participant continues to be an Employee. (b) The employment service relationship of the Participant shall be treated as continuing intact for any period that the Participant is on military or sick leave or other bona fide leave of absence, provided that the period of such leave does not exceed ninety (90) 90 days, or, if longer, as long as the Participant's ’s right to reemployment is guaranteed either by statute or by contract. The employment or service relationship of the Participant shall also be treated as continuing intact while the Participant is not in active service because of Disability. The Administrator shall have sole authority to determine whether the Participant has incurred a Disability, and, if applicable, the Participant’s Termination Date. (cb) If Subject to the terms of Section 3(c) of the Plan, if the employment of the Participant is terminated due to Disability, the provisions of Section 2(b) of Schedule A shall apply. If the employment or service of the Participant is terminated because of Disability, death, the following shall apply: The Option may be exercised only to the extent vested and exercisable on Good Reason (as defined in the Participant's Termination Date’s Employment Agreement with the Company and/or Atlantic Capital Bank (the “Bank”), and or, if there is no Employment Agreement defining Good Reason, as defined in Section 5(b) of this Agreement) or Retirement, any portion of the Option that is not vested as of unexercised and unvested on the Participant's ’s Termination Date shall terminate as of such dateimmediately vest and become exercisable. The Option, to the extent vested, Option must be exercised, if at all, prior to the first to occur of the following, whichever shall be applicable (after which time the Option shall terminate): (A) the close of the one-year period next succeeding the Termination Date; or (B) the close of the Option Period. In the event of the Participant's ’s death, the Option shall be exercisable by such person or persons as shall have acquired the right to exercise the Option by will or by the laws of intestate succession. . The Option shall cease to qualify for favorable income tax treatment as an incentive stock option under Code Section 422 if (dand to the extent) If the employment of Option is exercised for Shares (i) more than three months after the date the Participant is terminated ceases to be an Employee for any reason other than death or Disability, death or for Cause, (ii) more than 12 months after the provisions of Section 2(b) of Schedule A shall apply. (e) If the employment of date the Participant terminates for Cause, his Option shall lapse and no longer ceases to be exercisable as an Employee by reason of his Termination DateDisability.

Effect of Termination of Employment or Service. Except as may be otherwise provided in Schedule A, the The Option shall not be exercised unless the Participant is, at the time of the exercise, an Employee and has been an Employee continuously since the date the Option was granted, subject to the following: (a) The Option shall not be affected by any change in the terms, conditions employment or status of the Participant's employment, provided that the Participant continues to be an Employee. (b) The employment service relationship of the Participant shall be treated as continuing intact for any period that the Participant is on military or sick leave or other bona fide leave of absence, provided that the period of such leave does not exceed ninety (90) 90 days, or, if longer, as long as the Participant's ’s right to reemployment is guaranteed either by statute or by contract. The employment or service relationship of the Participant shall also be treated as continuing intact while the Participant is not in active service because of Disability. The Administrator shall have sole authority to determine whether the Participant has incurred a Disability, and, if applicable, the Participant’s Termination Date. (cb) If Subject to the terms of Section 3(c) of the Plan, if the employment of the Participant is terminated due to Disability, the provisions of Section 2(b) of Schedule A shall apply. If the employment or service of the Participant is terminated because of Disability, death, the following shall apply: The Option may be exercised only to the extent vested and exercisable on Good Reason (as defined in the Participant's Termination Date’s employment agreement with the Company and/or Atlantic Capital Bank (the “Bank”), and or, if there is no employment agreement defining Good Reason, as defined in Section 5(b) of this Agreement) or Retirement, any portion of the Option that is not vested as of unexercised and unvested on the Participant's ’s Termination Date shall terminate as of such dateimmediately vest and become exercisable. The Option, to the extent vested, Option must be exercised, if at all, prior to the first to occur of the following, whichever shall be applicable (after which time the Option shall terminate): (A) the close of the one-year period next succeeding the Termination Date; or (B) the close of the Option Period. In the event of the Participant's ’s death, the Option shall be exercisable by such person or persons as shall have acquired the right to exercise the Option by will or by the laws of intestate succession. . The Option shall cease to qualify for favorable income tax treatment as an incentive stock option under Code Section 422 if (dand to the extent) If the employment of Option is exercised for Shares (i) more than three months after the date the Participant is terminated ceases to be an Employee for any reason other than death or Disability, death or for Cause, (ii) more than 12 months after the provisions of Section 2(b) of Schedule A shall apply. (e) If the employment of date the Participant terminates for Cause, his Option shall lapse and no longer ceases to be exercisable as an Employee by reason of his Termination DateDisability.

