Common use of Excepted Transfers Clause in Contracts

Excepted Transfers. The provisions of Sections 7(a) and (b) shall not apply to transfers by the Optionee, either during his or her lifetime or upon his or her death, to his or her spouse and/or lineal descendants, to the trustee of any trusts for the sole benefit of the Optionee and/or the Optionee’s spouse and/or the Optionee’s lineal descendants; provided, however, that during the Restricted Period the Optionee shall continue to be subject to all of the terms and provisions of this Section 7 with respect to any remaining present or future interest whatsoever he or she may have in the transferred Restricted Securities, and, further provided that during the Restricted Period any shares transferred pursuant to this subsection (e) shall continue to be treated as Restricted Securities and the transferee of any such Restricted Securities shall likewise be subject to all such terms and conditions of this Section 7 as though such transferee were a party hereto.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (American Defense Systems Inc), Non Qualified Stock Option Agreement (American Defense Systems Inc)

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Excepted Transfers. The provisions of Sections 7(a) and (b) shall not apply to transfers by the Optionee, either during his or her lifetime or upon his or her death, to his or her spouse and/or lineal descendants, or to the trustee of any trusts for the sole benefit of the Optionee and/or the Optionee’s spouse and/or the Optionee’s lineal descendants; provided, however, that during the Restricted Period the Optionee shall continue to be subject to all of the terms and provisions of this Section 7 with respect to any remaining present or future interest whatsoever he or she may have in the transferred Restricted Securities, and, further provided that during the Restricted Period any shares transferred pursuant to this subsection (e) shall continue to be treated as Restricted Securities and the transferee of any such Restricted Securities shall likewise be subject to all such terms and conditions of this Section 7 as though such transferee were a party hereto.

Appears in 2 contracts

Samples: Incentive Stock Option Agreement (American Defense Systems Inc), Incentive Stock Option Agreement (American Defense Systems Inc)

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