Common use of Election for Unvested Shares Purchased Pursuant to Nonqualified Stock Options Clause in Contracts

Election for Unvested Shares Purchased Pursuant to Nonqualified Stock Options. Purchaser hereby acknowledges that he or she has been informed that, with respect to the exercise of a nonqualified stock option for Unvested Shares, that unless an election is filed by the Purchaser with the Internal Revenue Service and, if necessary, the proper state taxing authorities, WITHIN 30 DAYS of the purchase of the Shares, electing pursuant to Section 83(b) of the Internal Revenue Code of 1986, as amended (the "CODE") to be taxed currently on any difference between the purchase price of the Shares and their fair market value on the date of purchase, there will be a recognition of taxable income to the Purchaser, measured by the excess, if any, of the fair market value of the Shares, at the time the Company's Repurchase Option lapses over the purchase price for the Shares. Purchaser represents that Purchaser has consulted any tax consultant(s) Purchaser deems advisable in connection with the purchase of the Shares or the filing of the Election under Section 83(b). A form of Election under Section 83(b) is attached hereto as Exhibit C-4 for reference.

Appears in 2 contracts

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

AutoNDA by SimpleDocs

Election for Unvested Shares Purchased Pursuant to Nonqualified Stock Options. Purchaser hereby acknowledges that he or she has been informed that, with respect to the exercise of a nonqualified stock option for Unvested Shares, that unless an election is filed by the Purchaser with the Internal Revenue Service and, if necessary, the proper state taxing authorities, WITHIN within 30 DAYS days of the purchase of the Shares, electing pursuant to Section 83(b) of the Internal Revenue Code of 1986, as amended (the "CODE"and similar state tax provisions if applicable) to be taxed currently on any difference between the purchase price of the Shares and their fair market value Fair Market Value on the date of purchase, there will be a recognition of taxable income to the PurchaserOptionee, measured by the excess, if any, of the fair market value of the Shares, at the time the Company's Repurchase Option lapses over the purchase price for the Shares. Purchaser Optionee represents that Purchaser Optionee has consulted any tax consultant(s) Purchaser Optionee deems advisable in connection with the purchase of the Shares or the filing of the Election under Section 83(b)) and similar tax provisions. A form of Election under Section 83(b) is attached hereto as Exhibit C-4 C-5 for reference.

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Metatools Inc)

AutoNDA by SimpleDocs

Election for Unvested Shares Purchased Pursuant to Nonqualified Stock Options. Purchaser hereby acknowledges that he or she has been informed that, with respect to the exercise of a nonqualified stock option for Unvested Shares, that unless an election is filed by the Purchaser with the Internal Revenue Service and, if necessary, the proper state taxing authorities, WITHIN 30 DAYS of the purchase of the Shares, electing pursuant to Section 83(b) of the Internal Revenue Code of 1986, as amended (the "CODECode") to be taxed currently on any difference between the purchase price of the Shares and their fair market value on the date of purchase, there will be a recognition of taxable income to the Purchaser, measured by the excess, if any, of the fair market value of the Shares, at the time the Company's Repurchase Option lapses over the purchase price for the Shares. Purchaser represents that Purchaser has consulted any tax consultant(s) Purchaser deems advisable in connection with the purchase of the Shares or the filing of the Election under Section 83(b). A form of Election under Section 83(b) is attached hereto as Exhibit EXHIBIT C-4 for reference.

Appears in 1 contract

Samples: Stock Option Agreement (Avanex Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.