Effect of Termination of Employment or Service. Except as The Option may be otherwise provided in Schedule A, the Option shall not be ---------------------------------------------- exercised unless the Participant Optionee is, at the time of the exercise, an Employee employee of the Corporation or a related entity, and has been an Employee employee continuously since the date the Option was granted, subject to the following: (a) The Option shall not be affected by any change in the terms, conditions or status of the ParticipantOptionee's employment, provided that the Participant Optionee continues to be an Employeeemployee of the Corporation or a related entity. (b) The employment relationship of the Participant Optionee shall be treated as continuing intact for any period that the Participant Optionee is on military or sick leave or other bona fide leave of absence, provided that the period of such leave does not exceed ninety (90) 90 days, or, if longer, as long as the ParticipantOptionee's right to reemployment is guaranteed either by statute or by contract. The employment relationship of the Participant Optionee shall also be treated as continuing intact while the Participant Optionee is not in active service because of disability. The Administrator shall determine whether the Optionee is disabled within the meaning of this paragraph, and, if applicable, the date of a Disabilityparticipant's termination of employment or service for any reason (the "termination date"). (c) If the employment or service of the Participant is terminated due to Disability, the provisions of Section 2(b) of Schedule A shall apply. If the employment of the Participant Optionee is terminated because of deathdisability, or if the Optionee dies while he is an employee or dies after the termination of his employment because of disability, the following shall apply: The Option may be exercised only to the extent vested and exercisable on the ParticipantOptionee's Termination Datetermination date, and except that the Administrator may in its discretion accelerate the date for exercising all or any portion part of the Option that is which was not vested as of otherwise exercisable on the Participant's Termination Date shall terminate as of such termination date. The Option, to the extent vested, Option must be exercised, if at all, prior to the first to occur of the following, whichever shall be applicable applicable: (after which time the Option shall terminate): (Ai) the close of the one-year period of 12 months next succeeding the Termination Datetermination date; or (Bii) the close of the Option Periodoption period. In the event of the ParticipantOptionee's death, the such Option shall be exercisable by such person or persons as shall have acquired the right to exercise the Option by will or by the laws of intestate succession. (d) If the employment of the Participant Optionee is terminated for any reason other than Disabilitydisability, death or for Cause"cause," the Option may be exercised to the extent exercisable on the date of such termination of employment, except that the Administrator may in its discretion accelerate the date for exercising all or any part of the Option which was not otherwise exercisable on the date of such termination of employment. The Option must be exercised, if at all, prior to the first to occur of the following, whichever shall be applicable: (i) the close of the period of three (3) months next succeeding the termination date; or (ii) the close of the option period. If the Optionee dies following such termination of employment and prior to the earlier of the dates specified in (i) or (ii) of this subparagraph (d), the provisions Optionee shall be treated as having died while employed under subparagraph (c) immediately preceding (treating for this purpose the Optionee's date of Section 2(b) termination of Schedule A employment as the termination date). In the event of the Optionee's death, the Option shall applybe exercisable by such person or persons as shall have acquired the right to exercise the Option by will or by the laws of intestate succession. (e) If the employment of the Participant terminates Optionee is terminated for Cause, his "cause," the Option shall lapse and no longer be exercisable as of his Termination Datetermination date, as determined by the Administrator. For purposes of this Agreement, the Optionee's termination shall be for "cause" if such termination results from the Optionee's (i) termination for cause under the terms of any employment, consulting or other agreement between the Optionee and the Corporation or a related entity; (ii) dishonesty or conviction of a crime; (iii) failure to perform his duties to the satisfaction of the Corporation; or (iv) engaging in conduct that could be materially damaging to the Corporation without a reasonable good faith belief that such conduct was in the best interest of the Corporation. The determination of "cause" shall be made by the Administrator and its determination shall be final and conclusive. (f) Notwithstanding the foregoing, the Administrator shall have authority, in its sole discretion, to accelerate the date or dates on which the Option shall become exercisable, extend the period during which the Option may be exercised, modify the terms and conditions of exercise, or any combination of the foregoing. (g) For purposes of this Agreement, a "related corporation" shall mean any parent, majority-owned subsidiary or predecessor of the Corporation, and "related entity" shall mean any related corporation, limited liability company, partnership or other business entity controlled by, controlling or under common control with, the Corporation; provided, however, that notwithstanding the foregoing, the term "related entity" shall be construed in the Administrator's sole discretion in a manner in accordance with the registration provisions applicable under federal securities laws.

Effect of Termination of Employment or Service. Except as may be otherwise provided in Schedule A, the The Option shall not be exercised unless the Participant is, at the time of the exercise, an Employee and has been an Employee continuously since the date the Option was granted, subject to the following: (a) The Option shall not be affected by any change in the terms, conditions employment or status of the Participant's employment, provided that the Participant continues to be an Employee. (b) The employment service relationship of the Participant shall be treated as continuing intact for any period that the Participant is on military or sick leave or other bona fide leave of absence, provided that the period of such leave does not exceed ninety (90) 90 days, or, if longer, as long as the Participant's ’s right to reemployment is guaranteed either by statute or by contract. The employment or service relationship of the Participant shall also be treated as continuing intact while the Participant is not in active service because of Disability. The Administrator shall have sole authority to determine whether the Participant has incurred a Disability, and, if applicable, the Participant’s Termination Date. (cb) If Subject to the terms of Section 3(c) of the Plan, if the employment of the Participant is terminated due to Disability, the provisions of Section 2(b) of Schedule A shall apply. If the employment or service of the Participant is terminated because of Disability, death, the following shall apply: The Option may be exercised only to the extent vested and exercisable on Good Reason (as defined in the Participant's Termination Date’s employment agreement with the Company and/or Atlantic Capital Bank (the “Bank”), and or, if there is no employment agreement defining Good Reason, as defined in this Section 5(b) below) or Retirement, any portion of the Option that is not vested as of unexercised and unvested on the Participant's ’s Termination Date shall terminate as of such dateimmediately vest and become exercisable. The Option, to the extent vested, Option must be exercised, if at all, prior to the first to occur of the following, whichever shall be applicable (after which time the Option shall terminate): (A) the close of the one-year period next succeeding the Termination Date; or (B) the close of the Option Period. In the event of the Participant's ’s death, the Option shall be exercisable by such person or persons as shall have acquired the right to exercise the Option by will or by the laws of intestate succession. . The Option shall cease to qualify for favorable income tax treatment as an incentive stock option under Code Section 422 if (dand to the extent) If the employment of Option is exercised for Shares (i) more than three months after the date the Participant is terminated ceases to be an Employee for any reason other than death or Disability, death or for Cause, (ii) more than 12 months after the provisions of Section 2(b) of Schedule A shall apply. (e) If the employment of date the Participant terminates for Cause, his Option shall lapse and no longer ceases to be exercisable as an Employee by reason of his Termination DateDisability.

Effect of Termination of Employment or Service. Except as If the Participant’s employment or other service relationship is terminated by the Company or an Affiliate, the period within which to exercise the Option may be otherwise provided in Schedule A, the Option shall not be exercised unless the Participant is, at the time of the exercise, an Employee and has been an Employee continuously since the date the Option was granted, subject to the following:earlier termination as set forth below. (a) The Option shall not be affected by any change in the terms, conditions or status of If the Participant's employment, provided that the Participant continues to be an Employee. (b) The employment relationship of the Participant shall be treated as continuing intact for any period that the Participant is on military or sick leave or service terminates other bona fide leave of absence, provided that the period of such leave does not exceed ninety (90) days, or, if longer, as long as the Participant's right to reemployment is guaranteed either by statute or by contract. The employment relationship of the Participant shall also be treated as continuing intact while the Participant is not in active service because of a Disability. (c) If the employment of the Participant is terminated than due to Disability, the provisions of Section 2(b) of Schedule A shall apply. If the employment of the Participant is terminated because of deathdeath or Cause, the following shall apply: The Option may be exercised only to the extent vested and exercisable on the Participant's ’s Termination Date. Unless otherwise determined by the Administrator, and any portion of the Option that is not vested as of the Participant's Termination Date shall terminate as of such date. The Option, to the extent vested, must be exercised, if at all, prior to the first to occur of the following, whichever shall be applicable as applicable: (after which time the Option shall terminate): (AX) the close of the one-year period of three months next succeeding the Termination Date; or (BY) the Expiration Date. Any portion of the Option that is not vested as of the Participant’s Termination Date shall be terminated as of such date. (b) If the Participant's employment or service terminates as a result of the Participant's death or Disability, the Option may be exercised only to the extent vested and exercisable on the Participant’s Termination Date. The Option must be exercised, if at all, prior to the first to occur of the following, as applicable: (X) the close of the period of twelve months next succeeding the Termination Date; or (Y) the Expiration Date. Any portion of the Option Periodthat is not vested as of the Participant’s Termination Date shall be terminated as of such date. In the event of the Participant's death, the Option shall may be exercisable by such person or persons as shall have acquired the right to exercise the Option by will or exercised by the laws of intestate successionParticipant's legal representative or legatee. (dc) If the employment or service of the Participant is terminated for any reason other than Disability, death or for Cause, the provisions of Section 2(bOption (whether then vested or unvested) of Schedule A shall apply. (e) If the employment of the Participant terminates for Cause, his Option shall lapse and no longer be exercisable as of his the Participant’s Termination Date, as determined by the Administrator. The determination of “Cause” shall be made by the Administrator, and such determination shall be final and conclusive. Without in any way limiting the effect of the foregoing, for purposes of the Plan and the Option, the Participant’s employment or service shall be deemed to have terminated for Cause if, after the Participant’s employment or service has terminated, facts and circumstances are discovered that would have justified, in the opinion of the Administrator, a termination for Cause.

Effect of Termination of Employment or Service. Except as may be otherwise provided in Schedule A, the Option shall not be exercised unless the Participant is, at the time of the exercise, an Employee and has been an Employee continuously since the date the Option was granted, subject to the following: (a) The Option shall not be affected by any change in the terms, conditions or status of the Participant's employment, provided that the Participant continues to be an Employee. (b) The employment relationship of the Participant shall be treated as continuing intact for any period that the Participant is on military or sick leave or other bona fide leave of absence, provided that the period of such leave does not exceed ninety (90) days, or, if longer, as long as the Participant's right to reemployment is guaranteed either by statute or by contract. The employment relationship of the Participant shall also be treated as continuing intact while the Participant is not in active service because of a Disability. (c) If the employment of the Participant is terminated due to Disability, the provisions of Section 2(b) of Schedule A shall apply. If the employment of the Participant is terminated because of death, the following shall apply: The (i) the Option may be exercised only to the extent vested and exercisable on the Participant's Termination Date, and any portion shall automatically fully vest effective as of the Option that is not vested as date of the Participant's Termination Date shall terminate as of such date. The Optiondeath, to (ii) the extent vested, Option must be exercised, if at all, prior to the first to occur close of the following, whichever shall be applicable Option Period (after which time the Option shall terminate): ) and (Aiii) the close of the one-year period next succeeding the Termination Date; or (B) the close of the Option Period. In the event of the Participant's death, the Option shall be exercisable by such person or persons as shall have acquired the right to exercise the Option by will or by the laws of intestate succession. (d) If the employment of the Participant terminates for Cause, his or her Option (regardless of whether vested or unvested) shall lapse and no longer be exercisable as of his or her Termination Date. (e) If the employment of the Participant is terminated for any reason other than Disability, death or for Cause, the provisions of Section 2(b) of Schedule A shall apply. (e) If the employment of the Participant terminates for Cause, his Option shall lapse and no longer be exercisable as of his Termination Date.